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  1. #1
    Join Date
    Sep 2012
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    12

    Default How to Make a Whiplash Claim

    My question involves an injury that occurred in the state of: Texas

    Nearly 1 year ago I was involved in an accident. I was found not liable, and the other driver did have insurance.

    I suffer from whiplash, and have been seeing my physician for a year now, ultimately to little effect. Treatments so far have been of the chiropractic nature, but since the pain remains I will be seeking other types of treatment or diagnoses.


    1) I have been paying for all bills out of pocket, and keeping records. Is this advisable?

    2) I see there is a 2 year statute of limitations on personal injury claims in TX. This means that I must settle the claim with the insurance company before the two-year mark, even if I am still getting treated, correct?

    3) Should I postpone settlement as long as possible, given the fact that I am still in pain and seeking other options for treatment?

    4) Would it be generally advisable for me to hire a lawyer for this process? If so, would a "small firm" lawyer or billboard-cheesey-slogan auto lawyer be the best bet?


    Thank you guys!

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,656

    Default Re: Howw to Make a Whiplash Claim

    You should talk to your chiropractor and have him recommend an attorney to you.

    I'm not sure why you are paying the bills?

    When was the last time you talked to your insurance adjuster or the adjuster for the other party?

    What is the other party's policy limit?

    what is your UM limit?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3
    Join Date
    Sep 2012
    Posts
    12

    Default Re: Howw to Make a Whiplash Claim

    I'm not sure why you are paying the bills?
    I don't know. Other party adjuster said they would reimburse later. It has only been about a grand thorughout the year, so unless I need an MRI or something I don't think it is a problem for me.

    When was the last time you talked to your insurance adjuster or the adjuster for the other party?

    What is the other party's policy limit?
    I talked to them a long time ago. Other party adjuster told me to call back when I'm done with treatment.

    I don't know their policy limit.

    what is your UM limit?
    I'm not sure. Does this matter? We were both insured.


    Thank you!

  4. #4
    Join Date
    Dec 2008
    Posts
    627

    Default Re: Howw to Make a Whiplash Claim

    Quote Quoting Rear Naked
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    I'm not sure. Does this matter? We were both insured.

    Thank you!
    You UM covers your losses when the insurance limit from the other driver is reached. So if the other driver had a limit of $25k and your expenses run $50k your UM coverage should pay for the outstanding $25k. That's why you were asked about your UM coverage.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Howw to Make a Whiplash Claim

    Quote Quoting Rear Naked
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    I suffer from whiplash, and have been seeing my physician for a year now, ultimately to little effect. Treatments so far have been of the chiropractic nature, but since the pain remains I will be seeking other types of treatment or diagnoses.
    You say "[I] have been seeing my physician for a year" and then claim "Treatments so far have been of the chiropractic nature". Are you in fact seeing a physician, or are you limiting your diagnosis and treatment to a chiropractor?

    If you are seeing a physician what diagnostic imaging studies have been conducted, what is your diagnosis and prognosis, and what is your physician's assessment for why you are not recovering from your injury? A soft tissue injury should resolve much more quickly than you describe.

    Is your chiropractor merely doing chiropractic adjustments, or are you also receiving physical therapy? Are you on a home exercise program? Are you compliant?

    On the positive side, if you go to a chiropractor once or twice a week, odds are the chiropractor has documented your condition and complaints at each visit such that you can show a continuation of symptoms from the time of the accident. On the negative side, chiropractic care is viewed skeptically by insurance companies.
    Quote Quoting Rear Naked
    1) I have been paying for all bills out of pocket, and keeping records. Is this advisable?
    Somebody has to pay the bills.... Have you attempted to have the bills paid by insurance, yours or the at-fault driver's? If you want to make a claim for the amount you've paid then, yes, it makes sense to keep records. Odds are your chiropractor (and physician, if you in fact are seeing one) can provide an accounting, if needed.
    Quote Quoting Rear Naked
    2) I see there is a 2 year statute of limitations on personal injury claims in TX. This means that I must settle the claim with the insurance company before the two-year mark, even if I am still getting treated, correct?
    If you neither settle nor take sufficient steps to commence a legal action within the limitations period, your cause of action will expire and the insurance company will decline to compensate you. In some states it's sufficient to file a complaint by the time the statute of limitations runs; others also require a diligent effort to serve the complaint.
    Quote Quoting Rear Naked
    3) Should I postpone settlement as long as possible, given the fact that I am still in pain and seeking other options for treatment?
    That's something best decided in consultation with your care providers, and (if you retain a lawyer) the lawyer you retain to handle your case.
    Quote Quoting Rear Naked
    4) Would it be generally advisable for me to hire a lawyer for this process? If so, would a "small firm" lawyer or billboard-cheesey-slogan auto lawyer be the best bet?
    We don't know enough at this point to tell you if your case would interest a law firm. Your best approach is to interview several lawyers and pick the one you believe you can best work with.

  6. #6
    Join Date
    Sep 2012
    Posts
    12

    Default Re: Howw to Make a Whiplash Claim

    You say "[I] have been seeing my physician for a year" and then claim "Treatments so far have been of the chiropractic nature". Are you in fact seeing a physician, or are you limiting your diagnosis and treatment to a chiropractor?
    I am seeing a physician, specifically an osteopathic physician who is using OMT so far.

    If you are seeing a physician what diagnostic imaging studies have been conducted, what is your diagnosis and prognosis, and what is your physician's assessment for why you are not recovering from your injury? A soft tissue injury should resolve much more quickly than you describe.

    Is your chiropractor merely doing chiropractic adjustments, or are you also receiving physical therapy? Are you on a home exercise program? Are you compliant?

    On the positive side, if you go to a chiropractor once or twice a week, odds are the chiropractor has documented your condition and complaints at each visit such that you can show a continuation of symptoms from the time of the accident. On the negative side, chiropractic care is viewed skeptically by insurance companies.
    Imaging was only Xray so far. I can't rememeber exactly what he said, as it was so long ago. Basically he thinks that it is inflammed tissue/strained muscle, and not a problem with the disks or anything like that. He tells me that he does feel a difference in the tissue. We made progress over the first 4 months. It felt great, then came back in full force after waking up one morning so we continued OMT some more. Pain subsided, and just a few days ago it is back once again. I just havn't talked to him since this last time. I'm sure some further diagnostics and treatment options will be explored since everything so far has just been only temporarily successful.

    He has not recommended PT yet.

    Somebody has to pay the bills.... Have you attempted to have the bills paid by insurance, yours or the at-fault driver's? If you want to make a claim for the amount you've paid then, yes, it makes sense to keep records. Odds are your chiropractor (and physician, if you in fact are seeing one) can provide an accounting, if needed.
    That was a stupid question. I don't even know why I asked. (Although I was asking if it is advisable for ME to be paying, rather than a law firm or insurance co., not whether I should keep records or not)

    If you neither settle nor take sufficient steps to commence a legal action within the limitations period, your cause of action will expire and the insurance company will decline to compensate you. In some states it's sufficient to file a complaint by the time the statute of limitations runs; others also require a diligent effort to serve the complaint.

    That's something best decided in consultation with your care providers, and (if you retain a lawyer) the lawyer you retain to handle your case.

    We don't know enough at this point to tell you if your case would interest a law firm. Your best approach is to interview several lawyers and pick the one you believe you can best work with.
    Ok. Thank you for your help.

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