Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.
Medical literature is clear. Even after a minor impact, neck pain can easily develop and cause substantial restriction for even previously healthy drivers. Despite understanding this fact of life and medicine, insurance companies will always force their biased views of biomechanics on your personal injury claim. Whiplash is common, and you should understand your rights and responsibilities after a car accident, so the insurance company is unable to take advantage of your situation.
This is a common scene. Whether you are in a parking lot or at a red-light intersection, the minor bumper tap is a regular occurrence out on the roads. Many times, these car accidents result in nothing more than some easily fixable vehicle damage and bruised egos, but body positioning, preparedness, and dumb luck may easily alter your chances of being injured. Even after a slow speed car accident, it is important to take the correct steps. Call the police, exchange information, take photographs, and if you are having any pain, go to your doctor. The likelihood of emergency level pain after a minor impact may be slim but pay attention to your body and react accordingly by presenting to the proper medical provider.
Insurance companies may not view these Minor Impact Soft Tissue (MIST) cases the same as you, I, and practicing medical providers. Medical doctors, chiropractors, and other therapists understand that whiplash pain may be the result of even slow speed accidents. Insurance companies will do anything to limit their exposure. In MIST cases, insurers will hire slanted biomechanical experts to argue that injured drivers could not have possibly been injured. Insurers will retain medical experts who make a living off insurance company payments to disparage your own treating physicians. Especially after a mild impact, low damage auto crash, you must take the appropriate steps to protect your claim.
After a car accident – whether there is a lot of damage or minimal damage – you should always do the following:
1. Call the police
2. Take photographs
3. Exchange insurance information
4. Go to the emergency room, urgent car, or primary care doctor depending on the severity of your symptoms
5. Contact an attorney to ensure your rights are protected
Insurance companies will often try to abuse their insurance policy language or the civil justice system to limit recovery where you have low property damage car accidents. They may try to offer you far less than is expected arguing that you are not entitled to anything do to the minimal nature of the impact. The fact of the matter remains that even slow speed car accidents often lead to substantial pain and suffering. Call the law offices of Magnuson Lowell PS for a free case evaluation. Our experienced attorneys are here to help educate you about your rights after a car accident to ensure you are treated fairly by the insurance company.