What should I do if I injured my neck and back in a car accident?
Injuring your neck and back in a car accident can be devastating. Although neck and back injuries are the most common injuries after a crash, they can be the hardest to prove and the hardest for which to get fair settlements from the insurance company. Your claim will be denied because it’s preexisting, because you can’t prove it’s related, or because you have “limited tort.” If you’ve injured your neck and back in a car accident, here’s how to maximize your settlement:
Make sure the paramedics and emergency room doctors know if you’re experiencing neck and back pain.
The human neck and back are fragile, so it’s no surprise that neck and back injuries are often pre-existing (to some extent) and have causes other than car accidents. That’s why, after a car wreck, if your neck and back are in pain, it’s important that you tell your doctor! If an ambulance responds to your accident, be sure to let the paramedics know your neck and back are hurting if they’re in pain—don’t assume it’s temporary! It’s common for insurance adjusters to deny claims for neck and back injuries because the pain wasn’t immediately reported to paramedics or emergency room staff!
If your neck and back don’t start hurting until a few days after the car accident, make an appointment with a doctor or a chiropractor
It’s common for neck and back pain to start several days after a collision. Unfortunately, what ends up happening is that, once the pain starts, many people don’t start treating until months later when the pain doesn’t get better on its own. If your injury ends up being more serious than the sprain/strain you thought it was, the insurance company will say that this “treatment gap” indicates you must have hurt your neck and back somewhere else—not in the car accident! Without any doctor having seen you for months, it’s almost impossible to prove you actually hurt your neck and back in the accident. If your neck and back start hurting a few days later, make an appointment with your family doctor or chiropractor to get things looked at. In Pennsylvania, your car insurance is required to pay for medical treatment related to the accident; most people have at least $5,000.00 in medical coverage for accident related treatment (which includes chiropractors!).
How do I make the insurance company pay fair settlement value for my neck and back injury?
How to get the insurance company to pay you a fair settlement for your neck and back injury is a simple answer: get a lawyer. Because you do not have the ability to file a lawsuit and work your case up properly, the insurance adjuster will not pay you fair value for your neck and back injury. They know that, whatever they offer, you have no choice but to take it. Call our Erie, PA car accident lawyers for a free consultation; if we don’t think we can get you a better offer and more than pay for ourselves, we’ll let you know.