What is the name of your state? California
The other driver has claimed liability - It was his fault.
About 2 1/2 weeks ago my car was rear-ended. My vehicle was not moving and was located 2 or 3 cars at the end of a street, meaning there were cars stopped in front of me and I was one of the last ones on that block. The car behind me rear-ended me. I wasn't looking at the rear view mirror at the time so I don't know if he was had just crossed the intersection behind me or if he'd been stopped behind me all along and thought that traffic was moving and so sped up and hit me. Regardless, he hit me and it was a jolt to my system. I have been rear-ended before but this time, immediately I felt a strain and stiffness in my neck. We exchanged information and left. Both cars were driveable. There was no police report filed.
I called my insurance agent when I got home and told them what had happened and also told them that my neck was stiff when they inquired about possible injuries. I did not see a doctor that night because I wasn't sure how serious the injury was.
The next morning, my neck was still hurting and my back was a little sore. I decided to get checked out. I used my health plan which gave me an appointment with a nurse practioner. She checked me out and just sent me home with some pamphlets about neck and back exercises and that was it. She offered me Motrin but I thought the pain was bearable at that moment. The pain didn't go away. I started to get headaches and had trouble sleeping at night. I decided to go back for another checkup. Again my health plan assigned me to a nurse practitioner and she told me that I probably had soft tissue damage but didn't feel I needed physical therapy. She sent me home with more neck exercises and prescriptions of Motrin and Vicodin.
I was assigned and adjustor who told me that if I were going to claim injuries, that I needed to let her know before a month or they'd close the claim and also that the statute of limitations was 1 year. I was sent forms to release medical information and also a form for the attending physician to complete listing the diagnosis, etc... I did not get the form until after I had been seen the first time. And when I did get the form I wasn't sure when I was supposed to submit the form so after the 2nd visit, I gave it to my health plan's business office (their protocol), paid a fee for them to complete the report, and am waiting for that. But in the mean time, I'm still suffering from stiffness of the neck and occasional backpain. Sleeping through the night is still difficult. But I have never been in this situation before. I have been told that some injuries related to the neck and back take many months before they fully present themselves but I'm being pressured by both my and the other's insurance carriers to complete forms and complete the claim. Now I have forms from both carriers... which one am I supposed to be going with? And something that seems as minor as headaches, neck and back pain, and difficulty sleeping, does that qualify as something for a personal injury case?
I just don't want to be rushed into closing the case if there is a chance my injuries might get worse later at which time I will have no compensation for my loss. What should I do? I guess what I'm really asking is, do I need to get a lawyer and is my case worth taking? Shouldn't your insurance company be on your side? It's all so confusing. I apologize if this doesn't make all that much sense.
Appreciate your input.
The other driver has claimed liability - It was his fault.
About 2 1/2 weeks ago my car was rear-ended. My vehicle was not moving and was located 2 or 3 cars at the end of a street, meaning there were cars stopped in front of me and I was one of the last ones on that block. The car behind me rear-ended me. I wasn't looking at the rear view mirror at the time so I don't know if he was had just crossed the intersection behind me or if he'd been stopped behind me all along and thought that traffic was moving and so sped up and hit me. Regardless, he hit me and it was a jolt to my system. I have been rear-ended before but this time, immediately I felt a strain and stiffness in my neck. We exchanged information and left. Both cars were driveable. There was no police report filed.
I called my insurance agent when I got home and told them what had happened and also told them that my neck was stiff when they inquired about possible injuries. I did not see a doctor that night because I wasn't sure how serious the injury was.
The next morning, my neck was still hurting and my back was a little sore. I decided to get checked out. I used my health plan which gave me an appointment with a nurse practioner. She checked me out and just sent me home with some pamphlets about neck and back exercises and that was it. She offered me Motrin but I thought the pain was bearable at that moment. The pain didn't go away. I started to get headaches and had trouble sleeping at night. I decided to go back for another checkup. Again my health plan assigned me to a nurse practitioner and she told me that I probably had soft tissue damage but didn't feel I needed physical therapy. She sent me home with more neck exercises and prescriptions of Motrin and Vicodin.
I was assigned and adjustor who told me that if I were going to claim injuries, that I needed to let her know before a month or they'd close the claim and also that the statute of limitations was 1 year. I was sent forms to release medical information and also a form for the attending physician to complete listing the diagnosis, etc... I did not get the form until after I had been seen the first time. And when I did get the form I wasn't sure when I was supposed to submit the form so after the 2nd visit, I gave it to my health plan's business office (their protocol), paid a fee for them to complete the report, and am waiting for that. But in the mean time, I'm still suffering from stiffness of the neck and occasional backpain. Sleeping through the night is still difficult. But I have never been in this situation before. I have been told that some injuries related to the neck and back take many months before they fully present themselves but I'm being pressured by both my and the other's insurance carriers to complete forms and complete the claim. Now I have forms from both carriers... which one am I supposed to be going with? And something that seems as minor as headaches, neck and back pain, and difficulty sleeping, does that qualify as something for a personal injury case?
I just don't want to be rushed into closing the case if there is a chance my injuries might get worse later at which time I will have no compensation for my loss. What should I do? I guess what I'm really asking is, do I need to get a lawyer and is my case worth taking? Shouldn't your insurance company be on your side? It's all so confusing. I apologize if this doesn't make all that much sense.
Appreciate your input.
