Hey there TWW - My girlfriend and I got rear-ended yesterday, there was no damage to the car so I just took the woman's insurance and left. My girlfriend woke up this morning and her neck and back are stiff and sore, not in a major way but she would like to get it checked out in case its anything serious. What is the process for this? we contacted the insurance company to let them know there was an accident, they told us to wait until they saw the car before going to the doctor. That doesn't make sense to me, and them looking at the car wont tell them anything because there was no damage (only more scratches on an already scratched up bumper). Should we get a lawyer?

Thanks t-dub

12/17/2012 6:10:23 PM

Attorney...then doctor....then insurance.

12/17/2012 6:11:54 PM

If there are only scratches then there is no way that there is any damage to her.

Bumpers deform at >5mph impacts. Also, since she left, there is no way to prove that it was due to the accident and not from sleeping funny.

12/17/2012 6:25:24 PM

always always always get a police report

12/17/2012 6:25:54 PM

Quote :

"What is the process for this?"

Calling the police as soon as the accident happened. Then proceeding to the hospital to get checked out.

12/17/2012 6:36:22 PM

Yea... you're kinda SOL. It's going to be unbelievably difficult to prove that her soreness was caused by that accident since you didn't go to the hospital immediately after. Insurance probably won't pay for a Dr. visit a day later.

Side note: She's probably fine just from what you typed. Plenty of people tense up and don't realize it till after the adrenaline has worn off, so they have some minor stiffness. But if you ever think you MIGHT be hurt in a car accident, (even a little bit) go to the hospital right away.

12/17/2012 6:48:05 PM

The advice in this thread is...troublesome. I will give you my perspective, but it's just one man's lay opinion.

You can easily report it to the insurance company, even after the fact. Of course it's best to get a police report, but not having one doesn't make you shit out of luck. If the other side hit you from the back and fault is established, we are really just talking about damages. A little neck pain is not unreasonable, and most insurance companies understand that.

And as for the attorney issue, there shouldn't be a need for one. Why do people always assume the worst? This woman likely knows the accident was her fault, and isn't going to start suddenly lying about it now. If she is injured, go to the doctor. If you have health insurance and your own car insurance, then you are likely fine even if a worst case scenario comes up and its not covered by her insurance (which won't happen). The longer she waits to go to the doctor, the easier it will be for the other insurance company to say the injuries were not from the accident. Also, if there are any injuries, they need to be treated first. Worry about who pays later on.

Frankly, as long as you aren't trying to hose the other side, and are giving them legit expenses, you shouldn't have huge troubles as long as you hold your ground. Reps for insurance companies handle most of these things on their own, and even though they are obstructionist, just be honest and up front about your bills. Lawyers are only involved in costly cases or when there is some obstruction. The truth is at the level you're talking about, I can't think of an attorney who will take the case. There's no contigency money in it. 30% of a few hundred bucks in medicals (assuming we're just talking about a few chiropractic visits or some other minor meds) is not worth it.

(Your real best bet is to just do some research online about handling this yourself. A few minutes will give you plenty of options and advice that is NC specific, including your options and likelihood of success based on your facts.)

[Edited on December 17, 2012 at 7:26 PM. Reason : cfv]

12/17/2012 7:21:40 PM

Quote :

"Side note: She's probably fine just from what you typed. Plenty of people tense up and don't realize it till after the adrenaline has worn off, so they have some minor stiffness. But if you ever think you MIGHT be hurt in a car accident, (even a little bit) go to the hospital right away."

I've had this happen before. Rear-end collision, only a tiny bit of damage to my car but it fucked up the other car but good (heavy steel bumper versus plastic grille and header panel). Felt ok afterward but was pretty sore the next day. I actually did go to the doctor and their advice was basically "wait a few days and if you're still sore come back." I was not still sore so I did not return.

Going to the doctor can't hurt and if you're not sure it's the smart thing to do. But unless the pain is bad, I'd give it a day or two to go away, personally.

