by Guest » Wed Mar 19, 2008 07:05 pm
Back in October I was the 4th car hit in a 5 vehicle accident over 1 hr from home. Immediately I had whiplash symptoms (very sore neck, headache). The next couple days got even worse. I refused treatment on the spot because I was heading home from a weekend workshop and it was my son's birthday.
I talked to the police, the responsible party's insurance co, and even some of the other insurance co's when they called me. I had told all I was injured and that I would seek treatment. The responsible party was underinsured, so I contacted my own co and decided to use the pip for my injuries. But I really didn't understand it. They had made it clear that they couldn't guarantee it would not raise my insurance rates, although they said it very well may not. I did some research and found that was true for TX.
With that, I went to a chiropractor recommended by a colleague. This place was different than others I have been to. The chiro gave me some paperwork and told me to get some xrays done. I was going in to see her 3 times/week. What with the accident and other things going on in our lives (including my husband's health issues) I completely forgot to do the xrays and she never reminded me, never mentioned them again.
After about 10 visits I quit going to see her. I did feel so much better finally and was also worried. I knew my pip covered only up to $1500 and I thought we were about there. I was afraid to go over. Also, I ended up with a lot of anxiety about our insurance rates going up, and that was a huge influence on my not going anymore.
It turned out that all that was billed and paid by my ins was $960. Then my insurance closed the claim, when I told them that I was feeling better, just some residual soreness now and then. They said that usually for soft tissue injury there are more visits. I said that I could resume them. She said that after a lapse (this was back in Dec, so only a month or so after I stopped going) the ins co may not pay for the treatments. So I decided not to do it.
Anyways, I called the other day to see about negotiating a settlement, since right after the accident the responsible party's rep told me to do this when my treatment was done/I was ready.
I realize it won't be a lot, but something. But then it finally popped back into my head about the x-rays. So I am just wondering if I will be able to get any settlement if x-rays weren't done. I would think so, just because many companies out there actually try to settle before a person even gets any treatment or care at all, even before x-rays are done. But then again, now after the fact, the ball is more in their court because they know what you have done and can see how limited it is if you have only had x amount of treatments, etc...
So I am just wondering if anybody has any advice or ideas about this? I don't need to hear that I handled it badly. I already know it could be better. I can't go back and change the past. I should have been more proactive. I am not used to such a laid back chiropractor. I have always had my x-rays done on site and usually they remind you when they don't see them. Also, the anxiety I had about the insurance going up may have been silly, but legit, when they couldn't guarantee me it wouldn't happen. I don't want my rates to go up when the accident wasn't my fault!
But I still think I should get something for my suffering and when my pip paid almost $1000.
Thanks!
I talked to the police, the responsible party's insurance co, and even some of the other insurance co's when they called me. I had told all I was injured and that I would seek treatment. The responsible party was underinsured, so I contacted my own co and decided to use the pip for my injuries. But I really didn't understand it. They had made it clear that they couldn't guarantee it would not raise my insurance rates, although they said it very well may not. I did some research and found that was true for TX.
With that, I went to a chiropractor recommended by a colleague. This place was different than others I have been to. The chiro gave me some paperwork and told me to get some xrays done. I was going in to see her 3 times/week. What with the accident and other things going on in our lives (including my husband's health issues) I completely forgot to do the xrays and she never reminded me, never mentioned them again.
After about 10 visits I quit going to see her. I did feel so much better finally and was also worried. I knew my pip covered only up to $1500 and I thought we were about there. I was afraid to go over. Also, I ended up with a lot of anxiety about our insurance rates going up, and that was a huge influence on my not going anymore.
It turned out that all that was billed and paid by my ins was $960. Then my insurance closed the claim, when I told them that I was feeling better, just some residual soreness now and then. They said that usually for soft tissue injury there are more visits. I said that I could resume them. She said that after a lapse (this was back in Dec, so only a month or so after I stopped going) the ins co may not pay for the treatments. So I decided not to do it.
Anyways, I called the other day to see about negotiating a settlement, since right after the accident the responsible party's rep told me to do this when my treatment was done/I was ready.
I realize it won't be a lot, but something. But then it finally popped back into my head about the x-rays. So I am just wondering if I will be able to get any settlement if x-rays weren't done. I would think so, just because many companies out there actually try to settle before a person even gets any treatment or care at all, even before x-rays are done. But then again, now after the fact, the ball is more in their court because they know what you have done and can see how limited it is if you have only had x amount of treatments, etc...
