Whiplash settlement experience?

Questions on how we spend our money and our time - consumer goods and services, home and vehicle, leisure and recreational activities
Post Reply
Topic Author
investingdad
Posts: 2139
Joined: Fri Mar 15, 2013 10:41 pm

Whiplash settlement experience?

Post by investingdad »

Without going into a lot of detail, I was rear ended while stopped. The impact was at low speed, maybe 10 mph, but my car was in park so my head took a shot from the headrest.

Checked out by urgent care, no serious injury or concussion, but headaches next day that cleared up within 36 hours. No other injuries. It’s been about a week now.

Car has $5000 damage and other party’s insurance has accepted full responsibility.

Aside from covering full property damage and medical bills they offered $500 for pain and suffering, I have full tort policy.

I’m not seeking a big payout but don’t want to find out in six months I’m having recurring issues. I’ve given this same account to both mine and other party’s insurance providers because it’s truthful.

Do I decline for now? Losing $500 but having options in 12 months if I have issues is fine for me. Do I ask for more? What’s typical for what I think is minor but was for sure 24 hours of headaches?
User avatar
quantAndHold
Posts: 10141
Joined: Thu Sep 17, 2015 10:39 pm
Location: West Coast

Re: Whiplash settlement experience?

Post by quantAndHold »

Have you talked to a personal injury attorney? It might be worth a chat. If they offered you $500 to go away, I’m guessing that a quick letter from an attorney might get more. Regardless, it’s worth it to run this by someone who knows how the sausage is made.
User avatar
ResearchMed
Posts: 16795
Joined: Fri Dec 26, 2008 10:25 pm

Re: Whiplash settlement experience?

Post by ResearchMed »

When was this?

If very recent, then please consider waiting a bit before accepting any offer/settlement. Just in case there is some soft tissue damage that starts to cause pain, you should be able to recover money for any therapy needed, as well as perhaps some token for pain and suffering, etc.

RM
This signature is a placebo. You are in the control group.
Topic Author
investingdad
Posts: 2139
Joined: Fri Mar 15, 2013 10:41 pm

Re: Whiplash settlement experience?

Post by investingdad »

It happened about a week and a half ago.

I was thinking of waiting just in case I have some issues pop up later. I don’t think they will, and said as much, but... never had this happen either.

Seems like it would better to wait.
Topic Author
investingdad
Posts: 2139
Joined: Fri Mar 15, 2013 10:41 pm

Re: Whiplash settlement experience?

Post by investingdad »

quantAndHold wrote: Wed Mar 24, 2021 7:44 pm Have you talked to a personal injury attorney? It might be worth a chat. If they offered you $500 to go away, I’m guessing that a quick letter from an attorney might get more. Regardless, it’s worth it to run this by someone who knows how the sausage is made.
Nope, but I have an attorney I chat with for minor things that pop up every decade of so. Maybe a quick call?
mhalley
Posts: 10432
Joined: Tue Nov 20, 2007 5:02 am

Re: Whiplash settlement experience?

Post by mhalley »

Call Handel on the law. I’m sure he will say you have NO CASE.(He always says soft tissue injuries have little settlement value)
https://www.handelonthelaw.com/
alfaspider
Posts: 4816
Joined: Wed Sep 09, 2015 4:44 pm

Re: Whiplash settlement experience?

Post by alfaspider »

mhalley wrote: Wed Mar 24, 2021 8:07 pm Call Handel on the law. I’m sure he will say you have NO CASE.(He always says soft tissue injuries have little settlement value)
https://www.handelonthelaw.com/
No competent lawyer can make such a statement without knowing the jurisdiction in question and more detail than what was provided in this post.
Double Chin Finn
Posts: 16
Joined: Sat Jun 23, 2018 2:52 am

Re: Whiplash settlement experience?

