Now the pain is subsiding and am starting to think about how much pain and suffering to shoot for... im not trying to get rich but do believe im entitled to some sort of payment for this

I don't want to come off as an inconsiderate asshole here, I just generally feel that unless you are physically disabled in some way and unable to do something that effects your livelihood, compensation should not be sought out. I am in the minority with this I am sure, but I don't see headaches and whiplash as something to seek compensation for. Your chiropractor bills and any medication should be covered, but anything beyond that for pain and suffering? There are many people much worse off than headaches and whiplash (I myself suffer from cluster headaches / migraines daily, so I can relate to a degree), just saying.

Now as for the insurance issue, I believe it is an agreed upon sum between parties. They will undoubtedly give you a number that you will not be happy with (offering the same line of thinking that I provided), but you will counter and work from there. Be prepared to explain to them how your quality of life has suffered. Good luck, car was repaired I assume?

Flame suit on. :redface:

 

Easy now. Minor whiplash case can turn ugly later on.

My father, case in point. Got rear
ended, felt meh afterwards and like crap the day after. He even wanted to brush it off as whiplash. He was diagnosed with cervical dystonia, essentially a form a brain damage. Just recently had to even deal with addictions to all the drugs the docs had him on. He's somewhat better now and not on such a drug cocktail (still enjoys some sticky icky when we visit tho), but not the same ol pop. Shittiest thing is he just retired less than a year before the accident, and it's been 9 years since that accident. He still can't drive and cannot turn his head without moving his entire body. Lots of pain and it'll never go away. Therapy is the best he can get right now. The mayo docs are even giving up and just medicating now. it's been a huge battle for my parents and insurance and disability and all. They have been footing most of the bill themselves, bullshit. He was just out driving.

Sorry I also don't want to dump sad stories here. And my dad was also 51 and a lifetime smoker, not overweight or in bad health. Not sure how much any of that plays into this. But don't take these things lightly, and you are due compensation for pain and suffering. Had they not caused an accident, then this wouldn't be an issue for you.

 

Easy now. Minor whiplash case can turn ugly later on.

My father, case in point. Got rear
ended, felt meh afterwards and like crap the day after. He even wanted to brush it off as whiplash. He was diagnosed with cervical dystonia, essentially a form a brain damage. Just recently had to even deal with addictions to all the drugs the docs had him on. He's somewhat better now and not on such a drug cocktail (still enjoys some sticky icky when we visit tho), but not the same ol pop. Shittiest thing is he just retired less than a year before the accident, and it's been 9 years since that accident. He still can't drive and cannot turn his head without moving his entire body. Lots of pain and it'll never go away. Therapy is the best he can get right now. The mayo docs are even giving up and just medicating now. it's been a huge battle for my parents and insurance and disability and all. They have been footing most of the bill themselves, bullshit. He was just out driving.

Sorry I also don't want to dump sad stories here. And my dad was also 51 and a lifetime smoker, not overweight or in bad health. Not sure how much any of that plays into this. But don't take these things lightly, and you are due compensation for pain and suffering. Had they not caused an accident, then this wouldn't be an issue for you.

Sorry to hear your story, but trust me I deal with this daily. Working in a PT office I see people come in post accident daily claiming whiplash trying to get us to sign off for their insurance and ext. I am not saying real injuries don't occur, but this is a risk we all take when operating a vehicle, and with so many people crying wolf raising insurance rates with less than serious (our way of saying phony or simply minor injuries) injuries, you can never be too sure, and insurance company surely wont when faced to pay out $$$$.

Is the OP in serious pain? I don't know because I am not there working with them, but I am simply saying there are much more serious injuries (such as your fathers) that compensation is meant to deal with. OP, depending on your situation with insurance companies, the things I am bringing up are child's play to how they will make you seem like a defendant on trial for a crime. Some insurance companies can really relate to injuries such as these and ask few questions, others are out to scare you into a low settlement.

Like I said, good luck to you, hopefully the pain subsides in a few days and you are all good to go as normal.

EDIT -

I believe people should be compansated for these inconveniences. The problem lies with those who abuse this and think its worth 10s of thousands for a more minor accident.

This is what I was really getting at here, glad you understand.

 

I agree with both points guys.

Thats why i ask. Im not trying to make a quick buck as it is "just whiplash"

My point would be had this lady been paying more attention i would not even have whiplash nore headaches.

