Rear Ended at a Stop Sign...

by Amie
(USA)

I was sitting at a stop light and a car rear ended me. The car had minimal damage ($1,200). I had an instant headache and the next day I started having neck pain. I went to the emergency room and they said the x-rays showed the pain to be chronic.

I've never had a neck injury or neck pain until this accident. I've started seeing a chiropractor who advised me to take off work. The insurance adjuster says that I should not need a week off - that it seems to long.

I do not want to accrue tons of bills that the insurance is going to deny, but I was not at fault and I am truly in pain since the accident. What can I do?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Rear Ended at a Stop Sign...":

Amie:

From the facts you present it is difficult to tell who told you “the x-rays showed the pain to be chronic”. You may have misunderstood what was said. You see for the pain to be chronic, it must have been going on for a prolonged and consistent time. Because you also state “I've never had a neck injury or neck pain until this accident” it makes the possibility of chronic pain implausible.

We have no doubt you have suffered real pain. Without medical proof of injuries you will have a difficult time convincing the Adjuster to pay much of anything.

Although the Chiropractor may have helped ease your pain, without convincing medical proof of your injuries your only alternative would be to file a lawsuit and have a judge decide if your injuries are serious enough to merit a financial judgment.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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