The Shoulder
The Shoulder
58
Insuranceplain-elk-274

Adjuster keeps pushing me to settle and I'm still getting dizzy spells daily — what do I do?

I'm not even sure where to start with this. It's been about four months since my accident and I am genuinely nowhere near feeling like myself, but the other driver's insurance keeps calling and dropping hints that we should "wrap things up soon."

My biggest ongoing issue is these dizziness episodes — my doctor suspects it's related to a mild TBI from the impact. I also have neck stiffness that flares up randomly, and I get these tension headaches that wipe out entire afternoons. I have an Independent Medical Exam scheduled for next week and honestly I'm terrified they're going to say I'm fine and use that to pressure a settlement.

Here's what I'm currently working with recovery-wise:

  • Weekly appointments with a vestibular physical therapist (she's incredible)
  • A balance board I use every morning, badly
  • Eye-tracking exercises my PT gave me — they make me nauseous but apparently that means they're working??
  • A cervical traction pillow my PT recommended that looks genuinely medieval
  • Ice packs and a heating pad depending on the day
  • Propranolol for the headaches
  • A symptom journal I write in every single day because I kept forgetting details
  • Telehealth sessions with a therapist who specializes in trauma

Has anyone else dealt with an IME while you were still actively symptomatic? I'm worried about downplaying things accidentally or not explaining how bad the bad days really are. Any tips for getting through this without tanking your own case? I feel like I'm being rushed toward a finish line my body hasn't crossed yet.

10replies

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10 replies

  • 6
    plain-fox-561

    Oh this hits so close to home. I had my IME when I was still having symptoms every single day and I made the mistake of being too "polite" during it — said things like "it's getting better" when really I meant better than the worst day, not better than before the crash. Be specific. If you have a bad day and a worse day, describe BOTH when they ask how you're doing.

    • 17
      quick-vole-951

      That "wrap things up soon" language from the adjuster is a tactic. They know the longer you wait (up to a point), the clearer your damages become — and that works against them. They want you to settle while you're still uncertain about your own recovery. The dizziness alone could have long-term implications you don't even know about yet. Don't let their timeline become your timeline.

    • 6
      soft-spoken-overpass994

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 8
    bright-newt-740

    I used to work on the insurance side and I'll be straight with you: the IME doctor is hired by the insurance company. That doesn't mean they'll lie outright, but they are not your advocate. Bring your symptom journal, bring any records you have, and answer every question literally and carefully. Don't minimize. Don't exaggerate. Just be precise. "On my worst days I cannot drive" is more useful than "I've been pretty dizzy."

    Also — the pressure to settle quickly is very standard practice. It saves them money. That doesn't mean you have to play along.

  • 11
    warm-grouse-195

    Vestibular issues after a TBI can genuinely take a long time to resolve, and they can also be really invisible to people around you — including an IME examiner who spends 45 minutes with you on a decent day. Your symptom journal is GOLD. Bring it. Reference it. Dates, duration, what triggered it, how it affected your ability to do normal things. "I couldn't cook dinner Tuesday because I couldn't stand at the stove without grabbing the counter" is way more powerful than "I get dizzy sometimes."

  • 15
    hearty-fox-154

    A few practical things: You generally don't have to settle until you've reached what's called "maximum medical improvement" — basically the point where your doctors have a clear picture of your long-term prognosis. If you're still actively treating and still symptomatic, you're probably not there yet. That's a legitimate reason to push back on any settlement timeline. Also, get copies of all your medical records and bills now, just to have them organized. Not legal advice, just stuff I've seen matter in these situations.

  • 20
    bold-heron-069

    Not legal advice, but — an IME is a significant moment in a personal injury case and you have every right to have someone in your corner before it happens. A lot of PI attorneys do free consultations and can explain what to expect going in. The fact that you're still symptomatic and being pressured toward settlement is exactly the kind of situation where having even one conversation with an attorney could clarify your options. You don't have to hire anyone — just get informed.

  • 8
    careful-otter-851

    I just want to say — the fact that you're keeping a daily symptom journal, staying on top of PT, AND dealing with all this insurance stress while you're still hurt is a lot. That takes real discipline. I hope you have people around you supporting you through this because it sounds exhausting on top of already being exhausted.

    • 5
      patient-driver697

      Appreciate the detailed write-up. Saving this for later.

  • 19
    humble-newt-693

    Stop answering the adjuster's calls without notes in front of you, or stop answering them at all until you know where you stand. Anything you say gets documented. "It's getting a little better" can become "claimant reported improvement" in their file. You're not being paranoid — you're just playing the same game they are.