Auto insurance help!

[SL1229]

Hi guys,

Was wondering if anyone has experienced this before:

a week and a half ago, I got rear ended on my way to work. The damage to my car was not that severe ($800 to my car, and $500 to the other person's car). Well, I ended up with some neck and upper shoulder pain, and decided to go to the chiropractor. I filed a claim against the other person's insurance (Geico), and they wanted to settle beforehand for $500. I didn't accept since I had no idea how bad the pain would be going forward.

Now today, after 4 visits to the chiro, Geico calls me and says that they will not pay for any medical bills since they believe that the accident did not seem severe enough to justify an injury. They have now closed my claim.

What should I do? I don't feel that it's right for me to pay for my own medical expenses. By the way, I do not have PIP nor medical insurance for myself.

Any help would be much appreciated!

[Dr.Brian]

Unfortunately they can't make that diagnosis. Physicians make diagnoses not insurance adjusters. I'd see a physician as well to document your issues. One could have a preexisting condition that makes you more susceptible to injury. How would they know? It's a scare tactic. Keep going as long as the physician and chiropractors feel is reasonable. You should see results quickly for a minor accident.
You can always sue him in small claims court yourself. If you really are injured, and whiplash is certainly a real issue, even at modest rear end accidents (I know this from personal experience), demand full repairs, loss of value due to accident history, medical bills, 3x medical bills for pain and suffering and any lost wages from the accident and medical care (if you are compensated that way). If actual physicians document an injury, and you have a reasonable therapy course, they'll pay because the defendant will lose 100% of the time in court for rear ending you.
You shouldn't need a lawyer who will take a significant part of your claim. You need the accident report, all your repairs, some professional estimate of loss of value (if it is a late model vehicle), your physician's and therapists notes, etc. My wife was in an accident and had to sue the guy that rear ended her because while her involvement was minor, he had a very serious accident with another vehicle with injuries, etc. They came with the check at 9am on the day of her small claims court date, at the courthouse steps.
She got all of the above, though her bills were only 5 PT sessions and 2 physician visits.
As an aside, some states, like PA, allow you to discount your insurance bill by giving up the right to sue. I hope you did not do that. Your insurance company may be able to help as well. It doesn't hurt to follow up with them as well. That's why I like USAA. They have a reputation for no BS. If I got sued because the insurance company was playing games with an accident I caused, they'd lose a customer for life.

[SL1229]

Originally Posted by Dr.Brian

Unfortunately they can't make that diagnosis. Physicians make diagnoses not insurance adjusters. I'd see a physician as well to document your issues. One could have a preexisting condition that makes you more susceptible to injury. How would they know? It's a scare tactic. Keep going as long as the physician and chiropractors feel is reasonable. You should see results quickly for a minor accident.
You can always sue him in small claims court yourself. If you really are injured, and whiplash is certainly a real issue, even at modest rear end accidents (I know this from personal experience), demand full repairs, loss of value due to accident history, medical bills, 3x medical bills for pain and suffering and any lost wages from the accident and medical care (if you are compensated that way). If actual physicians document an injury, and you have a reasonable therapy course, they'll pay because the defendant will lose 100% of the time in court for rear ending you.
You shouldn't need a lawyer who will take a significant part of your claim. You need the accident report, all your repairs, some professional estimate of loss of value (if it is a late model vehicle), your physician's and therapists notes, etc. My wife was in an accident and had to sue the guy that rear ended her because while her involvement was minor, he had a very serious accident with another vehicle with injuries, etc. They came with the check at 9am on the day of her small claims court date, at the courthouse steps.
She got all of the above, though her bills were only 5 PT sessions and 2 physician visits.
As an aside, some states, like PA, allow you to discount your insurance bill by giving up the right to sue. I hope you did not do that. Your insurance company may be able to help as well. It doesn't hurt to follow up with them as well. That's why I like USAA. They have a reputation for no BS. If I got sued because the insurance company was playing games with an accident I caused, they'd lose a customer for life.

Thank you so much! I was seriously worried. I haven't gone to a physician yet, but this helps so much. I'm just a little annoyed that Geico is basically telling me to screw off because the damage to my car was minimal...the one thing I do not have is a police report, as we did not call the cops. The insurance company did pay for the damages on my car though.

[K7Baixo2]

Engage an attorney - practice patience. No use getting upset or in a hurry to take another step with the insurance company. All in due time. In fact, I'd suggest that you not contact the other insurance company at all unless your attorney is in the loop.

[SL1229]

what type of attorney should I use??? Auto insurance? Medical?