So I am just wondering if anybody has any advice or ideas about this? I don't need to hear that I handled it badly. I already know it could be better. I can't go back and change the past. I should have been more proactive. I am not used to such a laid back chiropractor. I have always had my x-rays done on site and usually they remind you when they don't see them. Also, the anxiety I had about the insurance going up may have been silly, but legit, when they couldn't guarantee me it wouldn't happen. I don't want my rates to go up when the accident wasn't my fault!
But I still think I should get something for my suffering and when my pip paid almost $1000.
Thanks!
Posted: Thu Mar 20, 2008 11:34 am Post Subject:
So I am just wondering if I will be able to get any settlement if x-rays weren't done
shouldn't be an issue especially since soft tissue injuries don't show on an x-ray and since your claim is so small..I don't need to hear that I handled it badly
I don't think you handled it badly at all....Also, the anxiety I had about the insurance going up may have been silly, but legit, when they couldn't guarantee me it wouldn't happen. I don't want my rates to go up when the accident wasn't my fault
I totally understand (about your anxiety) but I'm not sure if you are making a point that you should be reimbursed for this anxiety from the other carrier (won't happen...just throwing that in there for your information as I'm unclear if that is what you meant)...They owe you for your pain/suffering and any loss wages that PIP didn't cover...however does your state even allow you to pursue the other carrier for an injury settlement? Has the PIP thresold been met? See I'm thinking no...but could be mistaken...You need to check that out...first...(if you can even claim an injury settlement ) your adjuster or the other companies could tell you, or visit your states Dept of Ins. website...Please let us know...but to your main question...I don't think the lack of x-rays would come into play at all..Posted: Thu Mar 20, 2008 03:40 pm Post Subject:
In Texas, the minimum PIP coverage amount is $2,500, if you chose not to reject it. Sounds to me that you still have some money available.
Also, the other carrier is responsible for indemnifying you for your losses. Having the x-rays performed will not necessarily get you more money, other than reimbursement for the cost of the x-rays. If the claim has been closed with the other carrier, call you PIP adjuster and ask that they re-open your PIP claim because you have received another bill pertaining to that accident. They should be able to do this.
Also, about your rates going up. A PIP or uninsured motorist claim is not chargeable. You cannot be surcharged for the accident.
However, some insurance companies will remove your claim free discount, which will cause an increase in your premium. I recommend you call your agent and asked them to check their auto guidelines and look up the renewal eligibility for any claim free discount you are receiving. That should tell you how claims are handled on renewals. If you are not currently receiving a claim free discount, your rate will not be affected at all by this claim.
Posted: Thu Mar 20, 2008 03:52 pm Post Subject:
I don't see that you did _anything_ wrong or poorly. X-rays are usually done to show broken bones. This is not in the chiropractor's area of medicine so she wanted you to have the x-rays just to make sure the injury was not more then just a "soft tissue" injury. As we know now, it probably was not. So you saved the carrier some money by not having the x-rays done. Adjusters know people are busy and can't drop everything to run out to several medical providers and have all kinds of testing done. You were injured in an accident, you sought limited medical treatment as you injury was not too severe. I see nothing wrong with that and everything right with it.
Posted: Fri Mar 21, 2008 04:57 pm Post Subject: Wow! You guys are great!
I really appreciate all the helpful information!
Lori, sorry for the confusion. No, I don't plan to seek any money for the anxiety issue at all! :) Just for the pain and suffering!
MBTexas, that is right! I somehow got into my head that PIP in TX was $1500! So I had plenty of moneys left to keep up treatment. Oh well. I guess that anxiety probably affected my brain! :)
Tcope, I never looked at it that way...that I actually saved them some money because of NOT having the x-rays done!
I didn't even think about soft tissue injuries not showing up on x-rays! Duh!
Y'all have been so kind and helpful and I truly appreciate it! So often on message boards posters can be unsympathetic when answering questions. Sometimes they are even unkind. I am so happy to find that wasn't the case here!
You have helped tremendously! I thank you from the depths of my heart!
Blessings!
Posted: Fri Mar 21, 2008 05:46 pm Post Subject:
(speaking for the group :) ) It's our pleasure, and we are glad we could be of some assistance to you, please don't hesitate to come back often with any questions/queries you think we could help with....
Posted: Fri Mar 21, 2008 06:46 pm Post Subject:
As Lori stated, we are happy to help in any way. If you ever have any questions, we're here for you.
Having been an agent in Texas for over 7 years now, if you ever have a situation you need help with directly, feel free to PM me. I'll be glad to help.
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