Auto Insurance Claims: Low-impact accident/pre-existing fibromyalgia, minor accident, preexisting condition

Question
I was the passenger in a compact car parked in a drive-thru, we were backed into by an SUV pulling out of a parking space. The car was hit in the front right fender area by the man's bumper. The insurance company for the man who hit us wants to settle the case for $700.00, because this was a low-impact accident, where there was $0.00 damage to the car that hit us. I am being told that this is too low of an offer due to the fact that I was diagnosed with Fibromyalgia atleast 2 years ago and about a day or 2 after the accident the pain I suffer due to my condition (which rears it's ugly head predominately through the left side of my body) started to tighten up and hurt in my right neck, shoulder, and back area. This has caused many problems both physically and emotionally. Emotionally because the man who hit us was trying to say that we hit him, and since we really had no witnesses it would be our word against his. Also this physical pain is causing stress to my marriage, I have been unable to sleep in the same bed as my husband, and barely able to take care of my home. All my primary care Dr. can seem to do is document my complaints, and I cannot see my pain management Dr. for almost another month due to scheduling.
I guess my main question is, should I accept the offer from the insurance company, since they say it will be hard to prove that any of my issues were caused by the accident. Is it a fair offer? I am very confused at this point and unsure which way to turn. Any advice is greatly appreciated.


Answer
Dear Tricia,

My heart goes out to you: I have represented a number of clients who had Fibromyalgia, and it makes life difficult.  But what I am going to tell you will not bring a lot of joy to you either inasmuch as it is darn hard to tie an exacerbation of a preexisting condition of Fibromyalgia to minor accident trauma.

I am going to suggest that you send a letter to the adjuster—do not call him back—and tell him that you appreciate the offer, but you need to check things out because this trauma caused your asymptomatic (previously quiet) condition to be “light up” anew, and thus you will be seeking compensation for the entire harm caused.  That is all you have to tell him.  

I know that this will be hard to prove, so you will need an attorney.  But I believe that your accident trauma and stress associated with it caused your previously quiet (or asymptomatic) condition to be “lit up”.

Getting proof that a minor impact can light up such as condition will be difficult.  One might check with the American College of Rheumatology, or a like organization.  But in the end, I can tell you that I never once had a satisfactory result with a Fibromyalgia case until I started hiring an expert attorney who dealt in those cases as a specialty.  

For that reason, I am going to suggest that you call around to all of those attorneys who are advertising in the phone book for one free initial consultation.   Try to find out if any of them has ever handled a case involving Fibromyalgia.  You may never find one, so just go with whomever you believe to be the best.  

Hopefully he or she is a member of your state trial lawyer’s organization http://www.settlementcentral.com/links.php  That way we know that she is keeping up with the latest cases, ruling, and techniques to prevail versus the insurance companies.

DO NOT DISPAIR IF NO ONE WANTS TO TAKE YOUR CASE.  I believe that your minor trauma is enough to cause serious injuries, particularly when the victim is predisposed to certain kinds of reactions, as you were.  Don’t worry about having an exagerrated effect from minor tramua inasmuch as we allow for that with a theory called the “eggshell skull plaintiff.”  

What that means is that the tortfeasor takes his victims as he finds them, and if minor trauma can cause exagerrated reaction in a victim predisposed to that, then the tortfeasor is responsible for the ENTIRE HARM CAUSED.  That is why you need a good attorney to push this through to a successful conclusion.

Tell the attorney you like best that if they will exempt the first $1,000 of settlement (in recognition of the fact that you could likely turn your $700 offer into a $1,000 settlement), then you would agree to a fee of 40% in recognition of the diffiuclty of the case.  

I have confidence that a good attorney could make a part of that claim stick.  Why not give it a try?  It will cost only expenses.  

Best Wishes,

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