My car was hit from behind really hard. I was driving a Mercedes 450 GLS 450 and she was driving a dodge charger. I was at a red light minding my business when I felt my entire body jerk forward accompanied by the loud sound of the impact. The next day and days to follow my back and neck pain has been getting worse. I’m 47 so these injuries don’t just go way. My car don’t seem to have as much going on as I currently do. I’m not one to do traditional physical therapy sessions. I like massages, Pilates and other forms of exercise to strengthen my muscles. How can I maximize the settlement to pay for on going support to ensure that I don’t continue to have back pain down the line. How much will the offer me if I don’t opt in to the traditional physical therapy? I don’t want to get a lawyer because they tend to take more than they should and I could really use the money for my ongoing care and the time off work.
Car Accident insurance settlement Advice
byu/Rockstar-Rose inInsurance
Posted by Rockstar-Rose
5 Comments
The only way to maximize a settlement is to get a lawyer. The adjusters that deal with people who don’t have attorneys don’t even have the ability to settle cases for the same high amounts that adjusters do that deal with people who do have lawyers
The way you show you have injuries is by having medical records to back it up. Basically the other side will pay your medical bills and then if there is extra left in the policy there may be an offer for the pain and suffering. But you demonstrate pain and suffering by going through medical treatment. So you unfortunately can’t just say I need massages, unless they are rx’d and through a licensed physical therapist.
As for missed work, how much work did you miss? Do you have a drs note excusing you from work due to the accident?
honestly this isn’t the place where i’d ask this question. these people generally are not attorneys and none of us can advise you over the internet. if you’re hurting, it’s common sense to go to the doctor and follow their advice.
I see you’re in PA. Are you full tort or limited tort on your insurance policy? If limited, you’re going to need to demonstrate serious injury or that the circumstances circumvent the tort threshold (I.e. the other driver was drunk or a commercial vehicle was involved).
Three days post accident is perfectly fine to be sorting out your care. An adjuster isn’t going to ding you for going to a massage therapist three days after without a doctor referral.
PA venues vary wildly. If you’re in Philly your value will be 10x higher than if you’re in Perry County or something very rural.
Best advice is to treat your injury, not the settlement. Your injury and treatment will speak for itself.
Don’t assume you’re not injured. Soft tissue injuries are real and can manifest days or even weeks after an accident, and can linger for months. Get a proper evaluation and treatment plan, and if that includes traditional PT sessions, so be it. I’m not saying you should be trying to bulk up unnecessary medical bills, I’m saying you should go through the trouble of making sure you don’t have more significant injuries, and you should treat whatever injuries you do have accordingly so you minimize ongoing pain and other issues. Massage/manipulation as part of a prescribed PT plan may be appropriate, and even PT sessions that ae Pilates-adjacent may be in order. If you end up needing the services of a PT, work with them to develop an appropriate treatment plan. I’ve rehabbed numerous injuries and my treatments have always been movement/sports focused.
This approach also has the benefit of properly documenting the extent of your injuries and the necessity and type of treatment. This is necessary for any BI adjuster to pay more than a de minimus amount on a BI settlement. And documenting injuries can also support claims for lost wages, pain and suffering, etc.
At this point, you do not need a lawyer, although I’m not saying you shouldn’t get one. It’s your call, but there’s really no need for that yet, and maybe not ever.
File a claim with the at fault driver’s carrier, answer their questions honestly without minimizing your pain and suffering, and be prepared to submit your medical bills and any proof you can muster of lost wages and any additional expenses you incur as a result of the accident. There are lots of potential obstacles to a decent insurance recovery, so you’ll need to lt this play out. At this point, you don’t know if the other driver’s insurance was valid, what limits are available, etc. Unfortunately, this is going to take a while to sort out, and being in a hurry to settle is likely not in your best interests.