rear ended; other driver found at fault. I have minor neck pain and headache. Should I seek compensation? How?

Question

Other driver found at fault by Highway patrol at scene. Went to my doctor and he prescribed muscle relaxer and pain med. My work insurance paid for the doctor visit. I still have some neck pain but it seems to be subsiding. The guy who hit me has the same insurance company I do. I already gave a statement to the insurance company that I've had headaches and neck pain on a recorded statement of how the accident happened. They've offered to repair my car that has about 5,000 dollars worth of damage. Should I ask the insurance company for financial compensation for pain? If so, how do I go about it? Thanks for your help

Answer 1

You do not need to see a lawyer. Any lawyer will take 1/2-1/3 + expenses of any settlement you get.

If you went to the Dr and your neck is getting better - just give the adjuster who is handling your claim a call. Let them know that you had to see the Dr and want to settle your claim. The adjuster will have you sign a medical authorization so they can order copies of your medical bills/records for the treatment you had related to the accident. They will be willing to settle with you in a lump sum. They will offer to cover the medical bills and add something for pain/suffering. In return, you will sign a release that ends the injury claim once and for all. If you are married - your spouse will have to sign the release as well.

If all your claim is - is a Dr check and some meds - it'll be easy to take care of. There is no need to get an attorney involved.

The key to settling an injury claim is open communication with the adjuster. If you have a question - ask it. You don't need to show your fanny - "don't ask..demand" .... really now.
Whether you ask nicely or make a @ss of yourself does not matter. You have an injury claim either way. All showing your fanny does is shut down the lines of communication and that makes it less likely to get the claim settled amicably. If you go into the process acting like a butthead - then the adjuster will respond the same way -and nothing gets done.

My experience - when injured parties work with me- the process goes much easier on the injured person and me. Both of you have a common goal - to get the claim resolved.

As far as "three times the meds and wages go"..."so demand 5". Again - bad advice.

Very few insurance companies pay 3 x the meds/wages for a soft tissue claim- so don't get that stuck in your head. Don't make stupid unrealistic demands. That just shuts down the communication lines. Think of it this way: you have a car for sale - You are asking 10,000 for the car. A fella comes by - test drives the car - likes it and offers 2000 for the car. Are you going to waste your time making a counter offer to this fool? No - he's jerking you around. But if the guy drives it and offers 7500 - OK, that's a little lower than you like - but you may counter him at 9000 - it does not shut the negotiation down.

Answer 2

The other insurer should pay for a rental, if you must get one. I recommend using a body shop that provides a free rental while your car is being repaired. That way you don't have to wonder if a rental will be furnished and for how long. If you have pain, seek and get medical treatment and submit the bill to the paying insurance company. If you have your own collision insurance, you will be much better off using your own insurance. It relieves you of a lot of hassle and work. They can tell you how to do it. BTW, Although It does sound as if the other party is at fault but despite what so many people believe, admitting fault doesn't make it so. Only insurance companies can do and will find fault. When you have insurance.... USE IT !

Answer 3

If you had no out of pocket expenses... and your all better... what on earth do you need compensation for?

The selfishness of people never ceases to amaze me. I guess you just saw the dollar signs huh? Let me guess.. your "pain and suffering". What a sad sad world.

I am all for getting compensation if you are injured and life will never be the same. If your face was burned off.. you lost your ability to work.. but reading these answers.. just makes me sad.

I guess youve all seen way to many big bad lawyer commercials huh? Its all fun and games until you or one of your familiy members are the ones being sued.

So whatever.. do what you want. You could be a good person... and not try to screw someone over.. or.. be a jerk... go through a big battle (sure get a lawyer.. enjoy all your money going to his new porshe) .. and then maybe end up with 500 bucks after years of legal battles.

Ugh. makes me sick.

Answer 4

First off, don't ask, demand. Tell the adjuster that the $5000 is fine for the vehicle, but you also need compensated for the pain. DO NOT SIGN ANYTHING OR ACCEPT ANY CHECKS UNTIL EVERYTHING IS SETTLED. The rule of thumb on compensation for pain is 3 times any medical bills and lost work. I would start by asking for 5 times and then settle for the 3. This is not what you paid, but what the total medical bills were. If total medical bills were $5000, ask for $25000. They are probably going to come back with around $2500. Haggle until you get what you feel you deserve. They will low ball it and try to drag it out as long as possible figuring that you need the car taken care of so you have transportation. If you can afford to wait up to 2 yrs for this to be settled, stick to your guns and don't back down. If you need the money quickly, you are pretty much going to be stuck. The insurance company should be reimbursing your medical insurance company also. Be prepared for the insurance company to drop you if you go after additional compensation. If all else fails, get an attorney. Be prepaired though, for the attorney to take 33 - 50% of the settlement.

Answer 5

Highway patrol doesn't determine fault - state law does. Yes, as you were rearended, likely the other guy IS at fault.

You might not be entitled to any compensation, depending on your tort options and what state you are in. If you DO want it, and think you're entitled to it, ASK THE ADJUSTER. Just flat out ask. See what they say. You can also talk this over with your agent.

Answer 6

You may both have the same parent insurance company, but it will be separate accounts and probably separate agents. Your agent will be the best source of information.

His advice will probably be to accept the offer on getting the car fixed, and get that process started (ask about a rental until you get it back), but to leave the medical part open until you know more about your prognosis. Then discuss what to expect with your doctor, especially as concerns ongoing possible problems.

Answer 7

see DR ,,,then see lawyer..