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Please offer some advice: I got rear-ended and got whiplash/backpain - Click HERE for Original Thread

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".



:thumbsup: 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. :rolleyes:
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



:werd:

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:dunno:
BlackArcher101
Oh, and another thing.... adjust your headrest next time!
It was either too low or too far back.
bangminton
Thanks guys and gals for your input once again

There are some new developments regarding this case

I went to get an X-ray done today and the technologist will forward a copy of the films to my doctor. I also spent $60 for some pills and I certainly don't think i should be paying for that

I went to the body shop after and the guy gave me an estimate of $1,400. I was like whoa, i don't think the cop was a car expert but I didn't know it's quite far off like that

So now I have to go the police station again with a copy of the estimate in hand since it's > $1K and with personal injury, it's reportable

I guess i've done my part and the rest should be in the other party's hand...

To BlackArcher: I have no intention of suing the guy (that might be too strong of a word here) but things just keep rolling and i guess i have to follow the due process. I certainly appreciate him giving all the proper information but you know what it all comes down to obeying and following basic road rules, he told me he was distracted by something on the sidestreet! None of this hassle would have happened then!

I'll keep you guys informed, I don't think anything new will happen until Monday when I call the claims examiner with details about the injury and the body shop estimate
CokerRat
This is exactly why payouts for soft tissue injuries (whiplash) are being capped in some provinces. Since no doctor can ever prove or disprove the injury, you are essentially going to get money if you say you're injured. Some people are legitimately hurt and others get paid for faking. I know a friend who, in his younger and stupider days, exaggerated his injury to cash in.

While nobody here knows whether or not the thread starter is telling the truth or just fishing for cash, $800 of damage on a modern car causing significant injury smells awfully fishy.

Second, anybody who thinks people are wrong to question the story must be very satisfied with their insurance premiums.

bangminton, if you are indeed hurt (more than just a sore neck for a day), I hope you get what you deserve. If you're milking the system for an easy few grand, well, I still hope you get what you deserve.
bangminton
Coker, that's why one of my original question was: Is this capped at $4K in Ontario ?

I guess I'll let the X-rays tell the story and the damage is not $800 anymore, that's from a cop's viewpoint but the body shop gave me $1,400 and i will have to go with the experts here

Like i said in my original thread, this is new territory for me...i don't even know if i'm entitled to any compensation so I'm taking it slowly and following all due process. Now I know why our neighbours down south are so litigation-happy :(
GTS Jeff
Originally posted by 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.

Replace "ignorant" with "arrogant" and you'll be on the right track. :thumbsup:

FiveFreshFish
Originally posted by bangminton
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 thought the $1000 limit applies to the TOTAL damages, meaning your car and the guy who hit you. Wouldn't the cop have to have seen the other car?

Not that it matters now since your damages have now been determined to be $1400.

D. Dub
Quote
Originally posted by 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.



Originally posted by GTS Jeff
Replace "ignorant" with "arrogant" and you'll be on the right track. :thumbsup:



damn I wish I would have said that rather than just thinking it.

D. Dub
Originally posted by 32V-V8

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



Umm.........

wouldn't he be dead if he was seeing an M.E. ?!?!?!:tongue:

CokerRat
bangminton, sorry, I don't know if they are capped in Ontario or what the cap is. Your insurance company would probably know.
GotRice?
Didn't want to start a new thread, but I was involved in an accident on deerfoot during the wintertime. Lady lost control of her vehicle when she was merging onto deerfoot and completely lost control. I was unable to avoid her while she spun a couple times and travelled across three lanes of traffic and struck my vehicle while she was facing oncoming traffic, launching me sideways quite a distance.

Thankfully both walked away okay and I have been seeing a chiropractor. 14k damages on my vehicle if that makes any difference. I missed a couple days of work and I've used up the 10 sessions they gave me for the accident and paid for some more out of pocket.

The lady's insurance provider contacted me and asked for my permission for my AB forms from my medical provider. I am just curious as to whether or not I should bother with an injury lawyer due to small $ amount of this claim. Still waiting for the settlement offer from the insurance provider. This is the first time this has happened to me and not sure how to proceed. Any suggestions would be appreciated.

Thanks
shakalaka
What was the extent of your injuries? Anything broken? Any TMJ issues?
KRyn
Originally posted by 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. :rolleyes:




Best bro, we can't all commute in Porsches worth many monies. It is possible that eighty thousand pennies in damage has written off his car.

benyl
Thread is over 9 years old. Start a new one.



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