So I was in a car accident...

[Crazy Flamer]

A few months ago I was rear ended just off the 16 ave NW. There was some damage to my car, which will be fixed very soon through the other party's insurance. My question has more to do with compensation for personal injury.

Due to the accident, I suffered some injuries, mainly in my neck and back. I went to the doctor and he reccomended physio and massage. I've been going to physio for about 5 weeks now and I feel almost 100%. I suffered grade II injuries, meaning I was entitled to 21 treatments through a combination of physio, massage and chiropractic services.

Now that I'm all healed up, I'm wondering how I approach getting compensation for my injuries. I was in an accident like this several years ago, but I know insurance laws have changed. To my knowledge, there is now a cap as to how much insurance companies pay out for small injuries. I believe it is $4,500. Is that still the case? How serious do my injuries have to be to get the whole $4,500?

If anyone has been through a similar situation, please feel free to share it. Any lawyers out there.. cough, cough (troutman), cough, that can confirm the cap is sitll $4,500?

Any info would be awesome!

[Shazam]

1) Get into accident
2) Wear neck thingy
3) PROFIT!!

[jolinar of malkshor]

Originally Posted by Crazy Flamer

A few months ago I was rear ended just off the 16 ave NW. There was some damage to my car, which will be fixed very soon through the other party's insurance. My question has more to do with compensation for personal injury.

Due to the accident, I suffered some injuries, mainly in my neck and back. I went to the doctor and he reccomended physio and massage. I've been going to physio for about 5 weeks now and I feel almost 100%. I suffered grade II injuries, meaning I was entitled to 21 treatments through a combination of physio, massage and chiropractic services.

Now that I'm all healed up, I'm wondering how I approach getting compensation for my injuries. I was in an accident like this several years ago, but I know insurance laws have changed. To my knowledge, there is now a cap as to how much insurance companies pay out for small injuries. I believe it is $4,500. Is that still the case? How serious do my injuries have to be to get the whole $4,500?

If anyone has been through a similar situation, please feel free to share it. Any lawyers out there.. cough, cough (troutman), cough, that can confirm the cap is sitll $4,500?

Any info would be awesome!

Shouldn't your insurance agent know all this? They should be the ones talking to the other insurance company on your behalf.

[troutman]

Originally Posted by Crazy Flamer

A few months ago I was rear ended just off the 16 ave NW. There was some damage to my car, which will be fixed very soon through the other party's insurance. My question has more to do with compensation for personal injury.

Due to the accident, I suffered some injuries, mainly in my neck and back. I went to the doctor and he reccomended physio and massage. I've been going to physio for about 5 weeks now and I feel almost 100%. I suffered grade II injuries, meaning I was entitled to 21 treatments through a combination of physio, massage and chiropractic services.

Now that I'm all healed up, I'm wondering how I approach getting compensation for my injuries. I was in an accident like this several years ago, but I know insurance laws have changed. To my knowledge, there is now a cap as to how much insurance companies pay out for small injuries. I believe it is $4,500. Is that still the case? How serious do my injuries have to be to get the whole $4,500?

If anyone has been through a similar situation, please feel free to share it. Any lawyers out there.. cough, cough (troutman), cough, that can confirm the cap is sitll $4,500?

Any info would be awesome!

Send me a PM, and I'll get you in touch with my partner who specializes in this area, for a free consult.

[Table 5]

get a lawyer. that's the first think you should do. i was in a similar situation a few years ago, and getting legal council is very important.

[Bill Bumface]

Originally Posted by Table 5

get a lawyer. that's the first think you should do. i was in a similar situation a few years ago, and getting legal council is very important.

I didn't get a lawyer and when they insurance agent came to settle I was shocked at how much they offered me. All I asked was that if my back went to sh*t again in the year after that I would recieve reimbursement for any further required physio. They said sure, and I happily signed my name and took my cheque. At first I felt it was rediculous to get money for that, but my back has never been the same, so I guess it works out in the end.

[The Goon]

Originally Posted by hulkrogan

I didn't get a lawyer and when they insurance agent came to settle I was shocked at how much they offered me. All I asked was that if my back went to sh*t again in the year after that I would recieve reimbursement for any further required physio. They said sure, and I happily signed my name and took my cheque. At first I felt it was rediculous to get money for that, but my back has never been the same, so I guess it works out in the end.

Shocked as in "Wow, that's a lot of money", or shocked as in "How dare you insult me with your offer"?

I'm in the exact same situation as Crazy Flamer (I started this thread shortly after the accident), and an adjuster, representing the guy who hit me, is now putting together all the information to make me an offer.

I'm not interested in pursuing it through a lawyer. I feel fine now, and my main goal is putting the whole thing behind me. My desire with the compensation is that it is worthwhile for the inconvenience I've gone through.

[Crazy Flamer]

Originally Posted by hulkrogan

I didn't get a lawyer and when they insurance agent came to settle I was shocked at how much they offered me. All I asked was that if my back went to sh*t again in the year after that I would recieve reimbursement for any further required physio. They said sure, and I happily signed my name and took my cheque. At first I felt it was rediculous to get money for that, but my back has never been the same, so I guess it works out in the end.

Can I ask how long ago this was and how much you got?

The thing about getting a lawyer, is that if there is a cap I dont want a lawyer taking 20-30% of such a small amount when I could easily negotiate that amount myself.

