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  1. #1
    Join Date
    May 2017
    Posts
    10

    Default Settling Personal Injury Claim While Seeing a Chiropractor

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

    I was involved in a car accident a month ago. The other party's insurance has accepted full responsibility for the accident and has granted me compensation for my car (it was a total loss) as well as for loss of use.

    My attorney has me seeing a chiropractor, it's been a month and I'm completely fine. I no longer want to go as it's taking up time from work and school, but my attorney want's me to go three months. I know at a month I won't get much (if anything), but I'm okay with that, I just want to put this all behind me.

    My question is, how do I tell them I don't want to go any more? Do I even have that option?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,060

    Default Re: Settling Personal Injury Claim

    Whiplash Willie wants you to pad your claim by phonying up visits to the quackopractor so he can get a bigger payday.

    If you feel really completely recovered you are free to stop treatment. That's entirely up to you.

    Whiplash Willie works for you and you give him the instructions on what to do. He doesn't give them to you.

    However, my experience of 35 years in the insurance industry and numerous time an injury claimant admonishes you to wait a couple of months (preferably six) to settle even if you stop treatment now.

    You want to make sure that you have no residual ill effects that might become evident later. Because, once you sign that release and get the money, it's over and there's no more money ever.

    Whiplash Willie can just wait for his payday.



    (The reference to Whiplash Willie will be clear to those who have seen The Fortune Cookie with Jack Lemmon and Walter Matthau.)

  3. #3
    Join Date
    May 2017
    Posts
    10

    Default Re: Settling Personal Injury Claim

    Thank you for the reply adjusterjack.

    I'm all for waiting to settle, I didn't know I could still do that even though I stopped treatment, hence my post title.

    I just want to stop treatment, I'm completely fine. But if I stop treatment now, does that mean that I would have to pay my attorney out of pocket or would they tell me to just wait?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,726

    Default Re: Settling Personal Injury Claim

    Why do you even have an attorney? While they are necessary in many cases, engaging one before you have any idea whether you have difficulty receiving payment for your damages or if you even have any real damages is premature and a good way to pay somebody for providing no benefit to you. In your case it doesn't sound like you needed an attorney. Now you get to pay him per the retainer agreement.

  5. #5
    Join Date
    Mar 2013
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    17,060

    Default Re: Settling Personal Injury Claim

    Quote Quoting animalwithin
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    if I stop treatment now, does that mean that I would have to pay my attorney out of pocket or would they tell me to just wait?
    No, you don't pay your attorney out of pocket.

    You have a contingency agreement. He's stuck with that.

  6. #6
    Join Date
    May 2017
    Posts
    10

    Default Re: Settling Personal Injury Claim

    The individual who hit me hired an attorney and they were claiming it was my fault. They refused to work with the insurance companies and were not being cooperative in any way, nor were they communicating to anyone except their attorney.

    It was my attorney who's been in constant contact with their insurance company and who has gotten me compensation for damages to my car and loss of use.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,060

    Default Re: Settling Personal Injury Claim

    Quote Quoting animalwithin
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    The individual who hit me hired an attorney and they were claiming it was my fault. They refused to work with the insurance companies and were not being cooperative in any way, nor were they communicating to anyone except their attorney.
    What is (or has) your insurance company been doing about that?

  8. #8
    Join Date
    May 2017
    Posts
    10

    Default Re: Settling Personal Injury Claim

    Nothing, I haven't heard from my insurance company/adjuster since this started. They called me once to get a statement, told me the other party hired an attorney, and I never heard from them again after that. The only feedback I've been receiving this whole time has been from my attorney.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,060

    Default Re: Settling Personal Injury Claim

    Quote Quoting animalwithin
    View Post
    Nothing, I haven't heard from my insurance company/adjuster since this started. They called me once to get a statement, told me the other party hired an attorney, and I never heard from them again after that. The only feedback I've been receiving this whole time has been from my attorney.
    Call up your company claim rep and ask for a status. You're entitled to that.

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