I was rear-ended last week... need advise.

What is the name of your state? CA

My husband (driver), adult son and I were stopped at a red light and were rear-ended. My son and I went to the doctor. She said that we both have whiplash and a mild concussion and that it will take several months to heal.

Someone from their insurance company wants a recorded statement from me.

Do I need to get an attorney? At this point, I don't plan to sue, but what if there are long lasting effects of this accident. I know that sometimes the pain of injuries can last a long time and require a lot of doctor visits. I don't want to settle too soon and then regret it if we have more medical expenses.


Thanks for your help...

I am unsure if you are from a no-fault state or not. If I was you I would get a personal injury attorney, find one that does a free consultation. A PI attorney will be able to advise you on what you should do or not do concerning the other insurance co.
Good Luck, unfortunately it does take months to recover from whiplash, I know when I went through it I wished I had just broken something instead.

Someone from their insurance company wants a recorded statement from me

Where is YOUR insurance company? Did you file a claim? What does YOUR insurance company policy say as to representation?

Do NOT talk to the other insurance company. And if you haven't already, then contact YOUR insurance company.

[JETX]

"Do NOT talk to the other insurance company."
*** I disagree. If the accident happened as you describe, then you shouldn't have any concerns with talking with them to explain the circumstances of the accident.
Also, lets look at the REALITY of your situation.
Your only apparent complaint is 'whiplash'. Simply, that on its own is very likely NOT enough to warrant an attorney taking the case on contingency. This means that other than your 30 minute 'consultation', any legal services you need for the attorney to 'run interference' will likely far outweigh any potential settlement offer.

At this point, I would suggest you talk with the insurance company and let them complete their investigation of the FACTS. Don't offer ANY specific information on your injuries, only saying that you are "currently under treatment" and refer them to your doctor for any medical evaluation.

And I won't disagree.

HOWEVER, I would still like to know where YOUR insurance carrier is in this matter?

But remember whiplash can sometimes be more than just the average "whiplash", I know most people think it is nothing, but until you have been there don't make it out to be nothing. I was told by an attorney that if after 3 months(after accident) I had not recovered and my injuries were obvious to my Dr. then I would very likely have a good chance at recovering compensation for my injuries. Sometimes the "whiplash" does not go away.

[stephenk]

Kris,

the poster's insurance carrier would only matter concerning the property damage to their own car and for payment of their medical bills if they have med-pay coverage.

the other carrier would need to have verification that the poster's car was insured. if no insurance on their car, the driver/owner of the car would not be entitled to general damages (pain & suffering).

Originally posted by krispenstpeter
And I won't disagree.

HOWEVER, I would still like to know where YOUR insurance carrier is in this matter?

Probably sitting back collecting this persons premium payment and waiting for her to demand they get to work. At least that is where my insurance companies usually are.

the other carrier would need to have verification that the poster's car was insured. if no insurance on their car, the driver/owner of the car would not be entitled to general damages (pain & suffering).

Of course Stephen, and that's what I suspect.