# Was in a car accident, should I ask for more $ for general discomfort?



## WindowLicker (Aug 3, 2010)

So I was recently in a car accident and the guy who was liable's insurance is going to buy my car, pay medical bills, ER co-pay, and also give me a sum for general discomfort. I hit my head so all medical bills will be covered and they offered like $500, which I thought was way low for "general discomfort" so they said they could offer more and include up to 4 chiropractor visits or a dr visit plus medication fees.
Never been in an accident before so what should I do, how much could I ask?
No work missed, but I had a migraine for a week and missed dance class and school so thats what they offered. I don't have a lawyer and I didn't get a concussion but how much should I ask?


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## WindowLicker (Aug 3, 2010)

I asked to double it, $1000 he agreed. But is that really enough? I could've made that in 2-3 days at work...


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## Snakecharmer (Oct 26, 2010)

Stop talking to the other guy's insurance company and start talking to a lawyer.

Personal injury attorneys usually offer a free consultation. They'll tell you if you have a case and if so, what to do from here. They are trying to get you to settle because they don't want you to sue. You won't have to pay upfront, but the attorney normally takes 33.3 % of your settlement as payment for handling your case.

You went to the ER? What did they say about your injuries?


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## Stephen (Jan 17, 2011)

Yeah, a head injury could turn out to be a real disaster in your future life. If you sign off on what they're offering now, you'll be stuck dealing with that with no assistance. Listen to @Snakecharmer. Watch out.


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## Snakecharmer (Oct 26, 2010)

Stephen makes a great point about your head injury - that could cause chronic problems. I was in a bad head-on collision a couple of years ago (a girl who was driving in the opposing lanes lost control, crossed a grass median, and hit us head on) and I remember my lawyer having lots of head injury literature in his office.


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## Fizz (Nov 13, 2010)

Head injuries aren't the only problems that could manifest in the future. I had whiplash after being rear ended and I went to a chiropractor a few times. They admitted that some people don't see the need to go and relieve the pain because they assume it just goes away. If untreated, your body could begin experiencing unexplainable medical issues. One leg could end up shorter than the other and cause a limp, or so I was told.

Of course this is coming from the chiropractor and his assistant, but I won't assume it's all poppycock. My pains subsided and I've had little problem today.


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## WindowLicker (Aug 3, 2010)

Honestly I didn't get a concussion, but I've been having migraines since the accident. He said in order to receive more I'd need some documents. After I see a Dr what could I ask based on that, migraines, if nothing else is damaged. I've already given my car to their insurance for a check.


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## eburian (Feb 21, 2011)

OMG THANK YOU SOO MUCH FOR POSTING THIS!!! but yea to answer your question I think your first guess was right that you might've told him that he should pay more since you did hit your head. But yea I know soooo much how you feel!!! Even though I was in a minor fender bender, I just got in a car accident and even though I still told the person she's at fault. She was backing out of her driveway and her friend was trying to jumpstart her car, I still was like well there was a car blocking me from seeing you, you obviously didn't look far enough, she's trying to call me again so that I will pay for her car which her idea makes no sense b/c her damage was 1700 dollars much more than mine. Not only that, I don't even remember whose fault it was because I automatically thought it was my fault because I had never got into a car accident before but yea I've barely been able to sleep sometimes because I'm worried I'm going to run into her and she's going to file a police report on me. Even though if it came to that I could potentially contact a lawyer, I'm mad about the entire thing because I go to school on a small campus and I could potentially run into her. But yea, I just want it to all end and she to just delete my number and that's it. I'm really tempted to block her or change my number.


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## eburian (Feb 21, 2011)

BIG HUGE HUG 

http://momeee.com/wp-content/uploads/10..jpg


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## WindowLicker (Aug 3, 2010)

eburian said:


> OMG THANK YOU SOO MUCH FOR POSTING THIS!!! but yea to answer your question I think your first guess was right that you might've told him that he should pay more since you did hit your head. But yea I know soooo much how you feel!!! Even though I was in a minor fender bender, I just got in a car accident and even though I still told the person she's at fault. She was backing out of her driveway and her friend was trying to jumpstart her car, I still was like well there was a car blocking me from seeing you, you obviously didn't look far enough, she's trying to call me again so that I will pay for her car which her idea makes no sense b/c her damage was 1700 dollars much more than mine. Not only that, I don't even remember whose fault it was because I automatically thought it was my fault because I had never got into a car accident before but yea I've barely been able to sleep sometimes because I'm worried I'm going to run into her and she's going to file a police report on me. Even though if it came to that I could potentially contact a lawyer, I'm mad about the entire thing because I go to school on a small campus and I could potentially run into her. But yea, I just want it to all end and she to just delete my number and that's it. I'm really tempted to block her or change my number.


you're welcome ^.^
Sounds like you had the right a way. It should be the insurance companies handling it, not her so yeah for her to call u and say that, is really unusual. Did you file a report with the police? They listen to both of your stories and compare it to the damage on the vehicles so they help determine who is liable, and you make a claim with your insurance companies, and THEY pay it not you.
I know that feeling though, constantly thinking this car next to you is going to cause an accident. I hate driving now.


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## jennandtonic (Dec 1, 2011)

WindowLicker said:


> you're welcome ^.^
> Sounds like you had the right a way. It should be the insurance companies handling it, not her so yeah for her to call u and say that is really unusual. Did you file a report with the police? They listen to both of your stories and compare it to the damage on the vehicles so they help determine is liable, and you make a claim with your insurance companies, and THEY pay it not you.
> *I know that feeling though, constantly thinking this car next to you is going to cause an accident*. I hate driving now.


