Visitor Question

How much for car accident with whiplash and lower back pain?

Submitted By: Kim (Greene, Maine)

My boyfriend was bringing me home at 5:00 in the morning. We were waiting at a stop light. When the light turned green his car stalled as it is a standard transmission. The guy in back of us hit the back end of my boyfriend’s car.

The guy who hit us then left the scene of the accident, but we caught up to him and called the police. We both ended up in the ER and we both have whiplash and lower back pain. This accident happened on August 20th. He has been to a chiropractor and I am going to be seeing one also.

How much is an appropriate settlement amount for this type of accident and injuries? Thank you.

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.

Answer

Dear Kim,

Most states require drivers who are following other drivers to stay as far behind the driver in front as is “reasonable and prudent,” having due regard for the speed of the vehicles, the traffic and the condition of the roadway.

The State of Maine has adopted the same requirement. See Maine Revised Statutes Section 2006.

Based on the facts, it is arguable the driver who struck you was not keeping a reasonable and prudent length behind your car so as to be able to stop without striking your car. As a result, the driver may have incurred liability for the accident.

The amount of compensation you may be able to receive from the other driver will depend on the reasonableness of the medical and chiropractic care you and your boyfriend receive.

While insurance companies infrequently challenge the level of care and corresponding cost of medical treatment, the same cannot be said of chiropractic treatment.

It would be in your best interest and that of your boyfriend to communicate with the at-fault driver’s insurance company. Be sure the claims adjuster understands the nature of the injuries and type and extent of treatment required.

You don’t want to run up chiropractic bills and later learn the insurance company will not compensate you for them.

Therefore, you can expect the amount of compensation you both are offered by the driver’s insurance company will be directly tied to the reasonableness of the treatment you both receive, and the corresponding costs for such treatment.

Learn more here: Rear-End Accident Compensation

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 with your claim,

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