[Lgear080]

You should use an atty that specializes in auto accidents / injury claims.

Don't go see anyone until you engage an atty. make sure to see at least three
And pick the one you feel best about. Take a day off tomorrow and get that process
Started.

Even a low speed collision can result in real damage.

Secondarily, screw the adjuster that made that call. I have worked in the industry
And even for geico. They are essentially forcing a lawsuit, which is silly.

The pain is real and you need a professional to help.

[SL1229]

thank you so much, everyone! I seriously felt like all the medical bills were going to hit me at once.

Lgear080- Thanks for your advice! The phone call with the adjuster at the end when he said he was going to close out the claim, it made me feel like they were saying I should feel no pain...which I think is BS

Thank you all so again!

[JasoninDenver]

I am a personal injury lawyer and have wrote a guidebook for people in Colorado who are in your exact position - getting screwed by an insurance company adjuster who hopes you do not know your rights.

You can download the book on my website....

www.denversaccidentlawyer.com

Click on the link on the upper left.

Please note this is specific to Colorado and you should try to speak with an injury attorney in your area but it will at least explain the process for you.

[SUBversive]

Insurance companies sop is to screw people over. Half is driven by the desire to screw people the other half is driven by the fact that you are dealing with stupidity and people hired to handle cases in a cookie cutter fashion.

My suggestion .. Hire a lawyer ASAP.

[SL1229]

Originally Posted by JasoninDenver

I am a personal injury lawyer and have wrote a guidebook for people in Colorado who are in your exact position - getting screwed by an insurance company adjuster who hopes you do not know your rights.

You can download the book on my website....

www.denversaccidentlawyer.com

Click on the link on the upper left.

Please note this is specific to Colorado and you should try to speak with an injury attorney in your area but it will at least explain the process for you.

Jason, thank you! I'm downloading it now! This will help me out a lot!

[SL1229]

Originally Posted by SUBversive

Insurance companies sop is to screw people over. Half is driven by the desire to screw people the other half is driven by the fact that you are dealing with stupidity and people hired to handle cases in a cookie cutter fashion.

My suggestion .. Hire a lawyer ASAP.

Definitely! I've called my local personal injury lawyer, and will consult with them tomorrow. Thanks again for your support!

[Dr.Brian]

I'm curious what lawyers would be interested in a claim that's only likely to be a few thousand dollars. When my wife was hit none of the CA personal injury attorneys were interested in that limited claim and all gave her a 10 min lecture on how to sue them in small claims court. Which was $5k max at the time.
Maybe times have changed?
Your resource sounds like exactly what he needs Jason.

[SLRdude]

I once had to crash my own motorcycle to avoid being hit by a guy that ran a red light. I was doing about 40 mph. I bled from top to bottom of my left side (road rash) and I got back on the bike and completed the 40 miles left to my house.

I went to work the next day, limping and barely walking. In a week I was fine and I never went to the doctor.

When I was young and stupid I crashed a car at 130 mph and I walked away from it with some bruises. Some on my body some on my ego. Never went to the doctor.
After a few days of being super sore, I was okay.

IMHO and I am very well known for being often wrong, I do not see how 800 dollars damage to your car can translate into that much injury to you so I see the insurance company side.

Don't get me wrong, I would never ever EVER insinuate that I do not believe that you are in pain. I am just saying that after having a fair share of accidents myself and having been in coma and having a limb ripped off and reattached I just tent to see how the insurance thinks that such little damage to a car can transfer that much pain and damage onto you.

My wife got rear ended a few month ago in a Ford Fiesta by a Jeek Wrangler and did 1500 dollars in damage. She was just slightly shook up and perhaps a bit sore but that was it.

That's just me though, but I broke over 20 bones in my body during my life racing dirt mikes so my tolerance might be different.

I also grew up in a country where suing people or companies is almost unheard of.

Hope you feel better soon and before you put too much time and effort into this, wait a few more days to see how you feel.

[SL1229]

Originally Posted by SLRdude

I once had to crash my own motorcycle to avoid being hit by a guy that ran a red light. I was doing about 40 mph. I bled from top to bottom of my left side (road rash) and I got back on the bike and completed the 40 miles left to my house.

I went to work the next day, limping and barely walking. In a week I was fine and I never went to the doctor.

When I was young and stupid I crashed a car at 130 mph and I walked away from it with some bruises. Some on my body some on my ego. Never went to the doctor.
After a few days of being super sore, I was okay.

