QuestionI was involved in a car accident back in Jan 2007. I got rear ended. I was driving alone in a civic and the car that hit me was driving an Escalade and had a passenger with her. There were no damages to my car or the other car but the impact was pretty hard because i did get whiplash and was actually surprised there were no damages to my car. I was behind the white line before i got hit and when I did get hit i went over the line and had to reverse my car just so i wouldn't block traffic. A little shaken up after what had happened we pulled up to the gas station to switch info but the other driver was being really uncooperative and resist to give me her information and blamed me for her hitting me, how interesting is that right??? So I go back into my car looking for my cell and was literally shaking and panicking because i needed to call someone for help but couldn’t find my phone so luckily i had some change and called 911 from the payphone. My phone flew to the other side of the car and was somewhere under the seat because i later found it. Anyway going on with story, so the police gets there to take our statements and the other driver was still not cooperating and refused to give me and the police her info, so at this point i thought she had no insurance and police said that she will most likely be fined for that. The driver said she has insurance and was begging me not to call her insurance but didn't cooperate with us at all. I did get a police report and the police told me that i was free to go (after like 30 mins trying to get info from this lady) and she would handle the other driver. I was actually going to let it go cause there weren't any damages to our cars but she was being stupid so I'm glad i got a police report. I called my insurance to report the accident but never received one phone call from her insurance....now after how many months later 8-9 months I receive a phone call from her insurance....Thinking that she didn’t the insurance lady told me she did...well how come I never received a call from them asking me for my statement during the time of the accident??!! Anyway I told her that I started feeling major pain in the middle of last month which was September every morning when i wake up my back really aches, have problems sleeping, driving to work and even sitting at work. So turns out the reason why she was calling is because the passenger wants to make a claim against the other driver a lil confused because the other driver is her sister so why would someone do that right?? Since there were no damages to both cars and I am feeling a lot pain now, can I file a claim for bodily injury???? I called to follow up with the other insurance and she was giving me major attitude and was telling me that it is unusual that after 9 months later I’m starting to feel pain and didn’t do anything about it right away and basically saying that I probably wouldn’t get anything out of it…..Well in my situation I try to avoid doctors as much as I can simply because I don’t have the money and can’t afford to pay for it. And I didn’t go see a chiropractor right because I obviously couldn’t afford it. Even when I had the flu I didn’t go the see a doctor…that’s just the way I am…..I don’t go to the doctors or even take time off work unless I really have too and in this case I really do because I’m still young being that I am only 23 and do not want to have back problems when I get older. So what can I get out of this situation?? Would the other insurance be able to pay for my injury?? What do I do??? please help me. Thanks
AnswerHi Judy,
Well, it seems at least your typing fingers were not injured! That is quite a long history, but it fails to include some pertinent information. I would like to know when you first started feeling pain and even if you did not see a doctor, was there any friend or co-worker who can give a witness statement that you dealt with the pain long before nine months?
There are two major problems with your bringing a claim for personal injuries. Neither of these makes the claim impossible, BUT COMBINED, they will require that you provide some documentation of your pain.
The first problem is the lack of damage. Minor Impact Soft Tissue claims are also known as MIST claims, and most companies have a special unit to deal with injuries sustained in an accident with no vehicle damage.
In this case, you have AT LEAST THREE pieces of evidence that the hit was hard enough to cause personal injury. First is the fact that even with your foot on the brake pedal, the impact was sufficient to move your vehicle—perhaps three to five feet. The second piece of evidence is the fact that your phone was thrown around. The third piece of evidence as to the impact is the fact that the passenger is making a claim, and hence she sustained injuries.
Try to recall any additional little details that would show how hard the impact was and list all of these in your demand letter.
The second challenge with your making a claim is your refusal to see a doctor. Surely we ought to reward those in our society who can handle things stoically and forego medical care. BUT that is not the case: personal injury insurance settlements are based upon medical or chiropractic records "No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Your excuse of no money is not going to cut it inasmuch as you did have your own insurance that would have paid your chiropractic bills. But you need to develop the information regarding your aches and pains and then tell the adjuster why you did not see a doctor.
We tell our visitors that even if they did not see a doctor for many months following the accident, it is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM AN AUTO ACCIDENT http://www.settlementcentral.com/page0104.htm
In making up your history of pains during the past months, I want you to recall when you could not do activities this summer. Here is what we tell our visitors on keeping track of soft tissue pains, and I believe the same applies to you:
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.
Here is where that friend comes in for help in proving the connection between the accident and your current care. Make up a witness statement by that friend or co-worker and submit it with your demand letter.
I will give you a couple of witness pages since witness statements help win insurance settlements http://www.settlementcentral.com/page0196.htm Insurance adjusters like something to put into their file. I would make up written witness statements and I would make them under penalty of perjury. A bit more on insurance claim witness statements http://www.settlementcentral.com/format.php?Page=8016
Here is a bit of information on how the claims process works on a self help basis to submit an insurance injury claim http://www.settlementcentral.com/page0014.htm Dr. Settlement and personal injury attorneys and insurance adjusters have given you some free ideas of how to proceed. For example, here are a couple of ideas on making an insurance claim demand letter http://www.settlementcentral.com/page0170.htm to get an insurance settlement.
Do you have a claim? Yes, and in summary, I think you should continue to make that claim. You might have to work on documentation to do so, but I think you can prevail. Just remember to keep a lot of the communication in writing and you will be fine.
As for your questions, I will hit them quickly now. No, it is not unusual for the adjuster to NOT CALL YOU since the tortfeasor told them you and your car were both OK. Insurance companies think that if you wish to make a claim, YOU will contact them and do so. Next, family members and friends who are injured passengers always make claims versus the driver. Next, offer your complete medical history for many years to show that you never go to the doctor. That will help to explain why you did not go this time. Finally, DO NOT BE INTIMIDATED BY HER STATEMENT THAT YOU WOULD NOT GET MUCH. You just take care of your end of the work and be firm in your demand for deserved compensation.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
