QuestionI was a passenger of an accident in CA in late July. My boyfriend and I had just left for vacation when a car turned in front of us causing a collision. As we had friends also vacationing with us, we were able to ride with them (my boyfriend's car was totaled.) I had some neck and shoulder pain for about a day or two as well as a large bruise on my leg (I did not see a doctor.) I'm not sure how to approach settling this claim with the insurance company. Do I ask for money for these somewhat minor injuries even though I didn't see a doctor? What should I expect as far as the impact it had on my vacation? (i.e. being worried/stressed about it, waking up with a stiff neck . . . all while I'm trying to have a nice vacation.) I know it's probably not a lot (if anything), but I have no idea what to ask for! :) Thanks.
AnswerHello again, "B",
Let me get right to the point: if you have had no continuing pains, then there is no need to go to a doctor at this point. Your award will be a few hundred dollars for the slight inconvenience you suffered. Try to document back through your activities and come up with some good examples of how that pain bothered you. Then read the last paragraph below and submit your claim. All the rest I am going to tell you is not relevant if you just had a brief bout of pain and you have been well for the past month.
BUT if, as I believe, the trauma of an accident that totaled a car caused injuries that to this day can bring a dull ache after physical activity, then I think you MUST see a doctor, and I suggest that you read what I am going to write telling you about soft tissue claims.
You will bill your boyfriend's insurance, or your own insurance—using the PIP or Med/Pay provisions of each. Or bill your health care insurance. No need to try to bill the tortfeasor's insurance, as they will not want to pay for such delayed treatment.
Here are the questions I would expect that you may have:
(1) isn't it too late to seek medical care now?
(2) What should I say as to why I did not come in for treatment sooner?
As for #1, NO, IT IS NEVER TOO LATE TO REPORT INJURIES SUSTAINED IN AN ACCIDENT.
As for #2, you tell the truth: that you felt pains but that you thought that if you took it easy this summer they would go away. In fact, you laid off some physical activities that you normally would have done just to nurse the injury, but even now you have a dull ache at night or the next morning following a day of physical activity.
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NOW, "B", let's go explore that topic of soft tissue injuries again. My first point is that you do NOT ignore soft tissue injuries. If your neck still hurts this much later, then you were in a pretty hard crash, as we have discussed. Listen to your body and get medical attention when you feel any aches or pains that continue for a day or more. You were in an accident that was hard enough to give pain two months later, then there likely was sufficient trauma to cause moderate-term soft tissue injuries.
GET MEDICAL CARE FOR YOUR INJURIES—if you have any aches, DO IT NOW. You were involved in an accident with a lot of impact. It is likely your body suffered trauma sufficient to cause injuries. And there is no reason why you should suffer. Plus, if you get medical or chiropractic care, you are entitled to recover for personal injuries from the tortfeasor.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
In soft tissue cases such as this, the full extent of most injuries is not known immediately after finishing early months of bodily rest or 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 body will respond until you have experienced sufficient physical exposure to load-test the ligamentous 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 claim, all further treatment is YOUR responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement.
Here is 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, "B", 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 read the following:
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 FALL ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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Learn about how to handle your own injury claim: DO IT YOURSELF INSURANCE CLAIM SETTLEMENTS
OK, "B", Let’s Look at self-help methods of resolving your claim. Learn how to settle your own personal injury insurance claim AND DO IT!
Learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS. Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims—just skim this if you wish—it is way too detailed for your purposes here-http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
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
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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Learn about how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
FINAL TOPIC, "B": 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 him 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 him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him 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 extra 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
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Hi "B",
Dr. Settlement knows personal injuries from trauma of an impact large enough to total the car MUST BE TREATED BY A DOCTOR. I am NOT going to let you even try to settle this claim until you see a doctor. I gather that you are living with a sore neck some days, and that is just not right.
You are entitled to treatment via your boyfriend's PIP or Med/Pay insurance, or from those same provisions in your own insurance.
Personal Injury Insurance Claim: http://www.settlementcentral.com/page0201.htm Insurance Company Payment of Medical Expenses as Incurred
Today is the presidential debate, and I promised my granddaughter that I would buy pizza for her and her girl friend to watch together, and then I am going to take them to a movie, so I do not have the time right now to give you the full hour of attention your case requires. I will supplement this answer this weekend with a lot of free information pages from my website to give you some background.
Here is why I believe I need to go to a lot of effort for you. Anytime the trauma was that much, and you had soft tissue injuries, those are still active today and they WILL BOTHER you in the future unless you obtain treatment for them now.
For example, if you were to do some activities that require physical exertion, I will bet that you will feel a dull ache that night or the next morning. That is how soft tissue pain can start, and unless you get treatment for the injuries, there is no guarantee that they will just disappear.
As for damages, loss of vacation enjoyment IS a compensable item. Being worried about some things CAN be compensable, but the way you describe it, I would not put any money on it if I were the adjuster. Still, I will go over emotional distress with you when I answer this weekend.
In summary, I am going to make you see a doctor and start an abbreviated course of treatment. That will provide you with a basis to start healing. It will also provide the basis for making your claim for damages. A doctor's diagnosis is necessary to collect anything other than a bare minimum inconvenience award (i.e. $200).
Until Later,
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