IMHO and I am very well known for being often wrong, I do not see how 800 dollars damage to your car can translate into that much injury to you so I see the insurance company side.

That's just me though, but I broke over 20 bones in my body during my life racing dirt mikes so my tolerance might be different.

I also grew up in a country where suing people or companies is almost unheard of.

Hope you feel better soon.

Yes and that's the point that the insurance company is making. What had happen was that when I got hit, my neck snapped (ironically, due to the seatbelt). Ever since that day, I wake up as if I slept wrong, and I can't sit down for longer than 20-30 minutes. It has gotten better, but my fear isn't the pain now, but what if the discomfort never goes away?

It is only $800 worth of damage, but it's what that hit caused. Again, had I embraced for the hit, it might have a been a little different, but I didn't even see the guy coming. At worst case, had I embraced for the impact, I might have had some muscle soreness, but the neck snap is what occurred cause I was blindsided.

Thanks for the well wishes though. Again, not sure what I can do here. I'm in that gray area where my limbs are intact, the car didn't get too much damage, but a lot happened inside the vehicle.

Just to be clear though, I never wanted to sue, I just want the company to pay for my medical bills. It's only like $500 (currently) I don't think I should pay for that since I wasn't at fault for the accident...

[SLRdude]

I'd just pay the 500 and let it be. Fight it too much and you will pay that in the next few months because your insurance will go up.

Their lawyers are just better than yours. Sucks but it's true.

In 2000 I got hit by a girl while I was riding my bike. She sent me into a guard rail and my arm got ripped off, shoulder blade broken in two, broke three vertebrae and my ribs broke and punctured my chest.

She stopped, looked at me, freaked out and ran .

I went in a coma and I woke up almost a week later hooked up to all sorts of life support.

There two witnesses, an off duty cop and a pastor but both were far away enough to where they just saw the car veer into me followed by me crashing.

Many lawyers and cops came over and asked me many questions.

At the end of the day, the insurance company (progressive) said that since I cannot prove that I did not crash myself while avoiding the car, they are not obligated to do crap for me.

I was on my own. Thankfully, my employer provided (AT&T) insurance took care of my 120k hospital bill.

If all you have to worry about is 500 bucks, pay it and say Thank You God for not allowing this to be worse.

Seriously bro, it's not worth the hassle. You can always make 500 more dollars but you cannot get the time invested in this back.

[Dr.Brian]

You're not claiming permanent disability. They're trying to scare you off and hope you're too dumb or intimidated by the "case closed" and "one time settlement" offer. Lets face it, most people probably are. They may really believe you're FOS and making a fraudulent claim. Who cares what they think or want? I want an Aston Martin convertible. That's not relevant either. You have a soft tissue injury. Probably minor and short lived, but it's there and the dunce that hit you is 100% responsible for it. You can walk away, but they'll settle quickly if there is an actual legitimate medical diagnosis and successful treatment plan. It's your money to lose. And the $500 now will be $1000 before you're done, or more. If you had insurance and your bills were being paid that might be a different story. I do pretty well, and I wouldn't be walking away from a couple grand because the insurance adjuster wants to intimidate me out of a legitimate claim.
PS Your insurance will NOT go up as a result of this accident, assuming you were not at fault and rear ended as you say.
Good luck.

[SL1229]

Originally Posted by Dr.Brian

You're not claiming permanent disability. They're trying to scare you off and hope you're too dumb or intimidated by the "case closed" and "one time settlement" offer. Lets face it, most people probably are. They may really believe you're FOS and making a fraudulent claim. Who cares what they think or want? I want an Aston Martin convertible. That's not relevant either. You have a soft tissue injury. Probably minor and short lived, but it's there and the dunce that hit you is 100% responsible for it. You can walk away, but they'll settle quickly if there is an actual legitimate medical diagnosis and successful treatment plan. It's your money to lose. And the $500 now will be $1000 before you're done, or more. If you had insurance and your bills were being paid that might be a different story. I do pretty well, and I wouldn't be walking away from a couple grand because the insurance adjuster wants to intimidate me out of a legitimate claim.
PS Your insurance will NOT go up as a result of this accident, assuming you were not at fault and rear ended as you say.
Good luck.

Thank you, Dr. Brian. Yes, in the beginning of this whole process, the other party acknowledged that this was completely their fault. The point you bring up is exactly why I don't want to forget about this situation. I do not want my medical bills to escalate, and be stuck with couple grand because some idiot wasn't paying attention on the road.

[azguy]

Lawyer up , quickly and never go to the bone cracker without seeing a doctor first...

