I was rearended a few months ago. I did not think we needed to call the police because it seemed pretty cut and dry. I was sitting at a light and an 18 year old girl didn't realize she was coming to a red light hit me. We exchanged information. I called both insurance companies immediately. The next morning I could hardly move, my neck and back hurt. I went to the ER and used my auto insurance for the bill. I didn't know I could use my health insurance. Her insurance called me a few days after the accident and discussed a settlement. I told her I would be seeing my dr that afternoon and until I knew what was wrong with me I didn't want to do anything. My insurance company called wanting a recorded statement. Not knowing what to do I got an attorney. By the following week her insurance company called and said that the girl had an independent witness who saw the accident and didn't know either one of us who said I changed lanes and that is why she hit me so the insurance company was denying my claim. It took a few weeks but finally after I suggested checking myspace for the girl and her witness my attorney found them listed as friends for the past several years. I was also able to identify the witness as being in the vehicle, so thir story was proven to be a lie. So finally her insurance agreed to liability. I have been in Physical Therapy since the accident but now must stop Physical Therapy so I can have surgery that I was suppose to have 2 weeks after the accident but couldn't have because my Dr refused to do the surgery due to me being treated for my back and neck pain. I must have the surgery as it has to deal with female problems and I can no longer take the problems it is causing by not having it. I want to settle this claim and put this whole nightmare behind me. It took almost 2 months before it was determined who was handling the claim, my insurance or her insurance and who was at fault, my car was just fixed 2 months after the accident and the stress during this whole thing has been insane not to mention the problems I am having from not having surgery when it was originally scheduled. I have read that settlements can be a max of 5 times the medical but I have also heard that I may have extenuating circumstances that may increase the settlement. It's not really about the money but more about the "pain and suffering" payment is suppose to help you feel whole again thing, and I feel like I have been through quite allot as a result of this whole thing. I would feel greedy asking my attorney since she hasn't mentioned the possible settlement amount. Do you think my claim is typical or that there might be reason for a higher settlement?

What has your attorney advised? They frequently work on contingancy so if he doesn't think you have case then you probably don't. By the way, I always recommend you call the police in these circumstances. And another thing... keep a cheap disposable camera in your car. If, God forbid, you are in an accident, take a picture of your car, then one of the other car then another of yours... then another of the other car. Then finish the roll the roll off by taking pictures of EVERYTHING ELSE around the cars... witnesses and such. This can prove invaluable. I'm sorry this advise may be too late for your case but hopefully others will read this and be able to protect themselves.

I have also found out the hard way that you always call the police, no matter how little damage is caused.

You need to have a full discussion with your attorney. He works for you, don't be intimidated. If you feel nervous, write down your concerns and questions you want answered so you don't get distracted (I have to do that with my doctor.)

I have been on both sides of this kind of accident. I got whiplash and never proceeded with it, because I wanted to be nice and as long as my car got fixed, etc. I missed a lot of work that I didn't get paid for because I didn't file the claim. I was 20 and really dumb about how things work.

On the other hand, just a couple of years ago, my husband was at fault in an accident. Cops were called but no ambulance was needed. We knew we (or the insurance co, rather) would be served with the damages to the vehicle and I was expecting a reasonable amount for pain and suffering, but one of the occupants wanted $250,000.00. I nearly passed out - our insurance was good - but didn't cover that high. I have to plug GEICO here because they really went to bat for us and fought like crazy (yeah, it's their money - but they could have easily paid our max. amount then let her sue us for the balance.) They negotiated to a REASONABLE amount and it took almost 18 months to settle.

Talk to your attorney, make them earn their fee.

My attorney has been blowing me off for months. I stopped back and neck treament so I could have a hysterectomy in May. For 2 months my attorney told me he was waiting on the medical info. I called in July and was told that no medical info had be requested from the ER, the DR, or the Physical Therapist. So I obtained all of the medical info myself and sent it to the attorney. Still he has done nothing. I sent him an email last week and asked for the status. He said after a lot of hard work we finally obtained the medical bills so we will have the demand letter done on Monday. Monday was yesterday and I still haven't heard anything and he lied, they didn't do any work on the medical info, I did. My attorney won't even tell me what he is thinking of for Pain and Suffering, he will figure that out when he does the demand letter. I am now wondering if I can fire my attorney. Is that possible? If I were to do this myself, how would I know how much to ask for. I owe close to $7000 in medical bills and I need to payback my vehicle insurance and my health insurance.