Post by Double Chin Finn »

I had a similar incident recently. Another car hit me during a heavy rain storm. My car was a total loss. I was fortunate to be able to survive it. Thankfully I only had soft tissue injuries. Whiplash and some minor bruises. The other party's insurance accepted full liability. They called me a few days after the accident and offered me $1250 for pain and suffering. I told them that I needed the weekend to make a decision. I countered for $2500 and we agreed on $1750. I haven't had any complications since the accident and I feel fine, so it was easy money for me.

In retrospect, I would have waited a few weeks to see if any additional symptoms would have surfaced (worsening headaches, neck pain, brain damage, etc). I would at least consult an attorney in your case. I don't think you have to decide right away on whether or not you want to accept their offer. You should be able to tell them that you will need some time to decide. They will probably leave the $500 settlement on the table as long as it is within your state's statute of limitations. They essentially want to clear you off their books as quickly and cheaply as possible. They have accepted full responsibility for the accident. The last thing they want is for you to lawyer up and sue them for the person's policy limits or find out that you have lasting damage which will require long term treatment. If you decide to settle with them right away, you should at least negotiate for a higher amount. The $500 settlement is them lowballing you. The adjuster should always have a settlement range that they are allowed to play with. They have full expectation that you would ask for more and they would be willing to agree to your counter if it is within what they are allowed to accept.
surfstar
Posts: 2853
Joined: Fri Sep 13, 2013 12:17 pm
Location: Santa Barbara, CA

Re: Whiplash settlement experience?

Post by surfstar »

alfaspider wrote: Wed Mar 24, 2021 8:23 pm
mhalley wrote: Wed Mar 24, 2021 8:07 pm Call Handel on the law. I’m sure he will say you have NO CASE.(He always says soft tissue injuries have little settlement value)
https://www.handelonthelaw.com/
No competent lawyer can make such a statement without knowing the jurisdiction in question and more detail than what was provided in this post.
That's exactly what Handel would say! :D lol *as in, he is not competent
"marginal legal advice" - and he means it! [listening to Handel on the news right now, podcast]
jello_nailer
Posts: 571
Joined: Sun Apr 07, 2019 10:20 pm

Re: Whiplash settlement experience?

Post by jello_nailer »

I had a similar experience with nearly the same level of damage, though the speed I was hit may have been a little more. I settle a year and one day later. They pushed me hard to get this liability off their books for the first 6 weeks until I finally told them to quit harassing me. I'll call you when I'm confident I'm alright. I called a year later to the day and we came to an agreement in 4 minutes flat. I had the check the next day via Fedex. I wasn't playing hardball or being a pig but the whole thing was a PITA and $1k wasn't going to do it. I was pretty sure they didn't want a 60 something walking around with a potential liability. It was more than your $1750 and a decent, reasonable deal for both parties. It must have been as they were on it like white on rice...

Was there more money left on the table? probably. That wasn't my goal.
archii
Posts: 140
Joined: Wed Aug 07, 2013 8:33 am

Re: Whiplash settlement experience?

Post by archii »

After my car was hit from behind a few years back, I felt okay at first but then started having some neck pain. [An off-topic comment was removed - Moderator ClaycordJCA.]
Glockenspiel
Posts: 2438
Joined: Thu Feb 08, 2018 12:20 pm

Re: Whiplash settlement experience?

Post by Glockenspiel »

I would NOT accept this $500 for pain and suffering. I would wait and talk to a personal injury attorney in the meantime. You could have fractured a vertebrae, a disk herniation, reduced range of motion in your neck/back, etc. Accepting the money fully releases their liability for anything you experience down the road. I'd ask for $50,000 if they want to accept it now, or less if they want to wait a year.
bob60014
Posts: 3768
Joined: Mon Jul 31, 2017 8:59 pm
Location: The Land Beyond ORD

Re: Whiplash settlement experience?

Post by bob60014 »

You're responding to a two year old thread. I would hope the OPs pain & suffering are long gone. ;)
Post Reply