12/17/2012 8:53:42 PM

Man, come on. Tell her to walk it off. We have enough frivolous lawsuits and insurance claims as it is. No damage to the car, but her neck and back are hurt?! Lame.

12/17/2012 10:16:01 PM

Quote :

"always always always get a police report"

12/18/2012 3:40:07 AM

Quote :

"You can easily report it to the insurance company, even after the fact. Of course it's best to get a police report"

Police won't do reports if the damage is less than $1000, at least in Raleigh. A young girl backed into my car and put a dent in the rear quarter panel. Waited 30 minutes for RPD to show up to do a driver info exchange form. As long as the other person doesn't try to deny it you'll be fine.

12/18/2012 7:10:08 AM

Quote :

"If there are only scratches then there is no way that there is any damage to her."

I"m gonna agree with this statement.

12/18/2012 8:12:30 AM

Sounds like she needs a new pillow. This wreck didn't cause any injuries.

12/18/2012 8:48:01 AM

Quote :

"Police won't do reports if the damage is less than $1000"

I don't believe this is an accurate statement. What if there is hidden damage? I would think a police officer would be required to, or at least be willing to do a report on on any accident, regardless of damage. Especially if you specifically request one.

12/18/2012 9:55:57 AM

They don't. I've had the same thing happen. If the damage is insignificant or nonexistent, then they just tell you to exchange insurance information, no report.

12/18/2012 10:17:39 AM

Same. Still call them.

12/18/2012 10:33:54 AM

So let me get this straight. If I am involved in an accident and request the officer on scene do a report in the event I have hidden damage, he can refuse? If I was the cause of the accident, I would definitely want a report ESPECIALLY if there is less than $1000 in damage. What is to stop the person I hit from taking a baseball bat to his bumper when he gets home and blaming it on the accident?

12/18/2012 10:39:57 AM

What is this hidden damage you speak of?

your phone w/ camera is what prevents the after the fact damage.

12/18/2012 10:52:12 AM

Don't think they want to but will if requested at least in my experience. Had a hit and run and the officer wasn't going to file one since he thought it'd be under $1000 in damage. Luckily I talked him into it since it ended up being about $3400. Plus I wanted the police report to say hit and run so I wouldn't get screwed on my insurance.

12/18/2012 10:54:37 AM

^ that's kind of what I gathered. I haven't had an accident in over 10 years (knock on wood) so I really have no idea how things work. I would just assume that if you request a report they would do one, regardless of the damage.

12/18/2012 10:58:32 AM

if you push the issue, the lazy fuckers will usually write one

[Edited on December 18, 2012 at 11:11 AM. Reason : and apparently all LEOs do auto body work on the side ]

12/18/2012 11:10:47 AM

^ that was going to be my 2nd point. Since when are police officers experts on vehicle damage repair costs?

12/18/2012 11:17:40 AM

^ Hahaha, I've wondered how the "estimate" the damage: do I feel like writing a report? No -> it's only a $300 or $400 fix.

12/18/2012 11:18:16 AM

Quote :

"we contacted the insurance company to let them know there was an accident, they told us to wait until they saw the car before going to the doctor. "

Hell no. Go to the doctor. Recoup the money from the insurance company and get them to pay for any missed work as well.

Quote :

"What is this hidden damage you speak of? your phone w/ camera is what prevents the after the fact damage."

Rain or poor lighting can mask damage and there are some things that you likely won't notice immediately. I got rear ended one time and didn't see any damage to my tubular steel bumper after looking at the bumper very thoroughly. A couple days later I noticed the gap between the bumper and the body was about 1/4" smaller on the side I was hit on. No big deal because it was an older truck with some miles on it, but I didn't notice it at the scene.