Plus i have been out of work due to this which cuased a whole other bag of headaches seeing how i had just come off a 2quick week vacation that used up all my pto and now my employer isnt happy about this time off cuasing me to have to utilize the fmla which was a bit of a hassle playing phone tag and getting doctors notes and so on

I believe people should be compansated for these inconveniences. The problem lies with those who abuse this and think its worth 10s of thousands for a more minor accident.

Then on the other hand what issue could this cuase for me down the road? Chiropractor does not invision this being any longer then maby another month or two. But like rabbit said... so

This is why i ask. I dont want to take advantage of the insurance company but do want to be fairly compensated for the time and stress and pain i have and will be dealing with at least for the next few weeks.

They have already accepted liability and told me they will pay all medical bills and lost wages and of coarse repair my car. Car is still at the shop now getting fixed.

 

I personally say fuck the system and milk it for what its worth. Lawyer up, and i mean with a GOOD lawyer and get the money you deserve.

I got rear ended over summer, i was perfectly fine, BUT i pay for insurance and it ruined my summer.

So idc what anyone says if youre gonna run into me because your not paying attention and ruin my summer i deserve every penny. Im not going to shrug it off. I will let you guys know what i get when my lawyer finishes settling.

 

I personally say fuck the system and milk it for what its worth. Lawyer up, and i mean with a GOOD lawyer and get the money you deserve.

I got rear ended over summer, i was perfectly fine, BUT i pay for insurance and it ruined my summer.

So idc what anyone says if youre gonna run into me because your not paying attention and ruin my summer i deserve every penny. Im not going to shrug it off. I will let you guys know what i get when my lawyer finishes settling.

Well, I hope you NEVER complain about your insurance rates then.

Just had a conversation with my insurance agent about this. She said and I quote "NEVER rear end anyone, they are just out to suck money". Then she went into detail about 3 claims that are in process where the people are trying to get 100k+ where their cars had under 5k in damage and were driven from the scene.

One even where a car hit another car, which hit a car in front of them. The car in the middle ISN'T sewing, and the one that was hit by the one in the middle is. For over 150k, and had under 3k in damage.

People being sew happy is why rates go up.

Just my .02. Get what you deserve (dr bills, time lost at work, repairs, etc) but don't go overboard.

 

Not going over board i expect no more than $5k. And as a college student $5k is alot to me

 

Read up fan boy. When you get into an accident because a person is to busy texting while driving you will understand.

I dont look at it as the injurys i received.

I look at it as the injurys i COULD HAVE RECEIVED

too many shitty drivers. every day i thank god im not in an accident that paralyzes me or kills me everytime i get in a car.

 

I agree in a way that its the point that makes you want the money. But the person that hit you isnt loosing a penny other then maby there premiums going up. I just wish there was a way of punishing the driver them self for being reckless.

I wont money for the time that i have lost. I cant drive my self to doctors appointments due to the meds the doctors have me on, i have not been able to enjoy spending time with my friends or my in laws. The pain in my neck with out meds is as bad or worse then the few times i have had kidney stones

Im not milking it in anyway. I even tried to work the first week after the crash but it made it worse..

5k is more then i was thinking

The whole point of this thread was to figure out how i would base a claim for reasonable pain and suffering with out milking it or asking for more then a fair compensation

 

mike9000aero - do not listen to anyone trying to stop you from getting what you deserve, especially since you have been injured and you have no idea what will surface in the weeks, months, or even years to come. You could end up with a cervical spinal injury and require surgery that ends up severely limiting your mobility and capabilities.

I say this from direct experience having spent 6 months in recovery at Walter Reed from a lumbar/nerve injury in Iraq that has left me with a permanent nerve damage/numbness in my left leg and life changing activities to preserve a semi-active lifestyle. I am rated by the VA for disability and feel that I deserve every last bit of it for what has happened to me in the service of my country.

In your case, you deserve whatever settlement you can get for a decent claim. Do not take any chance at the numbers, but get a lawyer who is willing to go the distance for you. It would be one thing if nothing quite happened. But if you woke up with the symptoms like you have, you have a lasting injury from the accident. $5k is nothing... you can get 10 times that much because of the doctor visits, medications, therapies, possible aids/devices, and lost work time and travel.

