by Guest » Thu Nov 03, 2011 10:05 am
Two weeks back I was rear ended. There were actually three cars involved. The at fault party rear ended the car behind me, pushing that car into mine.
The car that was directly behind me suffered most of the damage. My car had minor damage although the impact was quite a bit.
I had to take three days off of work following the accident because of headaches, due to the impact which aggravated my migraines. However I did not go to see a doctor.
I have prescription medicines that I took for the pain. Well, to make a long story short, the third part carrier is refusing to consider my lost wages because I did not seek a doctor's advise.
Is this true for an insurance carrier to deny a lost wages claim for the above listed reason of not seeking medical attention? Is there anything I can do?
The car that was directly behind me suffered most of the damage. My car had minor damage although the impact was quite a bit.
I had to take three days off of work following the accident because of headaches, due to the impact which aggravated my migraines. However I did not go to see a doctor.
I have prescription medicines that I took for the pain. Well, to make a long story short, the third part carrier is refusing to consider my lost wages because I did not seek a doctor's advise.
Is this true for an insurance carrier to deny a lost wages claim for the above listed reason of not seeking medical attention? Is there anything I can do?
Posted: Thu Nov 03, 2011 10:35 am Post Subject:
Here is the question... how can you show that you had an injury? Can you convince a judge or a jury that you were injured?
Things to consider is the extent of the damage to your vehicle. Would this support some type of injury that would cause a headache... and cause a headache for 3 days? Most people who were in an accident and then had a headache for 3 days and could not work would seek medical advice as to what was wrong. You took rx meds... why did you have these meds already? Do you get these headaches anyway?
To be honest, the adjuster is going to press the issue as it's suspect.... really suspect IMHO. But if you were to press the issue the adjuster would probably pay something. But I suspect you'd either need to use an attorney (and then loose 33% of what was paid) or convince the adjuster that you'd get an attorney if not paid. You may want to consider seeking if the adjuster might pay something like $100 or $200 and have you sign a release. Let the adjuster know that you simply cannot settle for nothing and that this would force you to get an attorney and than much more would be paid. Let the adjuster know you understand with the attorneys fees this even might get you more then a few hundred but it's not worth your time, or the adjusters, to go that route of they will just compensate you now. Let the adjuster know you see the view that most people would have sought medical treatment, you did not as you knew there was really nothing a doctor could do except do an exam, charge a big fee and then send you home. You actually kept the expenses low and should really not be penalized for this.
You need to convince the adjuster of what happened and that you are not just trying to get them to pay something for nothing. Convince the adjuster that you simply cannot go away with the loss of 3 days wages.
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