Need advice re: auto accident

[trunner]

What is the name of your state? Washington.

On 11/8/03 another driver failed to yield and I struck them in the side of their car while traveling approx. 25 miles per hour. The other driver was cited for failure to yield. My 3/4 ton pickup sustained over $5,000 damage to the front end. I did not hurt much right after the accident while we were waiting for the police to come. I gave a statement to the adjustor over the phone & gave her permission to see my medical records (which I probably shouldn't have) 4 days after the accident. I saw my physician & my chiropractor 2 days later. By that time my back & neck pain had gotten much worse. I have been seeing my chiropractor, my physician & a massage therapist since then trying to relieve the pain which was VERY severe for several weeks and is still bad over 2 months later. I just received my first contact from the adjuster since my initial phone conversation with her. She sent me a check for $1,069, which was $750 for pain & suffering & $319 for medical expenses. I had not even seen my physician when we talked by phone. She said in the letter that because I was being treated regularly for back pain by my chiropractor prior to the accident I was only going to receive the $1,069. I saw my chiropractor 9 times last year before the accident, for back pain in another area of my back. I saw him about 6 times in each of the 2 years before that. I already have a little over $1,000 in total medical expenses so far and my back still hurts almost constantly. Should the fact that I was already seeing the chiropractor (for unrelated back pain) result in my claims not being paid for by the other drivers insurance?

 

[-- Cali--G--]

What is the name of your state? Washington.

On 11/8/03 another driver failed to yield and I struck them in the side of their car while traveling approx. 25 miles per hour. The other driver was cited for failure to yield. My 3/4 ton pickup sustained over $5,000 damage to the front end. I did not hurt much @ the time of the accident. I gave a statement to the adjustor over the phone & gave her permission to see my medical records (which I probably shouldn't have) 4 days after the accident. I saw my physician & my chiropractor 2 days later. By that time my back & neck pain had gotten much worse. I have been seeing my chiropractor, my physician & a massage therapist since then to trying to relieve the pain which was VERY severe for several weeks and is still bad over 2 months later. I just received my first contact from the adjuster since my initial phone conversation with her. She sent me a check for $1,069, which was $750 for pain & suffering & $319 for medical expenses. I had not even seen my physician when we talked by phone. She said in the letter that because I was being treated regularly for back pain by my chiropractor prior to the accident I was only going to receive the $1,069. I saw my chiropractor 9 times last year before the accident, for back pain in another area of my back. I saw him about 6 times in each of the 2 years before that. I already have a little over $1,000 in total medical expenses so far and my back still hurts almost constantly. Should the fact that I was already seeing the chiropractor (for unrelated back pain) result in my claims not being paid for by the other drivers insurance?

YES, and if you re read your post carefully you will see why.

 

[trunner]

Can you give a better explanation?

Not sure what you mean. Can you explain yourself a little more? The pain I have as a result of the accident is in a different area of my back and has been severe. The treatment I was receiving prior to the accident was for some minor pain - totally unrelated to the pain I'm having now. Thanks.

 

[lwpat]

" I did not hurt much @ the time of the accident. 4 days after the accident. I saw my physician & my chiropractor 2 days later. By that time my back & neck pain had gotten much worse."

This is a typical situation. The pain will show up about three or four days after the accident and can be very severe. You made a mistake by not going to the emergency room at the time of the accident. If you don't go the insurance company will claim that you were not injured.

"have a little over $1,000 in total medical expenses so far and my back still hurts almost constantly. Should the fact that I was already seeing the chiropractor (for unrelated back pain) result in my claims not being paid for by the other drivers insurance?"

Based on personal prior experience you will only receive more if you take them to court, especially if it is State Farm or Allstate. I'm not sure what the small claims limit is in Washington but you can file in small claims yourself although I recommend that you at least consult with an attorney. Your chiropractor will need to testify and your medical doctor will need to verify that you were unable to work if you are claiming lost wages.

 

[trunner]

Need to clarify when I was hurt

I should've clarified that IMMEDIATELY (first couple minutes)following the accident I didn't hurt much. But by the time the police arrived, in about 10 minutes or so, my back & neck were already hurting. This happened on a Saturday, I started calling her insurance company on Monday, but they wouldn't let me speak with an adjustor until after I called for the second time on Wednesday. They said they had to verify that their insured's car wasn't stolen or anything first. I told the first person I spoke with on Monday that my back & neck were hurting and I made it clear to the adjustor on Wed that I needed to get medical attention due to the pain I was having and had purposely not seen anyone up to that point because I didn't know if I needed to get their permission before seeing someone first since I had never had this happen before. I also asked her how they would prefer I handle seeing someone for the pain I was in, i.e. could I just go to my Chiropractor or did I need to see my regular physician. She recommended that I see my regular physician first EVEN IF I had to wait a while. The earliest I was able to get in to see him was 2 days later. I saw him, he took x-rays, etc., then I started seeing the Chiropractor later that day. The insurance company is Pemco.