I need Help,, I was involved in an accident not to long ago..?

Question

In that the person hit me from behind with little injury to my car. I just have to replace the bumper... With that I notice that my neck started to hurt and begin to look swollen I went to a doctor and begin therapy had x rays neck is indeed swollen strained muscles, couple of days my neck was feeling better and I decided to go ahead and close my case, before I signed anything I got the estimate of what my doctor bill was not that much and what the insurance company wanted to settle for. They told me $150, I mean that's BS and I was wondering if I should contact a lawyer. I was hoping for something not much more than what they offered to compensate me for my injury and wasting gas back and forth to the doctor etc... This is crazy... or am I just tripping. I never have been in a situation like this and I feel that I am getting taken advantage of

Answer 1

X-rays do not detect soft tissue injuries and they are the first thing flaky people claim. This puts anyone with a true injury looking flaky by association. It's not fair but decent people usually get messed over by the prior actions of flaky people.  That all being said, if your planning to finish off with the insurance company get a disclaimer that if you have future problems as a result of the wreck they are responsible. I did this for my son when he was struck by a car. They paid for the current doctors and were quite happy to settle this in that manner.  

As to pain and suffering, you can tell them what you want but be prepared for them to send you to court. On the other hand if you tell them you have X amount of expenditures going to and from the doctor, loss of your car while it was being fixed and a limited amount (limited being a necessary word here) of pain and suffering and tell them you believe that $200.00 or so is a fair recompense you may find they are more then willing to pay you this modest amount.

This is one of those areas where when someone gets hurt they start thinking they are entitled to more because they got hurt and you are, it's just that in trying to collect another $100.00 to $200.00 dollars you wind up looking like a moocher and opportunist.  Not fair but that's the way it is.  

You may want to take the high road it they are not amenable to paying more and go your own way. You can also remember this was an accident not a deliberate assault and let this mess go and get on with your life.

Answer 2

Contact your lawyer, I would

Answer 3

You definitely have whiplash.

I'd contact my lawyer and have the raise the settlement. $150 is far too little amount for pain and suffering due to someone else's negligence.  

Answer 4

I definately would settle for more than that.  I do not endorse whiplash claims, but if you've spent your money on a doctor, you should be re-imbursed for that at least.  And I agree with the above answerer in that there should be a clause saying that if you need further treatment, they'll pay.  If not, I'd make them pay "just in case".  Get a lawyer.  There's still a bunch of "ambulance chasers" out there who would be more than willing to take your case.  Good luck!