Visitor Question

Auto Accident Payment Help…

Submitted By: Brandon (New Orleanse, Lousianna, USA)

Thank you in advance for any help you can give.

On February 8th I was stopped at a red light when a car slammed into the rear end of my car. My head went into the dash and whipped back. Besides being shook up I had felt okay. After the accident the lady was completely apologetic and gave me her insurance info. I went straight home after the accident and had a bad headache.

I went to sleep and woke up in horrible pain. A few days before the accident 3 people at my job were fired and we were all told that if we weren’t at work on time and ready to work then we would be let go as well because we were being watched. I gained from the termination and got a promotion.

I was in serious pain but with this being only the second day in my position I didn’t want to miss any time, I was in fear of losing my job. I went ahead and went into work and really couldn’t do much.

I work at a Boys and Girls Club working with 5-12 year old kids and it involves a lot of activity and interaction with them. We can never be caught sitting down so I did my very best to perform. I couldn’t play any games and just monitored as well as possible.

When I was off of work I was sitting at my desk almost in tears of pain. A parent saw me and asked what was wrong. I told her about the accident and she pleaded with me to go to the E.R. and I did. My brother went to a co-worker’s house while my fiance took me there. We had no one to watch my 4 year old son so he went with us. We got to the hospital around 10pm.

I was taken back and was put into a neck brace and laid in the hospital bed for around 2 hours before I was given a cat scan and x-rays. My son was scared when they took me away for the scans and started to cry.

I was taken back to my room and later was told I had a severe case of whiplash and I was suffering from neck and back sprain/strain. I was given pain medicine and muscle relaxer. I was told if the headaches continue I should come back and the same with my neck/back pain. They told me to take time off if needed to get plenty of rest. I was given discharge papers and we went home. The hospital bill is $3,356.56

The next day the insurance company came and looked at my car and priced damages at $2,100. I was in too much pain so my fiance went and talked to them.

Since then I’ve still been suffering from constant headaches, lower back pain and neck pain. I haven’t been able to take time off. I’ve always been the type to just deal with pain so I continue to do so even though I feel that I should go get looked at. It’s just that I’m 24. My mom just died on Halloween and I take care of my 14 year old brother.

I don’t know if you understand but last thing I want is him worrying about me. The night I told him I was going to the hospital he was so worried about me. I didn’t want him to know what hospital I was going to because it’s where we last saw our mom. It’s just me and him. Our father died when he was 8.

I didn’t and continue to not take any days off because I have to work to support him and myself and my son. I hear I can get reimbursed when I settle the claim but it’s hard telling that to bill collectors and property managers.

I’m not trying to make this too personal but my fiance is upset because I haven’t been able to give her the love and attention that she needs and deserves that she’s been accustomed to receiving from me. We have a 1.5 month old son and she’s been dealing with a lot. She’s been taking my brother to school for me, taking me to work, then going to work herself, then picking me up, cooking, cleaning, taking care of our 1.5 month old son and our 4 year old son. I try to help but anything other than laying down hurts and is so uncomfortable.

She understands why I go to work because I have to provide for us but I put so much into myself for those hours at work that when I’m off I’m so tired and in pain that all I can do is lay down. I try to keep my 4 year old occupied by having him in the bed with me while watching superhero cartoons but it only helps so much.

A big part of this post is also that she took the kids and left to stay at her parents house because she just couldn’t take it anymore. She got her grades and was very upset over them. She tries to remember it’s not my fault. I was in an accident but like it affects my life, it affects her.

I just simply haven’t made the time to go back to the hospital or doctor’s office besides the one time. I haven’t even attempted to get my car fixed.

People tell me to go back to get looked at first but I simply just can’t. I haven’t received the medical bill from the visit yet. What in your opinion is a price I should ask for in this settlement? Thanks again for any help you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Brandon,


It seems you have already settled with one claims adjuster for the amount to repair your car. The next step is a negotiation with another claims adjuster for compensation for your actual damages, pain and suffering, and loss of consortium (loss of time and circumstance to be intimate with your fiancé).

Your medical bills amount to $3,356.56. Add to that your medications and other out-of-pocket expenses related to your injuries.

A good rule of thumb is to take the amount of actual damages and multiply by 3. In your case a good starting point to negotiate your claim will be about $10,000.

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

Best of luck,

Published: March 4, 2011

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