Expert: Doctor Settlement - 7/31/2006

Question
My car was recently totalled in a rear-end collision.  My boyfriend and I are experiencing a great deal of emotional distress over the situation: dealing with the insurance company, looking for another car, getting medical care for my him (he was the driver and had soft-tissue damage; I, the passenger, had no physical injuries), and the nagging fear of getting hit again every time we drive somewhere.  Both of us would like to seek some kind of stress-management counseling.  Can we expect the insurance to pay for this, as it is entirely related to the accident?    

Thanks for your help.  

Answer
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Effective communication with insurance claims adjusters




Dear Rachael,

There is a lot of stress and anxiety produced by every accident, and we do NOT allow those in every accident to be either treated or compensated for three of the kinds of stress you mentioned:

•   dealing with the insurance company
•   looking for another car
•   getting medical care for my him.

However, as to the fourth kind of stress, "the nagging fear of getting hit again every time we drive somewhere", it is possible to get treatment paid for by your insurance.  If this turns out to be a full blown emotional distress case, then that can also be compensable by the tortfeasor's insurance.

But to start out in treatment, it could be difficult to convince the tortfeasor's adjuster to authorize treatment.  It is better if you use your own health insurance or your automobile insurance, and you should BOTH start it out as a visit for soft tissue injury, with the emotional stress being an overlay.  That way, you will stand a better chance of getting your psychological treatments covered.

I would open a claims for BOTH OF YOU under your own medical insurance or automobile PIP or MedPay coverage and seek medical help for soft tissue injuries (primarily) AND THE FEAR OF DRIVING.  Remember, since you are NOT ENTITLED to medical help for all of the other things you mentioned ("emotional distress over the situation: dealing with the insurance company, looking for another car, getting medical care for my him"), do not make a big deal of these inasmuch as it will be perceived as whining.  That kind of stress just goes with the territory and mentioning it will undermine your soft tissue injury claims.

And, by the way, YOU, too, WERE INJURED.  It is just too soon to notice the nagging pains you will have once you stress your body with physical activity.  It is impossible to be involved in a car wreck that ends up with a totaled car and not have sufficient trauma to induce some kind of soft tissue injury.

I am a little worried that anyone with THAT MUCH PROPERTY DAMAGE inside the car likely sustained some pretty good trauma, and soft tissue injuries have a way of coming back to haunt you later when you start to get active in this summer season.  

There may be a dull ache at night following some physical activity or pain the next morning.  DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY.  We all hope and believe that such little pains will disappear soon.  But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.  

How do I know this, since I am a J.D. doctor, not a D.C. of M.D.?  Well. . . .  twenty-nine odd years of doing this business and coming across hundreds of cases like yours gives me some basis to ask you to consider waiting for settlement because the trauma necessary to make substantial damage on a vehicle will also impact the bodies of all occupants.

So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION.  It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm

I am also worried that the insurance adjuster will just offer a small sum "for your inconvenience and any aches and pains you might have."  DON’T TAKE THEIR MONEY TOO SOON.  

And, of course, once you settle, that is it: no one will be there to pay for your future medical or chiropractic care; nor will you ever see another dime in pain and suffering money.  By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters?  Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm

Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm

According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm

Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm

"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm

Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member.  Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm

Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm

FINAL TOPIC: Effective communication with insurance claims adjusters.  Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm

Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more.   Always have your information and ammunition in writing to give to the adjuster.

Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.

Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com