Auto Insurance Claims: Choice of Auto Body Estimates, Stopping Chiro Treatments, soft tissue injuries, chiros


Question
I myself was in an auto accident oct 1, a teen with a 2 week license backed out of her garage quickly and hit me on the left side without stopping
the agent of her insurance did not advisse me if i can see a doctor because I had a lapse in my own medical insurance so I did not go
i eventaully got a lawyer and started chiro in nov first week i now feel better and had almost 20 visits total with 2 chiros as i had to transfer due to distance
my chiro still does not want to discharge me but i feel i am okay
i am a Physical therapist myself but lawyer said i cannot treat myself
do i have to be forced to go to a certain no. of visits

also the insurance paid me a check of 3,100$ tocover for body auto damages but a quote i got put it at 5000 i just cashed the check but have not had it fixed , can i get more money or do i have to bring van to shop

my personal injury lawyertook pictures but said it is not a personal claim but they can help if the insurance does not pay

my baby daughter was with me at the accident she was seen by pediatrician after for fever and throwing up a week later and 4 chiro visits.....do we get any money
is making more chiro visits gonna help my case or should i stop now and just continue to manage myself
thanks

Answer
Hi Trixie,

Soft tissue injuries can be tricky in healing and then popping back up again once one starts to get active.  Hence, I would follow the instructions of the doctor and continue with the treatments until you are discharged.  Even then I would be on the alert for a nagging pain that can come at night or the next morning following physical activity.

You are not going to the doctor for the purpose of inflating the value of your claim.  That is not proper.  But, of course each additional visit does generate a medical bill, and a chart note, and hence is continued proof of the difficulties you continue to have.  So, yes, those visits DO help the value of your claim, but we do not want you going for that reason, since that resource is available for your healing only.  

By the way you have the duty to mitigate your damages, and so if you were to fail to follow the instructions of your doctor, that would work against your recovery.

As for the issue with your property damage, there are two issues.  You do NOT have to use the money to repair your van (if you own it free and clear).  You are free to spend that money as you see fit.  HOWEVER, I wonder how your attorney thinks he is going to get any more money from the adjuster since you likely did have to sign a release of claims on the van in order to get that check.  

You will have to ask your attorney about that issue.  As for the proper thing to do in the first place, if you are ever offered a check for less than the value of the claim, NEVER ACCEPT IT AND CASH IT.  Give it back. You are entitled to your own estimate at the auto body shop of your choice.  Hence, I would have sent back the check and insisted upon the estimate from your own shop.  Please see the page titled:
Auto Accident Collision Repair Shops & Insurance Adjuster Relationships Explained in Answers by Doctor Settlement, J.D.-Auto Accident Insurance Claim Expert
http://www.settlementcentral.com/page0456.htm

You asked about money for the injury to your child.  The claims of minors for personal injuries suffered are strictly controlled.  Parents must invest the funds in the name of the child in a blocked account.  Injury claims of minors http://www.settlementcentral.com/page8017.htm  insurance settlement procedures.  

OK, Trixie, that about does it.  I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com