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  1. #1
    Join Date
    Nov 2015
    Posts
    1

    Default How to Get Compensation for a Whiplash Injury

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

    Details:
    My car got hit when we were stopped in traffic. The other car was going approx. 15-25 mph and rear-ended me.
    My other passenger noted a neck injury immediately
    I noted a neck injury within the week of the accident, and strain started roughly on the 3rd day.

    Chiropractor experience:
    I've never seen a chiropractor, but my friend went and the chiropractor said I should come for an examination.
    My x-rays noted that my neck is 22mm away from its normal position.
    Chiropractor creates a plan that requires 10 appointments spread throughout 4-6 weeks.

    Appointment plan involves:
    10 minutes in a room with heating pads on my neck
    cracking my back once, and my neck twice at each visit.
    Driving 20 minutes each way (40 minutes travel each visit)

    Long-term risk caused by the neck injury:
    I've heard that stroke risk is increased when getting back cracked by chiropractors. I'm sure there's others.

    Current outlook
    At the end of the 10 visits, there is an 80-90% chance that my neck will be back to its normal position. If not, the treatment will continue.

    Injury claim:
    My injury claim was noted to the auto claims specialist of the insurance company initially. This was a week after the accident.
    I called the injury claims specialist following my 2nd chiropractor visit, when the x-rays were developed and the chiropractor established his treatment plan.

    The Injury Claims Specialist verbally expressed skepticism that I had been injured enough to receive 10 days of treatment with a chiropractor and offered me $400 for the inconvenience. At this point, I've already noted that the medical bills from the chiropractor are over $500. I tell him I need to wait until the recovery is complete before I can discuss that. I tell him that I'm not a doctor, and I typically wouldn't see a chiropractor after an accident, but that my friend was injured and I felt a strain in my neck that inspired me to get a professional to examine me. Due to the nature of his tone and skepticism I also decided that I will e-mail him from this point forward. He did just try to call me and leave a voicemail saying he wanted me to call him back. I'm not looking forward to that convo.

    Chiropractor Billing Woman
    She takes me to her office and tells me I remind her of her son and she continues to tell me that if I wait until the recovery is finished to receive compensation, that I will receive 1.5x the medical bill from the insurance claim. Then she also mentions if the injury claims specialist refuses payment, that she has an attorney that they use at their office that will handle my situation.

    Questions:
    1) Do I have long-term risk that needs to be acknowledged with the injury claims specialist?
    2) Should I seek a second chiropractor's opinion? If so, when should I do this?
    3) Given that the accident was just bumper damage to my 200k mile car, I opted taking an immediate check for the car and not getting my car fixed. Does this in any way reflect how I am handling my neck injury in a different manner to the insurance company?
    4) Is the billing woman at the chiropractor's office not telling me something?

    If anyone has any additional comments or advice I will gladly read them.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get Compensation for a Whiplash Injury

    Quote Quoting Thursday87
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    My x-rays noted that my neck is 22mm away from its normal position.
    Obviously that is not a statement that a vertebra is physically displaced by almost an inch. Whatever the chiropractor means, it's not meaningful in relation to diagnosing an injury. I'm not sure that it's possible for a chiropractor to look at an x-ray without finding subluxation.
    Quote Quoting Thursday87
    Chiropractor creates a plan that requires 10 appointments spread throughout 4-6 weeks.
    And the insurance company is apt to see that as little more than the chiropractor lining his pockets. When it comes to auto injury claims, they're not a respected industry.
    Quote Quoting Thursday87
    I've heard that stroke risk is increased when getting back cracked by chiropractors. I'm sure there's others.
    Then don't use a chiropractor. Problem solved.
    Quote Quoting Thursday87
    At the end of the 10 visits, there is an 80-90% chance that my neck will be back to its normal position. If not, the treatment will continue.
    Odds are it will continue. If you actually have an injury and want to get better, you should be looking at physical therapy.
    Quote Quoting Thursday87
    She takes me to her office and tells me I remind her of her son and she continues to tell me that if I wait until the recovery is finished to receive compensation, that I will receive 1.5x the medical bill from the insurance claim.
    You can choose to believe her, if you want, but very obviously her claims are in no way binding on the insurance company. There's no magic means by which you can get an insurance company to pay 1.5 times the cost of a chiropractic bill it views as unjustified and excessive.
    Quote Quoting Thursday87
    Then she also mentions if the injury claims specialist refuses payment, that she has an attorney that they use at their office that will handle my situation.
    Odds are they have a mutually beneficial arrangement. Whether or not it's beneficial to the clients they refer back and forth, is harder to say.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Get Compensation for a Whiplash Injury

    Bottom line. Soft tissue injuries are hard to prove. If the lawyer gets a 3rd of the gross, the insurance company will likely only offer the bills and small piece more. Going to court requires a higher cut to the lawyer, so the end result is you usually end up in the hole no matter what. Try to keep your bills low, get them paid and go on with life glad you are still alive. The Chiro will try to run up all kinds of extras beyond adjusting the vertabrae back into place as they are pulled out by muscle relaxers resulting in a much higher end bill you are responsible for.

    - - - Updated - - -

    For some reason, my edit does not work. Replace relaxers with the word spasms.

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