A couple things I've learned after dealing with two separate accidents in the last three years. Take them for what it's worth, but they have shaped the way I will deal with these things in the future:

- Always get a police report. A ~55 year old woman in a new Honda Accord backed into my car (parked) at a funeral last summer. I didn't know her, but we both had close ties to the deceased and she was very apologetic about it. Not getting a report turned out to be a mistake. I won't go into all the details, but I ended up having to get her family to put a little pressure on her to own up to it with her insurance company. I learned from the situation that the best thing you can do is get them to take or deny responsibility to a police officer at the time of the accident and get all witness reports on file. Promises mean nothing and her insurance company would have denied my claim if she didn't own up to it since there was no police report. I was fully prepared to drag her back to NC for a lawsuit and I feel confident I would have won (witnesses), but it was a hassle I didn't need. Just remember it's their mistake and you are not being rude by insisting on a police report.

- If you do have injuries get a minimum of 1-2 treatments per month every month even if they are getting you nowhere. It seems frivolous, but it's what you have to do if you want to be treated fairly by the insurance company. Get massages, go to a chiropractor, use the insurance company to try out various treatment options that you might not try on your own dime. The insurance companies will use any gap in treatments as evidence that your injuries are recovered. The best thing for you might be to spend a few months stretching and doing PT, but if you're not spending money on treatments during that time when you go back to the doctor the insurance company will treat you like you're trying to get them to pay for new injuries that happened during that period.

Just my $.02 on the subject. Hindsight is 20/20.

12/18/2012 12:06:09 PM

take 2 advil until pain goes away. seriously.

i got rear-ended last summer and didn't feel anything until the day after. both my wife and i experienced neck pain but it's just from the shock of the accident. it'll go away. if there's no damage to the car, there's probably a very slim chance anything is seriously wrong with you, don't waste your time with insurance, claims, raised rates, etc. just for slight neck pain, i'd just pay the $20-$25 copay and just see my doctor if you are nervous and want to get things checked out. after seeing the doctor if there are medical costs, you can submit a claim.

in Colorado you can go online and file a police report after the accident if you didn't have an officer show up on the scene.

[Edited on December 18, 2012 at 12:23 PM. Reason : .]

12/18/2012 12:22:35 PM

I used to be a claims adjuster. Everything FuhCtious said is spot on.

Your GF is fine and if she's not the insurance company isn't going to agree any soft tissue injuries were caused by a wreck that didn't cause any damage. Just being honest. That said she can probably get some reasonable bills paid.

The police report isn't relevant unless this other person turns out to be a ghost. The insurance company doesn't care about the report if their insured agrees they hit you.

Not relevant here but i always thought it I always thought it was funny when people said they felt fine but went to get checked out "just in case". Like the ER was going to tell them "actually although you may feel fine your are in fact seriously injured, you just don't know it "

12/25/2012 10:01:24 PM

Quote :

"Police won't do reports if the damage is less than $1000"

This has definitely NOT been my experience with RPD. A utility truck traveling next to me crossed over into my lane just enough to cause my wheels to come in contact with his causing about $200 worth of damage to my rim. RPD came out and wrote a full accident report, diagram of the accident etc.

12/26/2012 1:27:00 PM

Well we filed a claim - their insurance of course wanted to get the car looked at, so we took it in to their mechanic and they found ~$700 worth of damages to the rear end that was only visible after the plastic bumper was removed. We don't care about the bumper at all, but since there was damage, the insurance agreed to pay for reasonable medical care since my girlfriend is still in pain and has been seeing a doctor.

I just wanted to say that a lot of you seemed to offer bad advice

12/26/2012 1:56:58 PM

And what advice would that have been?

12/26/2012 7:04:47 PM

Quote :

"Police won't do reports if the damage is less than $1000"

Negative.

12/26/2012 7:55:56 PM

Yeah, well what about the good advice...glass half full, man!

12/26/2012 8:38:08 PM

Quote :

"Bumpers deform at >5mph impacts. Also, since she left, there is no way to prove that it was due to the accident and not from sleeping funny. "

yah this isn't true.

you can definitely go to the doctor/hospital after the fact.

12/26/2012 10:47:45 PM