Auto Insurance Claims: follow up question: 4 Car accident, soft tissue injury, medical release form


Question
Hi this is just a follow up question in regards to the one posted a couple days ago. Again i was involved in a 4 car accident and was the vehicle in the front, that is i hit no other vehicle and 3 cars piled up behind me. (california accident)

In the accident my neck bone ended up shifting slightly to the right. I have been seeing a chiropractor to get adjusted. However I am now starting to have back problems (3 weeks later). If I was to mention it to my chiropractor would it still be related to the original accident or would it be considered unrelated? How much should i expect for economic and non economic damages as I am suffering from stiffness of the neck and back problems?

The other question is It has been approx 19 days since the accident and no insurance is taking fault. I have been without an operating vehicle since then and no one is willing to give a rental vehicle. When someone finally does take fault will they pay for the days I did not have an operating vehicle? Also If i was to go to a rental company and rent a car will they be responsible for the money out of pocket I had to pay? One insurance company said they are entitled to pay "the lowest cost rental" would that essentially mean i would have to get the cheapest car they have? I would assume something equivalent to the vehicle that was damaged not anything below.  

Answer
Hi Jon,

An injury settlement will not happen until all of your treatment is complete and you have been released by the doctor. At that time you will need to prepare a demand letter outlining how the accident happened, the injuries you sustained, the doctors you went to, the treatment dates, cost of each treatment and the doctors prognosis. The insurance comapny will also require you to sign a medical release form so that they can obtain your records from the doctors. A demand for a soft tissue injury with a few weeks of treatment should be in the area of 3 times the total od your medical bills. This will include pain & suffering, inconvenience, etc..  you are also entitled to be reimbursed for any lost wages, mileage to and from the doctor and any other expenses you incured. However, all of this will be subject to negotiation.

As far a rental vehicle; you are entitled to payment of say $15.00 per day fron the date of the accident for "loss of use" of your vehicle. Once you actually obtain a rental car you are entitled to payment of the cost of the rental car. The law says you are entitled to a "comparable" rental car. However, that does not mean is you were driving a Rolls Royce that they have to rent you a Rolls Royce. Comparable means the same size and function. Often the insurance company will try to to rent you the smallest cheapest car they can find. If you can show a need for a larger vehicle such as you need room for 2 child car seats or you had a van that you use in your work, then they have to provide you with a vehicle that will accomplish the same function.

I hope this helps
Richard Hixenbaugh