Auto Insurance Claims: auto accident, insurance expert


Question
6/25/12 i was rear ended by a guy who claimed to be reading and not paying attention. my mom and son were in the car with me. at the time i did not feel any pain but as the night went on my mom and me were feeling sore. my mom wanted to go to the er and be checked out but i insisted on waiting to see how we felt in the morning. when i woke up i had a terrible headache and my left side of my neck and back were hurting me.we went to the er and my mom and me were told we had whiplash/soft tissue damage, my son who is 3 and was in a car seat seamed to be perfectly fine but was checked just in case. i called the other guys insurance *travelers ins and turned in a claim. i waited a few days and was never called back, when the adjuster finally did call me back he was very rude so i decided maybe it would be best to contact a lawyer. i signed a retainer with a law office and handed over all my information. this lawyer set up a drs apt to evaluate my moms, and my injuries. the orthopedic dr said the same thing that the er dr said. she told me to stay off work for 2 wks * i am a waitress* and do physical therapy for 2 wks. i have followed all of her orders, the pain in my back has went away but i am still having headaches everyday/allday. when i went back for a follow up apt. the dr thought it would be best for me to stay off work for 2 more wks and continue with physical therapy, this time 2 times a wk instead of 3times a week. yesterday i got a letter from my lawyer saying that he was not going to take my case anymore because the case was handed over to a siu agent and so no ligitiment settlement offer would be made. i called the travelers insurance adjuster and told him now that i dont have the other lawyer i would rather just settle this without one. he told me that the claim had been red flagged and turned over to an siu agent. i asked what that ment and he said they will investigate to see if it is necessary for me to be off work for all this time and for the physical therapy. he said that they have drs and nurses who will look over all the info and decide if they will pay my medical bills and time off work. he said the investigator will call monday or tuesday to set up an apt and talk with me. is this normal?i have never been in ann accident before so i am not sure what to do. i really did not want to contact another lawyer but i am wondering if will be in my best interest to go ahead and talk to a lawyer. and what would the reason be for them even sending the claim to a siu agent. i dont understand, i have bee following dr orders and the agent is making it seem like i did something wrong. please help with any information you have about this matter.

Answer
Hello Tamil...

So sorry for the delay ... have been dealing with a family emergency.

You're claim is under investigation because they question your injuries.  No matter how many so called specialists they claim to have none of them have examined you.  They cannot legitimately assess your injuries.

Nor can the SIU assess your injuries.

The point is if you are injured ... you're injured and they owe you.

Now comes the problem.  You can expect either long delays and/ or a very low settlement.  For that reason I recommend you retain a new and perhaps better personal injury attorney who is interested in a fair recovery for you.

I wish you well and good luck.

Jane Pytel