QuestionI was involved in a 4 car accident in SF, California. I was the vehicle in the front and did not hit any other vehicle, 3 cars piled up behind me.
Me and my partner were hurt in the accident. My partner did not shift any parts of her body or have anything damaged however she is very tense and has a lot of back pain. I had my neck shifted slightly to the right. Both of us are seeing a chiropractor and am wondering if the person who is "at fault" will pay for my medical bills and "pain and suffering" or economic and non economic costs. How much would i be entitled to?
Lastly my back is now begining to hurt 3 weeks after the initial doctor visit. Woudl it be to late to notify them of it? woudl they still relate it to the accident or is it too late and now "unrelated?"
AnswerHi Jon,
Dr. Settlement knows that chiropractors can do wonders with soft tissue injuries. But for a personal injury insurance claim, you will have to take the initiative and learn how to submit a claim that will win you a good insurance settlement.
So take a look at these free pages to get a little idea of how to proceed.
Personal Injury Attorneys and Insurance Claims Adjusters www.SettlementCentral.Com Settle Your Injury Claim: http://www.settlementcentral.com/page0014.htm Do It Yourself Insurance Settlements
Accident Personal Injuries: http://www.settlementcentral.com/page0262.htm Powerful Demand Letter by Documenting and Learning Accident Medical Impacts
http://www.settlementcentral.com/page0092.htm insurance adjuster tricks
Read up a bit on my website—or join if you want some demand letter examples and negotiation guides. Then try to do your business in writing instead via the phone: she is a pro on the phone and you need time to think in order to respond to her points.
Here is the direct answer to who has to pay for the medical expenses. We like to use our own insurance for the reasons cited.
Personal Injury Insurance Claim: http://www.settlementcentral.com/page0201.htm Insurance Company Payment of Medical Expenses as Incurred
Next, take your time to make sure that both of your injuries have healed. DO NOT SETTLE YOUR CLAIM UNLESS BOTH OF YOU ARE ABSOLUTELY CERTAIN THAT YOUR SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODIES WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to your mother. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before the claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
In soft tissue cases, the full extent of most injuries is not known immediately after finishing early rounds of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your bodies will respond until you have experienced sufficient physical exposure to load-test the scar tissue as you heal.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and nine months later when you are suffering at work and the pain starts to become too much, and you go to a doctor only to discover that you can expect a course of treatment that will cost a lot of money? After you settle your claims, all further treatment is YOUR responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement: when you cash the check, you agree to close your claim in all aspects. Check with your no-fault PIP adjuster to find out whether they will pay anything once you close the claims against the tortfeasor.
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: you will never see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
I know that you think this is going on too far with this one topic, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times. So just have patience a bit longer and commit yourself to convey the following to your mother and make her follow it. Tell her this:
There may be a dull ache at night following a day at work or some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious fractures and soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm Hence that answers directly your inquiry on this topic; ALWAYS report the later-detected pain as accident-related.
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
FINAL TOPIC, Jon: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let her know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking her what the options are to resolve the matter fairly should she not agree to a reasonable claim value. In other words, let her know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
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
