Soft Tissue Injury After Rear-End Accident

[namjagee]

My question involves an injury that occurred in the state of: Southern California.

I don't want to put exact details because i don't want this to come back to me.

Damage to car over $7000. Car could year old lexus.

I'm just worried because everyone is saying soft tissue injury is not a real injury and insuance companies don't pay out.
Been seeing a chiropractor. Bill is around 2000. Treatment about 1.5 months.

I didn't know california law. I claimed collision with my own insurance. I opened a case with my insurance for med pay, but i read the clause where it says i had to pay back my own insurance company which i didn't understand y i would pay back my own insurance. So I looked into the types of coverage. Collision is in subrogation as my car has been already paid for deductible still out of pocket. I don't know if i should just claim medpay with my insurance or bodily injury with the at fault insurance. A part of me wants to just claim with my own insurance, but another part of me is to claim injury with the other company because I want someone representing me. What mean is i would like some "pain and suffering" Not trying to be greedy, but i just want under the law whats entitled to me. I find that although my neck is feeling much better. I am starting to have headaches...maybe stressing ove this matter, havn't been getting much sleep. If it's nothing serious great, but if it turns to be bad...then I won't have any money to get any medical care. I'd rather much trade any pain and suffering amount for the clause that i could go get treatment within the typical 2 year period of an injury may surface related to the accident. If i go to small claims I will get only 500. I don't know if a lawyer would actually take a case for 3x 2000 =6000 . Typical case =10000 if it goes to trial. I wish I could separate the collision and injury so I could go to small claims..

Anyways I was completely stopped at an intersection when a truck rear ended me. He was on his cell phone probaby he'd deny if things were to go to court.

So what to do i claim with my insurance? or the 3rd party who's liable? I want to get pain and suffering just incase something does go wrong. At what speed does the styrofoam on a bumper break? I'm concerned that the insurance company will claim low impact as a defense. Which I don't beleve to be the case.

[Mr. Knowitall]

If you want to claim coverage for your medical treatment with your own insurance, and you have coverage, make the claim. Yes, it's possible that they would want to subrogate against your recovery for injuries from the at-fault party.

If you want to try to make a claim for 'pain and suffering' with the other driver's insurance, make the claim.

I doubt that the case will be of much interest to a lawyer if you're claiming a nebulous "soft tissue injury", never diagnosed or treated by anybody but a chiropractor, and stopped all treatment after six weeks of chiropractic adjustments; but the phone books is full of personal injury lawyers, so if you want representation start calling law offices.

[namjagee]

Well I havn't completed treatement yet... I still have a bit of a kink in my neck when i tilt my head back and a headache that is tolerable, but won't go away, I'm just worried..that my bills my might rack up higher and they will not pay the medicals bills, and if i claim with my insurance then the at fault party's insurance might put pressure on my insurance to get me to sign a release from the other partys insurance...since i am still in treatment..I would like to get my deductible back which is in hostage by the other insurance...If could separate the collision part from the medical part then maybe I could take it to small claims and at least get medical payments. If I can't separate the two then what do I do? get 500 bucks for medical payments that maybe in the thousands? This is like the case where lawyer probably wouldn't take the case because litigation i read is in the 10,000 - 15,000 (no profit for lawyers)

[namjagee]

The other party's is asking for my medical authorization. What is a reasonable time period that they should be allowed to look at records? 1 year 5 years 10 years? lifetime? I feel that my rights has been violated due to the fact they took my social security number over the phone. I asked what they needed the my number for and they said thye needed it to file a claim. Then I find in forums all they use it for is to snoop around. It's not like I have something to hide, but tactics used is ****ed up. And also I get this letter that says provide proof i had liabilty insurance at the date of the accident? wtf? I thought my insurance company already called them and they already verified insurance. Doesn't make sense. I only called them because i received a letter from my insurance company to contact the other insurance company for any other claims i may be entitled to. I have not made contact with the other company so I thought they may not know i was injured. The only reason I called them and now I find out that although they had no contact with me whatsoever they knew more about me and i was already injured, they even knew where i was currently getting treated.. Also, what is this about determining liabilty? When they already claimed liability? What kind of bullshit is this?

Is this another tactic? Just to delay? to prevent payout? They already know more information as to I never spoke with them, but now they want to know if i have insurance?

Oh sorry about this, I would like to add..is there a time frame i need to send replys to this letter? I feel that all they need this information is to get more ammunition for their files. Is there any recourse I can make in a letter saying telling them not to use my ssn except for official use to claim a file? And can i file a lawsuit if evidence comes up that they used it for other purposes if something comes up that they used my ssn to gather evidence against me on this case for settlement? I don't feel like sending them anymore information till at least my treatment is concluded...So what i'm wondering is there a deadline to me sending replys to these letters, I don't want them to say well u didn't send the letters in a timely fashion and hurt my case.

i feel like going over there in person and saying **** you.