Filing a Bodily Injury Claim after Physical Therapy...

by Ike
(San Jose, California, USA)

In May 2010 my daughter was rear-ended in a safeway parking lot. Information was exchanged and the other driver is at fault.

My daughter afterwards complained about her back hurting, so we got the paper work from our auto insurance and she went to her doctor. Our auto insurance had medical coverage, so AAA will be paying the medical bills.

The doctor recommended physical therapy that she started in May. It is now June, therapy is done and she so far has no back issues.

Should we still file a bodily injury claim against the other driver's insurance company? I'm just not sure if her back is really fixed. Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Filing a Bodily Injury Claim after Physical Therapy...":

If your daughter's doctor states that she is back to normal, you should be in the clear to submit a settlement claim.

To be sure, you may want to have her evaluated by her regular doctor and also ask the physical therapist if he feels that it is necessary to schedule subsequent visits, i.e. monthly for a few months just to make sure she does not return to her previous condition.

The best marker of health is your daughter. Teens heal much faster than older individuals and if she states that she feels better and is returning to her previous activities, she probably is.

From here, you will want to get all medical records, bills and out-of-pocket expenditures and submit them to the adjuster with a demand letter.

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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