Continuing to suffer with pain, anxiety, and loss of memory...

by Donna
(Castle Rock, Colorado)

I was rear-ended on the highway while on my way back from church in January 2016. I declined the offer to be transported to the hospital because I just wanted to go home. I was really shaken up, nauseous, and disoriented. My neck hurt immediately following the crash and continued to get worse, along with pain in my shoulders.

I went to my doctor the following day and he prescribed pain pills and muscle relaxers to see if that would help, which they didn't. I went to a chiropractor and neuro balance therapist that was suggested by a friend. I was told my body was extremely off balance, which can be common when shaken up during a car crash. I was also told by the chiropractor after he took x-rays that I would be seeing him for about a year.

I have a lot of anxiety whenever I get into the car and I can't turn my head when backing out. I am always second-guessing myself whether to go through an intersection or not and I'm always afraid of someone hitting me. I become really anxious when I'm in a passenger type situation as well that makes it hard on the driver. I used to love to drive and take road trips, but now I avoid going anywhere where I have to use my car.

The driver of the other vehicle's Insurance Company has paid for the damages to my car which totaled around $7,100. When I found out my doctors would not get paid until after the claim was settled, I filed a claim with my own insurance company to use the medical portion of my policy so the doctor and chiropractor would get paid.

The neuro balance therapist would only continue to see me if she got paid as she didn't trust the insurance company to pay her at the end of the claim. I continue to have pain in my neck, my shoulders, and my lower back.

I did go to the hospital to see if they would do a scan on my head area to make sure there was nothing more seriously wrong, since I was constantly having migraines, which is not normal for me. I have also been back to my Dr to let him know I was still in pain and the muscle relaxers never worked.

I am now on pain medicine and the doctor has advised me to continue seeing the chiropractor. Once my $5000 medical policy is exhausted I will have to go back to the other driver's Insurance Company for medical compensation.

I was also working from home but now my loss of memory and neck pain from sitting in front of the computer, along with my migraine headaches are interfering with my ability to perform my work as I did before. There is a very good possibility, since I am unable to perform as before, I'll lose my job; and getting a job at 65 is not very easy.

It sounds like the insurance company will pay for my lost wages, but I'm getting very worried. Since it's still early in my recovery process, they have not attempted to offer a settlement as yet. I understand they don't offer much when it comes to soft tissue type injuries, but the other factors such as my loss of memory, anxiety and possible inability to obtain employment has changed my entire way of living.

I am curious as to what type of settlement the insurance company will offer? I understand it will most likely be a low offer. I would like to know what a reasonable offer would be to accept, considering my ongoing pain, anxiety and memory loss, and inability to provide for myself.

Additionally, I don't like the idea of having to be on pain pills for the rest of my life. I would also like to know if I have any recourse to go after the driver of the other vehicle that caused the driver who hit me to swerve and hit me. Any thoughts? Thank you.

Visitor Question:
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ANSWER for "Continuing to suffer with pain, anxiety, and loss of memory...":

Donna (Castle Rock, Colorado):

The at-fault driver’s insurance company will likely pay for your medical bills resulting from the rear-end collision. However, you may have some difficulty getting them to pay for all of your chiropractic bills.

Insurance companies are hesitant to pay for extended chiropractic treatment. It’s fair to say that some insurance adjusters look at chiropractic care as nothing more than glorified massage. This is especially true when chiropractic treatment is not directly prescribed by the treating physician.

While not all chiropractors have a tendency to over-prescribe extended treatment, insurance companies believe many do. That's partially due to what the companies believe to be a chiropractor's built-in conflict of interest. The longer a chiropractor can keep a patient in treatment, the more they get paid.

Before seeking additional chiropractic treatment, speak with the at-fault driver's insurance company. Tell them you are still undergoing treatment and will let them know when it is about to be completed. Be sure to ask the claims adjuster if the insurance company will be paying for your chiropractic treatment. If you are told they won't, then you will have to seek payment from your own insurance company.

You will find it very difficult to convince the at-fault driver's insurance company to pay for your loss of memory, anxiety, and possible inability to obtain employment.

You do have a right to seek additional compensation from the driver who initiated the collision. That driver was primarily at-fault, and his or her negligence was the primary cause of your injuries and related damages.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
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