How should I handle this car accident?

February 20, 2008 5:22 AM

I was in a car accident on Friday. I have questions about insurance, etc.

I've never been in an accident before. My friend's car was T-boned on the passenger (my) side of the car at relatively low speed. It was hard enough that the passenger side door was not able to be opened.

I went to the hospital yesterday on the advice of friends and learned that my ribs are quite bruised. Apparently (according to the doc), I have a high pain tolerance. I took the advice of the doc and stayed home today, taking Tylenol 3. I have sick pay at work, so I guess that I technically didn't lose any wages. I don't believe that I am seriously injured, just uncomfortable for a while. I am thinking about going to a chiropractor because I find that my posture tends to emulate the position that I was in upon impact: I saw it coming and braced myself. I'm not trying to screw anyone over, just want to know the most prudent path to take...

"Lawyering up" seems a bit extreme for me, as it seems to be soft tissue damage and I am just assuring that I get my expenses reimbursed. Am I being ignorant? I really have no idea here, so any advice is appreciated.

posted by anonymous to law & government (9 comments total)

Well your first mistake would be going to a chiropractor.

The decision to sue or "lawyer up" would be up to you. Are there going to be out of pocket expenses for you that will not be covered by your insurance or that of the person who hit you? If so, it would make sense to get compensated for that.
posted by ruwan at 5:35 AM on February 20

You've been to the doctor. Did you have a copay? If so, you should submit it to the third party's insurance. At the least it will open a file with the insurer.

Your own health insurance (if you have any) may well inquire as to whether this was the result of an accident, and may need the various parties' insurance information so they can recover their costs.

You could also go to the police station in a day or two and get a copy of the police report, and if it doesn't state anything about your injury, you may be able to make a statement to the police about that.

Anything you can to do document a clear link between your (currently minor) injury and the event itself is wise.

I am not a lawyer, etc. and you can usually get a few minutes free on the phone with a local attorney to see what else you should do.
posted by blue_wardrobe at 5:43 AM on February 20

I think lawyering up would depend on the cost of your medical bills.

A lot of people like chiropractors but my advice would be to let your injuries heal. I wouldn't head straight to the chiropractor after an accident that occurred last week. If you are really need therapy, your doctor probably would have prescribed physical therapy.

I was T-boned a couple years ago. I was going about 45 MPH. My SUV flipped four times across a five lane highway. My nine month old baby was in the car with me. None of my doors opened either. That's what happens even if they are mildly dented in. Passerbyers had to bust through the back window to get my baby out. My car was totaled. We were both unharmed. I had some abrasions on my left arm because as the vehicle was flipping myleft arm was hitting asphalt. My baby had some glass on him, and I was a nervous wreck but that is it. I wasn't thinking of suing. I wasn't mad at the lady that hit me. I was so happy to be alive, really. My insurance company was reimbursed by her insurance for the ER visit and the vehicle and all was well. And hopefully your friend will recover the cost of damages to his vehicle. If you are not seriously injured and your medical doctor advised you to take one day off ,and you don't have medical bills, let it go. People make mistakes. One day you might T-bone somebody.
posted by LoriFLA at 5:45 AM on February 20 [2 favorites]

My advice would be to wait a while to see how seriously you are or aren't injured. I've been in two bad accidents, neither my fault. The one left me with neck damage that is still a problem, decades later - didn't even go to the doctor for it, though. The second accident seemed to have just left me with bruises, but I ended up with lasting spinal damage. Make sure you're okay before you write it off. But then, if all you are is bruised, don't sue. I doubt the courts would take you seriously because the injuries weren't severe or permanent. You can ask the driver's insurance company for reimbursement for any lost wages or medical expenses.
posted by clarkstonian at 6:04 AM on February 20

If you are emulating the position you were in when the accident hit, you should get physical therapy at the very least. Did you mention to the doctor about how you seem stuck in that position? Doctors don't think do to much, and western medicine sucks for pain management. Pain? Take a pill. Still pain, let's cut you open! I would say that either going to a reputable chiropractor (meaning they aren't weird, and they do rehab, and the things they are saying makes sense) or a reputable PT is in your best interests. It's not good to be stuck in any position. I do this for a living. Working with insurance that is.

I see a lot of car accidents and the people who don't do their rehab always complain there not getting better. These are the same people that wanted to wait 3-4 months to see how things went. It's stupid, really, really stupid. (I have strong feelings about this.)

PS - DON'T WAIT ON THIS!!!!!!!!!!! It's going to be harder to fix things when they heal the wrong way. Go to a doctor with a clue, please!
posted by Attackpanda at 6:14 AM on February 20

Again, to reiterate -- you don't know how this will affect you IN THE FUTURE. You could have back problems so severe that you can't work, who is going to pay your rent/mortgage?

Even if the other carrier ponies up $5,000, how far does that get you? Another word of advice and you do go legal, never take their first offer.
posted by bprater at 6:15 AM on February 20

IAAL. IANYL.

I was in a similar car accident a few years ago (except I was driving, but it was 100% the other driver's fault) and the personal injury partner at the law firm I was working at handled the claim. He contacted the other driver's insurers fairly early on, and let them know a claim would be made but that it wouldn't be for a few months so we could assess the full extent of the injuries.

Document everything. If you bruise, take pictures at all stages of the bruising. Keep a record of pain, on a 1-10 scale, and what treatment or drugs you take for it. Keep all your bills for everything associated with the injury, no matter how small.

Don't feel guilty about seeing a lawyer on this. You were hurt in an accident that wasn't your fault and you are entitled to be compensated for (a) pain and suffering and (b) quantifiable losses.

However, especially with soft tissue injuries (i.e. no broken bones or obvious internal injuries), it's not always immediately apparent if there's long(er)-term problems, so whilst I endorse what people have said about seeing a doctor immediately, I would say hold off for a couple of months before pursuing any legal claim so you have a clearer picture of the extent of your injuries over the long term. But don't leave it too long or you may find yourself time-barred if there's a Statute of Limitations where you live. There's nothing wrong with a lawyer firing a shot across the other side's bows at this stage so they know a claim is on its way but don't be rushed into anything.
posted by essexjan at 6:45 AM on February 20

Like essexjan said, document everything. If you were to recover at law, it would be for your medical expenses and any other actual expenses, even if you were reimbursed by insurance. The law takes the position that your insurance should not benefit the wrongdoer. Lawyers will take your case for just the promise of a percentage of your recovery.
posted by tonci at 8:23 AM on February 20

Well your first mistake would be going to a chiropractor.

Please stop with the chiropractor prejudice. There's been a lot of it here lately, and it's unnecessary.

Attackpanda's suggestion is, I think, a good one. Try to find a chiro that's not OMG HEALING STONES and seems sensible, or a physical trainer if that makes you uncomfortable. Don't discount that route of healing offhand; it's helped me and many people I know.
posted by Shecky at 11:54 AM on February 20