Please offer some advice: I got rear-ended and got whiplash/backpain

[bangminton]

Just came on board today folks, i did some search on whiplash in the archives but with respect to my case here we go

Well, to make the long story short, i was rear-ended yesterday and so far this is what I have done

1. Written down all info of the guy who rear-ended me as well as that of another witness

2. Contacted my insurance company about all the details and they say they will contact the other guy's insurance company and will send out a benefits form for me to fill out

3. Went to see my doctor today and he told me I got whiplash on the neck (it didn't feel hurt after the collision but it's been getting more and more painful now) and *lumber strength* on my lower back, basically it's quite sore

4. Went to the police station after the accident intending to file a report but the cop looked at the damage on my car and he estimated it to be less than $1K so they won't get involved (he estimated it to be around $800)

I intend to do the following tomorrow or ASAP

1. Go to get an X-ray on my neck (from my doctor's recommendation) and go to the police station to file a personal injury report (with all of the doc's notes) to get more solid proof

2. Bring the car into the insurance's preferred shop to get a good estimate on the damage

My questions for you folks would be

1. Should i take some time off work now so that I can build a more solid case with respect to compensation for pain and suffering ? The thing is this is the first time that i've ever been involved in any type of accident so I don't know how long it would take to get the compensation, if at all, and i may not be receving my regular work paycheques for a while if I take some time off

2. Should I hire a lawyer for this scenario and if so how much you think I may have to pay ? I mean like if the legal fees are more than the compensation then...

3. Is there anything else that I should do from this point on ? I know the car will be fixed in terms of the physical damage but what i'm more concerned about is my own physical pain

4. I guess i have to tread lightly with the insurance company too, maybe they will offer me some $$ but how do I know it's what i'm entitled to or not ? I've heard the cap on personal injury for insurance-related matters is $4K in Ontario, is that true ?

Thanks folks in advance, it's not something we expect to happen but it did and now i'm just trying to piece together info and whatnot

[t-im]

Originally posted by bangminton


My questions for you folks would be

1. Should i take some time off work now so that I can build a more solid case with respect to compensation for pain and suffering ? The thing is this is the first time that i've ever been involved in any type of accident so I don't know how long it would take to get the compensation, if at all, and i may not be receving my regular work paycheques for a while if I take some time off

2. Should I hire a lawyer for this scenario and if so how much you think I may have to pay ? I mean like if the legal fees are more than the compensation then...

I don't see why you would take time off work unless you were compltely injured. I'm sure having the proper documents from a doctor will be good enough.

I don't think you would need a lawyer if everything runs smoothly and in your favor.

[bangminton]

Thanks t-im for your input

That's what i was thinking: I need $$ now so i can't afford to miss any days off work but if it's too painful i would have no choice but to stay home

I'll get all the proper documents and follow the procedures and the rest will hopefully unfold the way it should be

[max_boost]

Take time off of work for an $800 accident? I'm sorry man but I don't know how hurt you can be. I wrote off my car, $25K+ in damages, nothing I am proud of, I went straight to work the next day. Sounds like you are just trying to get $$$$ out of this.

To answer your questions, get the medical documentation, talk to your insurance, they will outline what your options are. Generally there is a claim procedure you have to go through, again your agent will tell you all about this.

You can call a lawyer, I heard the fees are based on the damages awarded i.e. 35% of the payout.

[Weapon_R]

You sound like you're playing with fire here. As harsh as it sounds, my drivers side mirror was hit and it was estimated at close to that for a replacement. Meaning that $800 is NOT a hit where you could even fathom claiming "pain and suffering".

Insurance companies are getting tired of false claims. They do have fraud divisions that will find out whether you are truly hurt. I'm not saying that you aren't hurt, but think about your claim VERY carefully before you decide to file this.

To answer your question, you need to go to a doctor immediately and have him/her file an injury report. You need to go to therapy, where they will assess your injury and treat it. You need to document everything. Lawyer fees float around 30-35% of the damages awarded.

[D. Dub]

Originally posted by Weapon_R
[B]

As harsh as it sounds, my drivers side mirror was hit and it was estimated at close to that for a replacement. Meaning that $800 is NOT a hit where you could even fathom claiming "pain and suffering".

that sounds about right to me.

[D. Dub]

Originally posted by bangminton
Just came on board today folks, i did some search on whiplash in the archives but with respect to my case here we go

Well, to make the long story short, i was rear-ended yesterday and so far this is what I have done


My questions for you folks would be

Thanks folks in advance, it's not something we expect to happen but it did and now i'm just trying to piece together info and whatnot

How about just being honest and seeing what happens?!?!?!