I had a friend that did that and the insurance company claimed his pain was from the chiropractor....It was a real mess for me because a doctor didn't see him until 3 weeks after the accident.

[brandrea]

Originally Posted by Dr.Brian

I'm curious what lawyers would be interested in a claim that's only likely to be a few thousand dollars. When my wife was hit none of the CA personal injury attorneys were interested in that limited claim and all gave her a 10 min lecture on how to sue them in small claims court. Which was $5k max at the time.
Maybe times have changed?
Your resource sounds like exactly what he needs Jason.

I agree .... Or there's always Judge Judy
I hope you heal up well

[Lgear080]

Jeeeeez slrdude is way out of line. I'm sorry, but your input
Is just plain wrong. The OP is clearly not taking advantage of
Anyone. There is countless documentation demonstrating the
Potential for real harm to be done in low speed rear end collisions.
You must be far stronger and resilient than most others :)

[SLRdude]

Originally Posted by Lgear080

Jeeeeez slrdude is way out of line. I'm sorry, but your input
Is just plain wrong. The OP is clearly not taking advantage of
Anyone. There is countless documentation demonstrating the
Potential for real harm to be done in low speed rear end collisions.
You must be far stronger and resilient than most others :)

I'm not saying he is taking advantage I am just saying that if 500 bucks is all that's in play here then I would just let it go and save my sanity. Dealing with insurance companies sucks.

Let me clear up that saying that he is taking advantage of the situation is not what I am trying to say. Just saying that sometimes fights aren't worth fighting.

If I came across in a bad way I do apologize.

As far as your last line, sadly, that's probably true. I have very few body parts without big scars and I also have limited mobility on the arm that was reattached. I did so many stupid things growing up that I just gave up caring about pain lol. I adopted a "as long as my brain stays intact everything else can be stitched back together" mentality.

I stopped being that way about a decade ago.

[77T]

Sorry to hear about the after effects of the incident. Hopefully your pain will abate and all will go well with your own car repairs (which could become a new pain in the neck).

The claim you filed with Geico can always be appealed through other means outside the courts. Your State has an Insurance Commissioner perhaps, or another regulatory oversight position. Once you know the extent of your medial expenses, approach them with a complaint.

But you will need actual expenses vs. compensation for suffering the pain.

Unfortunately a small case doesn't always get the contingency attorney firms engaged since the cost of litigation is too high for the potential payout.

[Kingair]

And how are things progressing ?

HAGOne and take care

[SL1229]

Originally Posted by Kingair

And how are things progressing ?

HAGOne and take care

I called the adjuster at Geico, but it went to voicemail. I asked him to re-open my claim as I have medical expenses that I need to send over. He hasn't contacted me yet. The attorney I spoke with today told me that I should go to a physician when I can once the claim is re-opened and send all receipts to Geico.

This is starting to become a headache. I feel as though Geico is just ignoring me so that I'll just go away.

[SL1229]

So I called Geico again, and they said that I can not appeal the closure of my claim. That my injury claim has been denied...can they legally do that???

[Dr.Brian]

Even if it were true, and depending on the timing of the initial claim and state law it may be, they can open a supplemental claim. You need to see a physician or you won't be successful. If they don't diagnose you with a problem you have no basis for a claim.

[SUBversive]

I'm sure you can file a lawsuit and recoup your medical that way as part of your damages. But in the short run you might have to pay your doctor bills. Sorry you are going through this.

[SL1229]

Originally Posted by Dr.Brian

Even if it were true, and depending on the timing of the initial claim and state law it may be, they can open a supplemental claim. You need to see a physician or you won't be successful. If they don't diagnose you with a problem you have no basis for a claim.

So I opened the claim two days after the accident after the guy who hit me decided to go through insurance. I went to a chiropractor the following Tues. I didn't know that I had to go to a physician...I feel like I'm stuck between a rock and a hard place...

[Dr.Brian]

Originally Posted by SL1229

So I opened the claim two days after the accident after the guy who hit me decided to go through insurance. I went to a chiropractor the following Tues. I didn't know that I had to go to a physician...I feel like I'm stuck between a rock and a hard place...

Nothing is stopping you from going to a physician today or tomorrow. I hope you filed a police report as well, though it sounds like the person that hit you isn't contesting how the accident happened.
I doubt they'll blame the chiropractors for causing your pain, but they will likely discount their ability to diagnose you with a problem. They are not physicians.

[JasoninDenver]

In many states the law presumes that the person who rear ends another vehicle is negligent. Should not have a liability problem.