Semi OT: On the bolded bit, I can totally sympathize with you and with @eburian. Last August I was going on a turnpike in the left lane (the fast lane) 70 mph and a car pulled in front of me about 5 car lengths ahead of me going 35 mph. I braked immediately but it wasn't enough, because he was too close. So I turned the steering wheel to the left, thinking I could minimize damage and my car spun out and hit the middle barrier several times. I didn't hit him but I totaled my car. I was SO LUCKY though because I wasn't injured at all. I don't know HOW I wasn't, but I walked away. His insurance paid me for my car, becaue he was going too slow in the left lane, impeding the flow of traffic. Ever since then I'm mostly okay driving, but I get a nervous driving when there are a lot of drivers on the highway.

Back on topic: as @Snakecharmer said, talk to a lawyer to see what your options are. I've seen insurance companies be really generous (like in my case) and really stingy and not want to pay for anything (after a friend of mine's wreck). Head injuries are no joke, and can manifest later in varied ways. The fact that you have had migraines since then indicates that there's an issue, so DEFINITELY discuss with your doctor. And get a recommendation for a specialist or for a second opinion if your doctor doesn't help.


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## WindowLicker (Aug 3, 2010)

@jennandtonic Thats must have been scary as hell. You never think someone would do that, but some people are crazy stupid. You're really lucky, I mean I knew I got injured because I hit my head but like with all the adrenaline pumping I didn't feel any pain for at least 10 minutes after talking to the firemen. You could've been injured, something like that not even whiplash? 

I have an appointment with a Dr tomorrow. I am considering hiring a lawyer now because I'm thinking about asking for up to $10,000. Thanks to this accident I'm behind in my classes and I got a C on one of my exams because of a migraine I had to just bite the bullet on and I missed some really obvious questions. I have like $4000 in federal aid on the line and it just brought my gpa down I don't know if I can even get it now and if I have a serious medical issue whatever these migraines are coming from I'll be left to deal with on my own. 
I get this feeling in my stomach like an electric shock whenever I approach a yellow light now or if a driver is next to me on the freeway like I think "this guys not even paying attention." A car drove like 1/16th into my lane and I nearly lost it. I saved this guy on his bicycle he was almost hit by a car last week neither could see each other and the driver was hauling. Today I saw a car with its blinker going and the guy next to him was in his blind spot they were both SUVs right in front of me. I'm really aware of all this stuff going on, but my instincts are down because I'm scared. I know what could happen now.


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## jennandtonic (Dec 1, 2011)

@WindowLicker I know, I can't believe I didn't get whiplash either. I think it helped that when I hit the guardrail it hit on the right side of my car, and I _think_ it also helped that my first instinct was to grip the steering wheel as hard as I could, so I didn't end up flopping around as I might have when the car was spinning. My hands tingled afterward, I'm not sure if it was because of the adrenaline or because I was using a death grip on my steering wheel. At any rate, after I calmed down they stopped tingling. I did get surface cuts on my legs because a good bit of the windshield shattered and the glass imbedded in my jeans...but the surface cuts didn't even bleed...I just had to throw away the jeans. Needless to say, I was SO lucky.

I don't blame you for asking for that much, because of the effects these migranes have had, and mightcontinue have on you. I'm glad you're going in to take care of this...so many people get injuries like this and don't get it looked at or don't ask for what they deserve from insurance companies.

I know what you mean! So many people don't pay attention, and I am REALLY hypersensitive about that...not that I wasn't aware of it before, but now it's really heightened. I get the same feelings you describe when I see an accident waititing to happen, too...and I get nervous when I notice people driving in others' blind spots, or in my blind spot. And I get ESPECIALLY nervous when I'm on the highway and come up to on/off ramps, because so many people don't pay attention as they're merging or getting off the highway.

Toward the end of last year I had to tell a friend that I would not be riding as a passenger when she drove anymore because she started texting while I was a passenger one night--she ran a red light and almost had an accident, both without even realizing it. I tried to tell her as nicely as I could but I think she was a little offended. She said "I'm a great texter and driver! I don't even look at my phone!" It's a little horrifying that people are so delusional about their own abilities. Before my accident, I might not have said anything, I just wouldn't have ridden with her again. This time, i directly addressed it because it scares me far more than it used to--I know what could happen if she keeps doing this.


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## Up and Away (Mar 5, 2011)

I'd ask 5 grand.


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## WindowLicker (Aug 3, 2010)

I got flashed by a camera at a 3 second yellow by a car dealership today, X.X 
I was like 3 of those dashes away from the light which are ten feet each when it turned yellow and I didn't wanna get rear ended. It turned red while I was in the intersection. They're going to use that against me.
I was going to hire a lawyer and go to trial and everything. fml fml fml...


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## WindowLicker (Aug 3, 2010)

Nevermind the last post. I'm safe. 

@jennandtonic
Thats good you knew what to do. I did the same thing but it didn't stop me from hitting my head. I'm still scared to drive now I've noticed how bad everyone has been driving its nerve wracking. My dr said something about PTSD with driving and when people get in accidents they can develop it. He also let me know hes got a couple lawyers that could handle this because it may be a long term medical problem and sometimes the medical costs outweighs the amount they offer so I should consider it.

@Souled In this case where I've received minor brain injury its unknown what the effects could be long term. 5k wouldn't be enough to cover one trip to the hospital if anything happened. On top of that theres general discomfort and headaches are a major problem that interferes with my life/schooling and is an inconveniance that was brought upon me by the other driver. Why should I resolve on that amount if it means I might have to pay a 6k medical bill 6 months from now and still be left with nothing from the accident.


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