Insurance company questioning my injuries due to minor car damage?

by Anne
(Myrtle Beach, SC)

I was stopped at a red light and was rear-ended by a guy with a suspended license who was driving his friend's car. My car sustained rear bumper damage and I also got an immediate headache and neck pain. I was taken to the hospital by ambulance from the scene.

After X-Rays were taken, they informed me there were no broken bones and gave me prescriptions for pain, which I did not fill. I took Advil for my pain and ongoing headaches, until I got in to see my chiropractor the following week. I continued to get treatment for lack of full-range of neck motion and mild pain.

The other driver never filed a claim so my agent did, and she told me the other owner's insurance will be calling me with questions, which they did.

Now I have received a letter from the other insurance company stating, "our initial review of the circumstances surrounding this loss has raised questions regarding the nature of the injuries reported, considering the minor damage to the vehicles involved."

The other driver sustained no damages, as he was driving a 1969 Cadillac and I had a 1999 Camry. Does this mean they have no intention of settling or providing compensation for my injuries? What can I do about this? Thank you.

Visitor Question:
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ANSWER for "Insurance company questioning my injuries due to minor car damage?":

Ann (Myrtle Beach, NC):

From the facts you present, the accident was a minor one. Because it was so minor, there is a reasonable question about the severity of your injuries, and the medical or chiropractic treatment necessary to treat those injuries.

Insurance companies keep extensive data on injuries, or the lack thereof, resulting from minor impacts. They know if a victim runs up chiropractic bills and the claim ends up in court, it is very likely the victim will lose.

Certainly the driver’s insurance company should pay for your trip to the hospital and tests performed while there. That is reasonable. Yet, your initial complaints were of a headache, and no more. Moreover, your test results were negative for any type of serious injury. Additionally, the other driver never filed a claim.

You are in a precarious position. It appears you may have unintentionally sought extended chiropractic care for a non-existent, or very minor, injury. As a result, you may be stuck with the chiropractic bills.

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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