HI Geeks! I was rear-ended last Thursday. I was stopped at a red light, and the car behind me hit me. I called the police, drove myself to the ER. Now I am hearing so many different stories from so many different sources, I don't know what to do? I have neck and back pain, numbness on my right arm and hand. The ER diagnosed whiplash and told me to follow up with my PCP for MRI's if the pain continued. So I will be seeing doc tomorrow. At this point, do I need an attorney? If so, what for? I feel like I should wait and see if a problem arises. Advice?
"Most men lead lives of quiet desperation and go to the grave with the song still in them." Henry David Thoreau
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Respect the minivan.
I got a lawyer for my last wreck. However, I was hit by an unlicensed driver, who was driving somebody else's car, and would not talk to his or my insurance company. His insurance agreed the accident was the other driver's fault. But, would not settle until they spoke to the woman (not the word I want to use). The woman left the area because she did not want to go to jail.It was a nightmare. So, I called a lawyer. However, it was my non-car insurance company that settled the problem. Boo's working life is insured for $250,000. That company did not want to have to pay out because another company would not provide a rental car to help desensitize her to the accident. They went after everyone. So, I guees I did not really need the lawyer. I just needed to call the third insurance company sooner.
-- Edited by h2ofall on Monday 7th of November 2011 02:34:29 PM
Gort! Klaatu barada nikto!
You said police were at the scene, hopefully they completed the accident report. I would get a copy of the accident report as soon as it's ready, just to make sure the cop got it correct about who was at fault. I assume you've already contacted your insurance and the claim is in process. Your insurance company should be handling everything on your behalf. If they have to go after the other guy's insurance they will. But better to know now that the accident was portrayed correctly by police. Your insurance company may already have a copy of the police report, you could ask them to see it, or go to the police station yourself to get it.
Also, your medical insurance probably will go after the at-fault guy's auto insurance for reimbursement, as well they should. So you may have to explain all this to the medical insurance company, or have your auto insurance company deal with them, so they get the info they need to get reimbursed.
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It looks like you will have no out-of-pocket expenses. You might need or want physical therapy, if the pain doesn't resolve quickly.
Payment for "pain and suffering" depends on your state. New York is a "no fault" state, and there can be no lawsuits for losses under $10,000 so a lawyer might have you go to one of his "friendly" doctors to run up the bills.
Without a lawyer, you will get nothing for "pain and suffering", but your actual medical bills, which are already being covered.
If you wind up with severe, intractable pain, a lawyer would be needed to try for compensation.
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