Rear ended

[JMB2828]

What is the name of your state? Oregon...My wife and I were in stop and go traffic on a major highway...the person traveling behind my vehicle failed to stop and hit us at about 20-30 MPH. Although we did not need emergency medical services at the time, I did and have since the accident, have felt discomfort in my lower back. I reported the accident to my insurance company and notified them of my discomfort immediately. This happened on Saturday Nov. 20 2004. I have made an appt. with my Physician (which will be on the Monday following Thanks Giving...so about 9 days after the accident) to get checked out. We have not had the vehicle seen by anyone for damages. Here is the Issue(s) As I have stated, I am not in major pain just mild discomfort...should I wait to be seen or proceed to a emergency room...to help my claim for compensation? The vehicle has a medal bumper and received minimal visible damage...should I take the vehicle in ASAP? His bumper was smashed! My wife, as did I, had discomfort on our sides..probably from the seatbelts...can we get compensation for this? I have also had feelings of sadness and anxiety that have stemmed from this collision...my guess is because we were stopped and the next thing I hear is my wife screaming were going to get hit...the sadness is from myself being the driver and thinking that if I would have went home the regular way, none of this would have happened, and I would not have put my wifes life in jeopardy....is there compensation for emotional stress? The other parties insurance company has been in contact with me but will not authorize claims YET beacause the other driver was in a rental vehicle and need to find out about other coverages...they have said that they would like to get things cleared up ASAP for my benefit. Any thoughts or suggestions would be appreciated.....P.S. I have thought about retaining a Lawyer but everyone that I talk to says that I wont recieve very much because my claims are not that significant...maybe 2500.00

 

[You Are Guilty]

Emotional "damage" is not likely to be part of any settlement offer. If you wanted to really pursue it, at a minimum, you'd need some visits to the shrink or a counselor.

As far as an ER visit goes, all I will tell you is that when I have to cross examine a PI plaintiff, in every case, any delay in treatment is a field day for me. Granted, some injuries do, in fact, take some time to show up, but juries rarely understand that. Conduct yourself accordingly.

Claims adjusters typically will try to settle quickly , for a variety of reasons, none of which are to your benefit really. If you are a real hard assed negotiator, you can certainly handle it yourself, but for the majority of people, retaining a lawyer, even with their 1/3 cut, usually results in them receiveing more money than they would have had they done it themself.

Either way, good luck.

 

[Raisinette]

Originally Posted by You Are Guilty
<snip>
Claims adjusters typically will try to settle quickly , for a variety of reasons, none of which are to your benefit really. If you are a real hard assed negotiator, you can certainly handle it yourself, but for the majority of people, retaining a lawyer, even with their 1/3 cut, usually results in them receiveing more money than they would have had they done it themself.

Either way, good luck.

Is this documented? These type of cases are usually handled by bottom-feeder PI attorneys who take their cut while the "plaintiff" gets little if anything more than they would have anyway. I have personally seen a jury render a defense verdict in a rearender in which the plaintiff appeared melodramatic and the defendant honest. Compensation for injury, even "discomfort" is one thing; for "stress & sadness" at having been in an accident something else -- and unsympathetic, IMO -- again.