I have been told neck injuries can cause problems years later. I am worried that I may have problems down the road. The ER physician sent me home with pain killers and recommended no work, no lifting, ice and anti-inflamatories. I'm also worried that my insurance company could raise my rates and I that my car, even after it's repaired will not have the same re-sale value.
You definitely need a lawyer if you are injured. Insurers will not treat you fairly without one. I suggest reading reviews and searching us lawyers here on avvo. I wouldn't worry too much about your rates as this was not your fault and that is unlikely though not out of the question.
Go to your doctor and detail all the injuries and pain you have no matter how seemingly insignificant. Make sure get your doctor to continue to prescribe you off work as long as it is medically necessary. As you stated in your question, it is true that neck injuries can progress over time. You have three years to file a lawsuit against the at fault party after the accident. However, I would certainly want to talk to an attorney soon. An attorney can probably help you with the property damage claim as well. Do not give a statement to the at fault party's insurance. Get a lawyer. We all give free consultations to see if it's a good fit. Don't wait! Good luck.
FIND A LAWYER. Your insurance company is not your friend. Make sure you do report this to your insurance company right away. Unfortunately, the re-sale value is something that a lot of victims have to deal with, but you must report it to your carrier right away. Hopefully you also have a copy of the police report, assuming there was one. Keep good records on all of your out-of-pocket expenses, wage loss, etc., as those goes to damages that you can claim later. Claims for future wage loss and future medical expenses may also be available. Talk to a personal injury attorney ASAP to make sure you preserve your statute of limitations.
Your insurance company will not help you with an injury claim against the at fault driver. That's what a personal injury attorney is for.
If you have personal injury protection coverage (PIP), then you need to open that claim with your insurance company. If you do not have PIP, then your health insurance will need to cover your bills. The other insurance company will not pay your medical bills as they are incurred but it will be part of your claim when your are ready to settle your injury claim which is separate from your property damage claim.
You should contact a local personal injury attorney to discuss further.
I agree with Jason. You are also correct regarding the value of your vehicle. Insurers look for ways to avoid paying for the diminished value of your car, regardless of how well it's fixed. Ask any attorney you speak with, about including that loss along with your bodily injury claim.
Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
You really need to retain counsel. Chiropractors do good work, too. Your insurance company shouldn't raise your rates since it was not your fault. Your property damage should include the reduced re-sale value of your vehicle.
In my state a claim for diminution in value can be made as to the vehicle. If the amount is substantial I plead this in the complaint when I file the lawsuit for the personal injuries. You should hire an attorney. They can handle your bodily injury claim and address the damage to your vehicle. Expecting an insurance company to treat an unrepresented claimant fairly is like expecting a rattlesnake not to bite you if you pick it up. (In my opinion.)
The short answer is that you will always benefit by having an attorney on your side in any case involving injury. Your insurance company will probably deal with the property damage, although if issues come up it is comforting to have someone to address your concerns. You are correct that once your car has been damaged it will have less resale value. That is another reason to have your attorney pursue general damages arising out of your bodily injures. I suggest you get help now, not later. This can affect how your case is valued by the other driver's insurance company. Good luck!
Your first priority is your health. Even a low speed collision can cause serious and long term complications. The most definitive assessment tool for neck injuries is an MRI. As a rule of thumb your neck injury should not be evaluated by an MRI until about 30 days post accident. An MRI can tell your doctor and you whether or not you have a herniated cervical disc. A herniated cervical disc may require surgery depending on whether the herniation is causing numbness and tingling in your arms and fingers. I would strongly urge you to enlist the help of an attorney with the resources and reputation to get an MRI. Insurance companies are very reluctant to pay for MRI evaluations so be prepared to partner with legal counsel who is not at the mercy of an insurance adjuster. My hope is that you have a temporary condition which will not lead to a significant financial recovery. If your condition is such that it persists beyond 6 months your case will have greater value depending on your need for surgery as well as your previous history of neck complaints. Make sure you are straightforward with your physician about your medical history before the accident, especially with regard to neck injuries or complaints. The popular wisdom is that if you are hurt you will see a doctor in a timely fashion after leaving the ER. So if you continue to have problems go to a doctor! It is an often used and persuasive argument made by insurance company lawyers that going without seeing a doctor for long periods of time means you must not be injured. At the same time do not over-treat because the mere fact you are involved in a claim raises suspicion about motives when it comes to seeing doctors. Be aware of the statute of limitations in your state because if you need to file suit it must be done within the statute of limitations for torts in your state. As for your car I must tell you that yes your car depreciates because of being in a wreck. As for your rates being increased, much has to do with how the accident happened. If you are not in any way at fault in the cause of the accident your insurance company should not raise your rates but no one can guarantee that.
