QuestionQUESTION: On February 8th I was stopped at a red light when a car slammed in the rear end of my car. My head went into the dash and whipped back. Besides for being shook up I had felt okay. After the accident the lady was completely apologetic and gave me her insurance info. I went straight home after the accident and had a bad headache.
I went to sleep and woke up in horrible pain. A few days before the accident 3 people at my job were fired and we were all told that if we weren't at work on time and ready to work then we would be let go as well because we were being watched. I gained from the termination and got a promotion. I was in serious pain but with this being only the second day in my position I didn't want to miss any time because I was in fear of losing my job. I went ahead and went in to work and really couldn't do much. I work at a Boys and Girls Club working with 5-12 year old kids and it involves a lot of activity and interaction with them. We can never be caught sitting down so I did my very best to perform. I couldn't play any games and just monitored as well as possible.
When I was off of work I was sitting at my desk almost in tears of pain. A parent seen me and asked what was wrong and I told her about the accident and she pleaded with me to go to the E.R. and I did. My brother went to a co-workers house while my fiance took me there. We had no one to watch my 4 year old son so he went with us. We got to the hospital around 10pm. I was taken back and was waiting in the room and was put into a neck brace and laid in the hospital bed for around 2 hours before I was given a cat scan and x-rays. My son was scared when they took me away for the scans and started to cry. I was taken back to my room and later was told I had a severe case of whiplash and I was suffering from neck and back sprain/strain. I was given pain medicine and muscle relaxer. I was told if the headaches continue I should come back and the same with my neck/back pain. They told me to take time off if needed to get plenty of rest. I was given discharge papers and we went home. The hospital bill is $3,356.56
The next day the insurance company came and looked at my car and priced damages at $2,100. I was in too much pain so my fiance went and talked to them.
Since then I've still been suffering from constant headaches, lower back pain and neck pain. I haven't been able to take time off. I've always been the type to just deal with pain so I continue to do so even though I feel that I should go get looked at. It's just that I'm 24. My mom just died on Halloween and I take care of my 14 year old brother.
I don't know if you understand but last thing I want is him worrying about me. The night I told him I was going to the hospital he was so worried about me. I didn't want him to know what hospital I was going to because it's were we last seen our mom. It's just me and him. Our father died when he was 8.
I didn't and continue not take any days off because I have to work to support him and myself and my son. I hear I can get reimbursed when I settle the claim but it's hard telling that to bill collectors and property managers.
Things have got worse between me and my fiance. She has supported me and has taken time off from night school but now she's upset because she's failing classes because of missed and failed tests because she's taking care of me and hasn't been able to make class or practice for the tests.
I'm not trying to make this too personal but she's upset because I haven't been able to give her the love and attention that she needs and deserves that she's been accustomed to receiving from me. We have a 1.5 month old son and she's been dealing with a lot. She's been taking my brother to school for me, taking me to work, then going to work herself, then picking me up, cooking, cleaning, taking care of our 1.5 month old son and our 4 year old son. I try to help but anything other than laying down hurts and is so uncomfortable.
She understands why I go to work because I have to provide for us but I put so much into myself for those hours at work that when I'm off I'm so tired and in pain that all I can do is lay down. I try to keep my 4 year old occupied by having him in the bed with me while watching superhero cartoons but it only helps so much.
A big part of this post is also that she the kids and left to stay at her parents house because she just couldn't take it anymore. She got her grades and was very upset over them. She tries to remember it's not my fault I was in an accident but like it affects my life, it affects her.
I just simply made the time to go back to the hospital or doctor's office besides the one time. I haven't even attempted to get my car fixed.
People tell me to go back to get looked at first but I simply just can't. I haven't received the medical bill from the visit yet. What in your opinion is a price I should ask for in this settlement?
ANSWER: Hi Brandon,
I'm sorry you're going through this.
Unfortunately, Insurance comapnies will base your settlement on the amount and cost of your treatment. They take the position that if you were able to not seek treatment then you did not need treatment. As a result their offers will be very low.
I would suggest that you speak with an attorney about your case. They may be able to refer you with doctors and or chiropractors that will be willing to wait to be paid. If you are in pain, you need to seek treatment & help.
I hope this helps
Richard Hixenbaugh
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QUESTION: is a bodily injury claim different then the claim that's already open? They told me that they excepted liability and that they'll take care of my medical bills when we first spoke.
I went doctor's office today. They gave me higher doses in both pain killers and muscle relaxers. The doctor also wrote me a referral to a physical therapist. She also wants the reads and screens from my visit to the emergency because she is concerned about my severe case of whiplash. She said it's one of the worst she's seen. She also believes the popping in my jaw is from the accident. She said something about inflammation in my jaw from the accident along with me sleeping on it has caused my jaw to produce the popping noise. During the x-rays at the E.R. I was asked if my jaw felt okay when they were taking pictures and then again after so maybe they seen something but just didn't tell me.. so she wants the reads and the screens.
What should be my next course of action? Do I call the insurance people to update them? It's been close to 3 weeks since we talked. Do I try to settle now or go to the therapy and finish the medicine first or wait til the doctor gets the medical reads from the E.R. visit? Just tryna figure out where do I go from here? The steps.
Thanks
ANSWER: Hi Brandon,
There is really nothing for you to do. The at-fault persons insurance company is not going to pay your medical bills as they are incurred. Instead, after all treatment is completed and you are released from the doctors care. You will need to asseble a demand package that will include all of your medical bills and records as well as your demand letter stating how much you are demanding to settling the claim.
You should visit www.collisionwizard.com . It will help you keep track of all of your treatment information as well as help you create a demand package. It even has a calculator that will help you determine the value of your claim based on the information you input.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: I called the insurance company to update them on things and I happened to ask about a posiible settlement. The person I talked to was someone just logging notes since the person was in charge of my case was out. Long story short she said I had a very minor case and that i'd only be awarded $500. I am very upset! It's feels like a slap to my face.
AnswerHi Brandon,
You should never talk to anyone from the insurance company until all treatment is complete and you are ready to submit a written demand package. No one at the insurance comapny is your friend. They will twist everything you say to them in order minimize your claim. They will lie to you and try to get you to say things out of context. Everything you say to them will be used against you. DO NOT TALK TO ANYONE AT THE INSURANCE COMPANY AGAIN, UNDER ANY CIRCUMSTANCES!!!!!!!
Now. You should seek whatever treatment that is needed. You should visit the website I directed you to earlier: www.collisionwizard.com to start a file. If you feel you can not handle this then you need to start interviewing attornies.
This is a bodily injury claim. Anything related to your injury is part of your bodily injury claim including: medical bills, lost wages, pain & suffering, mental anguish, loss of consortium, mileage back & forth to all doctors & therapy (keep a log).
I hope this helps
Richard Hixenbaugh