[Table 5]

Originally Posted by hulkrogan

All I asked was that if my back went to sh*t again in the year after that I would recieve reimbursement for any further required physio.

Did you actually read the document and it stated this in fact, or did you take the guy's word it? These people are in the business of making you sign on the dotted line....not always the most trustworthy. Something tells me you signed off any further responsibility.

As well, if this is what you got offered straight out of the bag, the only direction it could have gone is up.

[return to the red]

I was informed a few years ago that I was being sued as I rear-ended a lady...Even though my insurance covered it I was very ****ed at the fact that she was seeking compensation a YEAR after the accident happened.

Too many people out there looking to make a quick buck.

Not saying anyone in this thread is one of those people but it seems like people are seeking compensation for the smallest bump and it makes me sick!

[Coolsurfer79]

The cap only applies to accidents that happened after the cap was instituted. If the accident was previous to the cap being put into place, then the claim does not fall under the cap.

[ken0042]

Originally Posted by return to the red

Not saying anyone in this thread is one of those people but it seems like people are seeking compensation for the smallest bump and it makes me sick!

I once witnessed a slight accident- a guy pulling into a parking spot over shot by about 1/2 a centimetre, so he hit the car in front doing about 1 km/h and didn't even move it far enough to make the transmission park brake kick in. The two women got out of the car both holding their necks, and the one started exclaiming "ow, our necks, our necks!"

Last time I was in pain I really didn't vocalize the other person's pain.

She got quite mad at me when I gave my contact info to the guy and not her; with me explaining that he was the victim. The police had me come down and give a statement, and the guy phoned me a couple of months later to thank me; the women were threatened with charges and they dropped their lawsuit.

[return to the red]

Originally Posted by ken0042

I once witnessed a slight accident- a guy pulling into a parking spot over shot by about 1/2 a centimetre, so he hit the car in front doing about 1 km/h and didn't even move it far enough to make the transmission park brake kick in. The two women got out of the car both holding their necks, and the one started exclaiming "ow, our necks, our necks!"

Last time I was in pain I really didn't vocalize the other person's pain.

She got quite mad at me when I gave my contact info to the guy and not her; with me explaining that he was the victim. The police had me come down and give a statement, and the guy phoned me a couple of months later to thank me; the women were threatened with charges and they dropped their lawsuit.

good on you for not only telling it like it was but also taking the time to do it.

[Bill Bumface]

Originally Posted by The Goon

Shocked as in "Wow, that's a lot of money", or shocked as in "How dare you insult me with your offer"?

"Wow! Thats a lot of money!"

Originally Posted by Crazy Flamer

Can I ask how long ago this was and how much you got?

PM'ed

Originally Posted by Table 5

Did you actually read the document and it stated this in fact, or did you take the guy's word it? These people are in the business of making you sign on the dotted line....not always the most trustworthy. Something tells me you signed off any further responsibility.

As well, if this is what you got offered straight out of the bag, the only direction it could have gone is up.

The had to re-write the document and come back with it. It had this clause for sure. I'm sure I could have gone up from what they offered, but it was about 4 times more than what I was expecting. It sort of irks me when people are paid rediculous sums for minor injuries, that is the same reason I was paying $3,500 per year in insurance at the time with a clean record. I felt I was more than fairly compensated.

[Shazam]

Originally Posted by ken0042

I once witnessed a slight accident- a guy pulling into a parking spot over shot by about 1/2 a centimetre, so he hit the car in front doing about 1 km/h and didn't even move it far enough to make the transmission park brake kick in. The two women got out of the car both holding their necks, and the one started exclaiming "ow, our necks, our necks!"

Yeah, but did you get their phone numbers?

[troutman]

Auto Insurance Reform in Alberta (ACTLA Position Paper):

http://www.actla.com/otherfiles/pdf%...ERApril-05.pdf

[automaton 3]

It is still very important to contact a lawyer. Many lawyers will offer an intial 1/2 hour or hour meeting for no charge. Take advantage of that so you are fully informed of your rights.

Remember the $4000 cap only applies to sprains and strains - other injuries are excluded. It also only covers up to a WAD II injury, with $4000 theoretically being for the worst WAD II injury.

As troutman has pointed out, the Minor Injury Regulations are currently being tested in front of the Courts. I personally think that the Charter challenge has the best chance, but we'll see.

I used to practice as an insurance defence lawyer, but now do mostly commercial work and real estate. The adjuster's first offer is almost never their best or final offer. The claim is assessed at various stages and the insurance company sets a reserve, or essentially sets aside $ to pay the claim. They then grant the adjuster or legal counsel a $ figure or "authority" to settle the claim. You almost never start at your best number when negotiating.

Some low speed rear impact claims were very suspect. Quite often we'd get surveillance of a person claiming disability doing things like hard core weight training at the gym or shoulder checking showing a full range of motion when they show up at the discovery wearing a neck brace. We'd also often catch people stretching the truth or outright lying at discovery. However, some people were also legitimately hurt for a long time from what looked like very minor accidents.

Bottom line again - be aware of your rights - it never hurts. Remember as well that what may seem like a fairly minor injury now may actually cause degenerative changes which will only get worse with age.

[troutman]

Good post automaton 3. Welcome. Nice to have some "learned friends" here.

Is Real Estate going nuts in Lethbridge too?