[bangminton]

Fellas, appreciate your input

Like i told you guys, this is the first time that i'm involved in an accident of any sort so naturally there are lots of questions to be answered

I won't get into bickering back and forth about the $$ issue because I don't even know if I'm entitled to any that's why i'm here for some ideas and advice and potentially a lawyer if needs be but i do feel i have a right to inquire eh ?

Thanks again fellas and I'll keep you guys updated as the case progresses

[32V-V8]

I have done numerous case studies on mechanisms behind automobile related injuries and there is no correlation between the dollar figure in vehicular damages and a persons physical damages. I have also autopsied a woman involved in a 15 mile per hour head on collision with a motorcycle whose car had about a 7 inch by 10 inch dent in her front right bumper. The motorcyclist got away scot free.

I f you are truly in pain, see an me as soon as posible and document everything.

[SteveMo600]

Best advice would be to just be completely truthful and document everything possible. Sounds like you're not too worried about the $$ and you sound like you're a pretty truthful guy. Just go to the doctors and get a bunch of opinions. If it ends up that they believe you need treatment and you get some compensation then great. But if not then I'm sure the back pain isn't going to hinder your lifestyle dramatically. Don't screw the system, just receive whatever others feel you deserve.

[max_boost]

$800 and you want to get compensated?

Jeez you can't be that injured. I really hope you will be truthful because it is claims such as this that make our premiums higher.

I was rear-ended in August with $17K in damage. And yes i was in a lot of pain. I took a month and a half off, I still feel sore every morning. But for $800 damage? Did you just get your paint scuffed off your bumper?

*RSeXy*

[32V-V8]

Wow, where do people get the idea that the amount of money in damage to the car has any relation to bodily harm caused by the accident? I must be ignorant.

[max_boost]

^^

My bad, the car could be a complete POS and maybe only worth a thousand or so....so could be a write-off. I guess its all relative.

[BlackArcher101]

bangminton.... just keep in mind that you are going to be screwing over the other guy horribly.

I was in an at-fault accident a few years back, and the other driver decided to fake whiplash. I couldn't prove he was faking and he successfully sued my insurance company for injuries. Because of that I paid $5000 extra in my rates after that.

If you don't need to be compensated for lost work wages or medical bills, please don't sue. The other driver doesn't need the extra pain on top of paying for the accident.

I'm not sure how it works in Ontario, but here in Alberta I think there are injury claim lawyers (or adjusters?) that work for the insurance companies themselves. They do all the bargaining and you sit back.

[Weapon_R]

Whether we agree with the damages or not, I encourage you to get a doctors report and seek legal advice. If the injury is truly warranted, you will receive compensation if you seek legal advice. Ultimately, a car forum is not necessarily the best place to seek advice, as we are all partial to the increase in insurance premiums that all of us have to pay for fraudulent claims.

Common sense dictates that a $500 dollar claim will less likely have anyone claim injuries as opposed to a $5000 dollar claim.

Of course, with that said, keep in mind that insurance companies have a team of lawyers that are working for them, and they will come at you with what most of us have said here. And they will prosecute fraudulent claims.

[Melinda]

Damage to your car has nothing to do with your injuries. My mom was stopped at a light and there was a collision in the intersection. One of the cars hit my mom and left next to no damage on her car. But because she saw it coming and tensed up, she tore her bicep muscle right from its attachment point at the shoulder, wound up with time off work, having to quit several hobbies, all sorts of physical therapy, trigger point injections for a long time before they finally had to do surgery. Seven years later, she got her injury compensation with the insurance idiots using the lack of damage against my mom saying that she should have sustained no injuries at all. It was the other guy's insurance company's doc who was the one the concluded that the accident was indeed the cause of the injury so their "no damage to the car" argument was futile.

Good luck with everything man, I've had bad whiplash and it hurts like crazy for a long time. Hopefully yours isnt too bad, just go on living life like you were (to the best of your injuries) and be honest with your lawyer/insurance company and they'll help you get it all sorted out

[69cougar]

Originally posted by max_boost
Take time off of work for an $800 accident? I'm sorry man but I don't know how hurt you can be. I

[streetarab]

WOOOOOOOAAAAAHHH...............

4. Went to the police station after the accident intending to file a report but the cop looked at the damage on my car and he estimated it to be less than $1K so they won't get involved (he estimated it to be around $800)

get an actual estimate, what the hell does the cop know? all you people say wtf, its only 800 in damages, but thats only what the cop said

[Singel]

You could get rear ended pretty freaking hard and only have $800 in damage. If it's straight on bumper to bumper you can get a good jolt with only a little damage

[BlackArcher101]

Oh, and another thing.... adjust your headrest next time!
It was either too low or too far back.