Auto Insurance Claims: Rear ended, still recieveing treatment, cortisone shots, little honda

Question
A little over a year ago I was rear ended while at a complete stop (the driver was in a van, I was in a little Honda ). The damage was only about 600 dollars to my vehicle- but I had neck and back pain immediately. I had a MRI that shows a bulging disc and 2 torn discs, my whiplash in my neck went away after about a week or so. I was mid semester in college (I was 19), recently married (only two months before), and working part time. I received my first cortisone shot just so i could finish the semester- sitting in class was near impossible for me. Life has been really hard with my injury. I started P.T. but didn't feel like I was making much progress, and it was near impossible to GET there in between school and work but I did all my exercises on my own, swam everyday as recommended and have been completely pro active about my injury and the healing process. I've had so many bad side effects from the cortisone shots (Ive had 2 now) but didn't feel like I could cope with the day to day pain without them. I've decided I don't want to get any more because they never fix your injury, they just cover it up.

I have had a few month long gaps in my treatment because I have moved 3 times, three different states since the accident... and sometimes my back really is feeling "better" but i KNOW its just because of the cortisone... after 4 months the first time- I was in a ton of pain again and knew it had worn off.  The second shot has lasted a bit longer and I have received rehabilitation therapy and chiropractic care for the past 4-5 months. I got to the year anniversary of my accident and was worried that my time for treatment was running out but found out that my personal injury lasts 3 years. (my insurance is in Washington) It had been a whole 8 months since my cortisone shot so i figured it was out of my system and worn off and that my injury had made progress because I was going days without pain, so I stopped treatment about a month ago and decided to start to settle.

I have farmers insurance a PIP (personal injury protection) and have over 10,000 already paid out in medical bills... by farmers.


I had contacted my adjuster and started inquiring about the process and said I think that i was ready but she said she couldn't until the last bills were in. Ive been waiting and kinda annoyed until this week...

I now know that the shot is NOW wearing off.
last Monday I felt a little pain but just shrugged it off saying it was normal to still feel it a tiny tiny bit and that i just needed to do my exercises. The next few days it got worse until it felt like it had the month after the accident. i was beside myself.
I have been in so much pain this last week. On a scale of 1-10 I'd say its an 8.
I have been in tears the past few days and now I'm so afraid I am going to have to deal with this injury for the rest of my life.
This doesn't just affect my life, it affect my husbands too :(


My adjuster is out of town for the holidays, but i do know that since my claim isn't settled I can receive care- if medically necessary (which it obviously is)
I am so grateful those bills took forever to get to her, i would have been beside myself if I couldn't receive compensated treatment. My person injury limit is pretty high I think its over 25,000...?

so tomorrow i will start again, go to the doctor (spending valuable work time), get a referral to another specialist and go from there. I am so overwhelmed by this process. I have never had to deal with insurance of any kind before (i am only 20 now) and no one seems to be able to answer my questions about claims and how they work.


through my own online research I now know a TON of things I wish i would have known:

i didn't call the police to the scene, it was another college kid who hit me he was nice about things and there wasn't a TON of damage so we took pictures on our own, checked out his insurance before he left and felt okay about things (now i know we should have had a police report)

the guy who hit me had geico: Ive never dealt with anything like this before and I thought I've always HAD to talk to them. The adjuster on their side of things is always calling me to see how I'm doing and I was always honest... so when she asked me how I was doing last month I said I'm feeling a little better, i think I'm close to being done (not I know I should NEVER EVER said that)

I shouldn't of had any gaps in between treatment.

So my question for ALL of you who know about this process on a professional level:

Am I going to see any money when I do finally decide to settle?
What can I do from now on regarding the wages I lose?
Do you think will have to take this to court?

Please give me any advice, tips, or insight.

I am in pain, stressed to the max about insurance papers/phone calls, and really scared that this injury is going to be a part of my life for the next few years...  

Answer
Hi Jennie,

I'm sorry you are going through this.

Unfortunately, the balance of the process with the insurance comapny will likely not be pleasant.

If you have any further conversation with the adjuster, you should never indicate that you are doing better. In fact you should not have any phone conversation at all with the opposing insurance adjuster. They document every conversation so as to build evidence thay can use against you. No matter how nice and friendly they seem on the phone you must understand that it is their job to gain your confidence so that cay can get information to use against you later. They are trained to get information out of you that will help them minimize your claim or perhaps deny it altogether.

You should continue any needed treatment. Once you are ready to talk about a settlement, you should prepare a written settlement demand package that will include all of your medical bills, supporting documents for any lost wages, statements from doctors about your need for future medical car and assiciated expenses. In your demand letter you will need to put a value on your total claim including pain & suffering. You wil then submit all that to the insurance comapny buy certified mail/return receipt requested. In your letter you should tell them not to call you but to respond in writing. That will be the beginnig of a negotiated settlement that could take months to achieve.

You should check oput a website called www.collisionwizard.com . It will help you develope a demand package as well as provide guidance on the value of your claim.

If all of this seems too difficult, you can always consult with an attorney. In most cases it is the best way to go.

I hope this helps
Richard Hixenbaugh