Aikmanson - I'm sure you see all kinds of fraud, waste, and abuse... I do all of the time. I see guys making claims that end up giving them all sorts of disability payments for life (things like sleep apnea, PTSD...). But they aren't actual physical injuries like the OP has. So no offense, but shame on you for even trying to suggest that he not make a claim when he has an obvious injury that is a direct result of the accident.

 

My observations in life:

Your "inconvenience" has basically no value until you experience a loss. For example: If you can't drive due to meds, call a cab or similar and PAY for the ride, saving the receipt.

The insurance company will cut you a check to eliminate the possibility of future claims. People might think that's it's compensation for "pain and suffering" but an insurance company obviously doesn't give a shit about you.

It's most likely a highly-analyzed figure representing the Net Present Value of the average lifetime claims for people like you with injuries/ symptoms like yours.

That said, get medical opinions about your condition and how likely it is to affect you in the future. You might be young enough to still think you're "invincible," but understand that all of those little injuries can come back to haunt you. Ask me how I know, lol.

Good luck!

 

That said, get medical opinions about your condition and how likely it is to affect you in the future. You might be young enough to still think you're "invincible," but understand that all of those little injuries can come back to haunt you. Ask me how I know, lol.

Good luck!

This. Injuries that seem minor can be permanent. I still have a 4-inch scar and keloid on the back of my shoulder from being rear-ended by a car while cycling. When I flipped onto the hood of the car, I landed by the side of the road...on a fire ant mound. So right around the big scar, my shoulder is peppered with little reminders of the ant bites.

This was in 1988.

I was stupid and only accepted an insurance check for $700 to replace my bike. In hindsight, I should have held out for much more.

 

My fiancé is an injury rep with Progressive, so I'm gonna tell you how it works with that particular insurance company.

If you are injured, you are going to be offered an injury settlement of some kind for your "inconvenience". For simple whiplash, no lost time for work, no visit to the hospital, they'll usually offer you $500, and depending on the rep, you won't have to ask for it, they'll offer it to you first. As your "inconvenience" increases (and the severity of your injuries) the offer increases.

Important things to know:
- This is free money. It's not to cover your bills, it's not to pay for meds, or for lost time for work. This is just extra money to say, "shit, we're sorry our insured is a moron." So don't be greedy.

- This whole process seems literally ripped straight off an episode of Pawn Stars. They always have a range, and they will always look at your injuries, damage to your car, medical expenses incurred (they'll ask for copies of your medical records), then use a chart to set a payout range, and your rep will start at the bottom.

- Again this is not money to cover your med bills, those should already be covered in the claim.

Knowing that they're offering you the low end of the range, if you want more money, you can say that, "Wow, yeah, $1000 is a lot, but I think my injury is worth more than that.". Be nice, be respectful, make the rep like you. They deal with shit customers who yell and swear at them every day, if you make their day, they'll be more willing to make yours. You act like an asshole, and the likelyhood of them throwing you a bone will drop exponentially.

If you think your claim is worth more than they're offering (protip: ALWAYS think that, remember they have a range.) just say so, but offer a reason why, "I have headaches, I was at work but my performance suffered." also, tell them what You think it's worth. If thry're offering $1000, say you think it's worth $3000. Now the rep will say, "Well, ok, I can go as high as $1200." No way, "I missed my nieces 3rd grade school play. I really think it's worth $3000". They might offer you $1500 at this point. I swear, Pawn Stars.

It's gonna take time, emails, phone tag, a couple days of negotiating. The most important part is to recognize when they've gotten to the upper end of their range. Mission accomplished, settle, and buy yourself something nice with the extra cash you've got in the bank now.

 

A few years back my daughter was involved in a roll over accident where she was a passanger. She needed to be taken to the ER by ambulance and had 10 stitches in her wrist. All the bills were paid by the driver insurance with no questions asked and they were VERY pleasant to deal with. The cut on her wrist left a very nasty scar that made her look like a wrist cutter/psyco and she was very ashamed of it. We asked the insurance company about paying to get help on it and they payed to have the scar cut out and restitched by a plastic surgen. At this point we were satisfied with the results and thought we were done, just hadn't signed off yet. About a month later we received a letter from the insurance company wanting to send another check for for 13k for pain and suffering. We told them it was not nessesary as the little bit of scaring will teach her a lesson. They insisted on some type of settelment, we settled for 10k and she has not been able to get her hands on the money still. We made her put it in a long term CD with our name and hers on it.