whiplash neck injury - insurance - what to do next?

Question

I got hurt in a wreck last week that was not my fault - the insurance of the car that crashed into me is assuming responsiblity. At first I thought I had no injuries, and told their insurance that I thought I was unhurt. Then a few days later when I was talking to them about the car damages, I mentioned that my neck had been hurting. They said "we'll send you a check for $100" I said that would be nice. I've never been in a car wreck before. I feel very naive about this. Over the next few days, my neck REALLY began to hurt. Very very much. I never go to the doctor about anything, but I am going to have to if this goes on. I phoned the insurance and got an answering machine and left a message saying I was in a lot of pain now. They didn't reply. What should I do? I'm worried because I said OK when they said they would send me a check. I think $100 will not even cover one doctor's appointment. Anyone with any experience or advice to offer - please help! Thanks in advance, Kali

Answer 1

1) Go to the doctor now.
2) Call your insurance company and tell them.
3) Call an attorney.

Whiplash is the common name for a hyper extension/flexion injury to the cervical, thoracic or lumbar spines. The injury is referred to as "whiplash" due to the neck or back being thrown forwards and/or backwards at a rapid speed. This causes the fibres of the neck muscles to tear, resulting in pain and often a decreased range of movement.
A whiplash injury can be the result of impulsive stretching of the spine, as the head snaps forward and then back again causing a whiplash injury. The Insurance Institute for Highway Safety defines whiplash as: "a range of neck injuries that are related to sudden distortions of the neck." It takes about 100 milliseconds for an occupant's body to catch up to the car when it is hit, and it is during this time that the damage occurs.

Whiplash can be caused by any motion similar to a rear-end collision in a motor vehicle, such as may take place on a roller coaster or other rides at an amusement park, sports injuries such as skiing accidents, other modes of transportation such as airplane travel or from being hit or shaken.Shaken baby syndrome can result in a whiplash injury.

Answer 2

First of all, go hire a personal injury lawyer. Advise him/her of all the conversations that took place between you guys.

Second, find a chiropractor. Treat with that chiropractor consistently (3x/week) until discharged. Seek a Neurologist so that he/she could do nerve testing and identify if any nerves have been damaged due to the accident. Get 2 MRI's done (one-cervical and two-lumbar) thats your back and neck. Ask your chiropractor to send you for those. MRIs are really the only thing that can say that you are injured. Herniations are very good. Bulges-insurance companies don't really recognize them as serious injury.

Third, cease all conversations with the other insurance company. Don't talk to them anymore, especially if you hire a lawyer. They can't send you a $100.00 unless you signed a release for bodily injury. If you signed a release, then you are forever barred from compensating from this accident. If you didn't sign a release, but they send you the $100.00, send it back.

You advised them that you were hurt a couple of days later, that's fine. However, the proof lays in the medical records provided from your doctors offices. Call up your insurance company to open a PIP no fault claim, so that they can pay your medical bills. Go speak with a lawyer.

Answer 3

I was in an accident recently myself. Unfortunately, some insurance companies can be slow to reply. The main thing is to get the medical attention you need NOW, because the longer you put it off, the worse it will be on you physically. Some insurance companies will ask that your own private medical insurance pay the claims until they determine whether your injury is related to your accident or not. What happened in my situation was that once it was determined that the injuries WERE related to the accident, the insurance company responsible for payment only had to reimburse my insurance company for the amount they paid to the providers rather than the amount billed by the providers! I felt this was unfair because the responsible insurance company usually does not have a contract with the providers entitling them to a discounted fee--AND, when you are done with treatment and ready to settle, it is to THEIR advantage to have paid less to the providers (from doing my homework online and at the library). From what I understand, your "settlement" is normally based on a multiplier of the cost of your treatment. For example: If the cost of your medical care was $2,000 and the insurance adjuster multiplied that amount by "2" because they felt your injuries were minor, you might be entitled to a $4,000 settlement (for your pain and suffering). However, if the insurance adjuster "did the math" using the reduced amount they paid the providers (say it was $950 and the rest was "written off" by the provider), then the adjuster might try to tell you that your claim is only worth $1,900 (because they multiplied $950 by 2). I feel that this is not fair! Not only does it screw the providers, but also the people who were injured! If the insurance company plays game with you, your best bet is to hire an attorney--especially if you have an injury that may affect you for a lifetime! There are plenty of attorneys that won't charge you anything unless they recover a settlement for you--and then they take a certain percent of that settlement as their fee.

Answer 4

Call them tell them you are in very bad pain and you need to see a doctor but cannot afford the fees and tests.
I am not clear on something: were you in a car when you were hit?

If so call your insurance company and let them slug it out with the other insurance company - that is what you pay them for.

Get a lawyer they take these cases on contingency and whatever they get you give them a percentage. Their insurance company will start jumping through hoops when they find out you have a lawyer

DO NOT SIGN ANYTHING

Answer 5

Its not as easy as you think to fake whiplash, The symptoms are different than what you would think they would be. Often people dont know they have had any injury for several days, but in your case I also think his mother put it in his head. You insurance will take care of everything, if the accident vs. injury is suspicious to them... as I expect it will be, they will do their own investigation, and you dont have anything to worry about.

Answer 6

They are required to pay all medical bills as a result of the accident. They are required to fix or pay for your car. Most are required to provide you FREE with a rental car while your is being repaired. And they are required to pay for pain and suffering,, if your daotor says it is the result of the accident. You made a statement, you did not sign off on anything. DO NOT Sign anything untill you are through and released for the docotor. You can get a Lawywer thenif you want or need to. However he will take close to half of the settlement. Have a fun day. Stand your ground and demand what you have coming. Ask about that rental car.

Answer 7

7 years ago I've been involved in a car wreck and even since suffered with severe on and off facial and jaw pain. I've tried almost everything western medicine had to offer and had visited countless of specialist, had done ct scans, and therapies but to no avail. The doctors I have been to had persisted that there wasn't anything wrong with me and that almost drove me crazy as I was going through hell from this condition. According to all my symptoms I was diagnosed by a holistic doctor as having TMJ and he had recommended this book to me. After following the recommendation in the book for several weeks, it had changed my life. I got immediate relief after following the unique set of exercises in the book and after 2 weeks the jaw and face pain had completely gone. I only wish I would have ordered this program years ago. It would have saved me a lot of pain and anguish.

Answer 8

Get a lawyer and get checked out as well . The problem with most people is they wont go to the hospital from the crash scene . This is a problem for the law suit if there is one because you walked away from the scene on your own..... Never walk away . Always have them take you to the hospital ....You will have a better chance to recover your lost time and wages .