Will I be compensated anything for my pain?

Question

Yesterday me and my husband were backing out of a parking spot at Wal-Mart when a lady backed out right on us. My car has a bunch of deep scratches on the back drivers side door. The lady gave us her insurance and a police report was filed. I noticed my back hurting last night and the today my back and left side of my neck is in pain. I went to the doctor and they said I have a back and neck sprain. They gave me some pain pills and muscle relaxers but I can't take them because they put me to sleep and I have 3 kids to take care of while my husband is working. I contacted her insurance company and they agreed to fix my car and take care of my Dr bills since the driver had admitted fault. I just want to know what to expect, so if anyone has had something similar happen to them, how did everything turn out? I am in Arkansas and no I am not planning on getting rich I just feel that I should be compensated for my pain. I would be happy with $100 as long as my pain was acknowledged.

Answer 1

Sounds like really minor damage to your car.  It's going to be hard to justify bodily injury, when you have less damage to the car, than you claim on your body.  I'm really surprised about the back and neck sprain, too, from that kind of accident.  Strain, yes, sprain, no.  And even the strain is pushing it.

Anyway, both of you were backing out.  MOST of the time, the accident would be found 50/50 or some such, and you'd each only collect under your own policy.  

YOUR AGENT can tell you what to expect, but I sure wouldn't expect you would get ANY pain and suffering, when you don't even have a dent in your car.

Answer 2

In the real world, you would be compensated for your pain.  Since you are in Arkansas, and I spent 15 years as an adjuster in Arkansas handling auto claims here goes the plain facts.  First, parking lot accidents are for the most part very low speed impacts.  Your injury is very much a patient diagnosed injury.  Arkansas is a not a direct action state.  That means, if your unhappy with the claim or settlement, you have to sue the individual personally.  The jury will not and can't consider any insurance being involved.  With all that being said, the jury is going to see you as someone who is just trying to get rich, even though you want a $100.00.

  Now, you might have a chance of getting a little of something from the other insurance company if you appear willing to work with them on the settlement.  Remember, they are holding all the cards on this type accident.

Answer 3

Sorry for your accident, it sounds terrible. I But I think If they are covering the medical bills, and the medical bills include medication for pain, then it is already acknowledged and covered in that payment.  If you choose not to take the pills, for whatever reason, that is your choice.  Unless you can find a way to argue that 100 dollars will somehow alleviate your pain, i think it will be a tough case to argue.

Answer 4

You will have to sue to have the possibility of recovering for pain and suffering.  As a lawyer, all I can say is GET OVER IT.

Answer 5

If you are tort eligible, then your claims adjuster will evaluate your claim once you have stopped treatment.  Your claim will be evaluated based on the nature and extent of your injury, treatment and disability.  You will need medical documentation in support of your allegations.