The Shoulder
The Shoulder
63
bright-seal-697

At-fault driver's insurer told me to 'just send my bills' — is that really how this works?

So I got rear-ended at a red light a few months back. Pretty clear-cut fault situation — the other driver even admitted it on scene and the police report backs that up. My own insurance has already handled my car, but now they're nudging me to go after the at-fault driver's insurance directly for my injuries.

Here's my problem: I have absolutely zero experience with this. I called the other driver's insurer to let them know I'd be pursuing a bodily injury claim and the rep on the phone was weirdly... casual about it? She just said "sure, gather your medical records and send them over and we'll take a look." That felt too simple.

For context on my injuries — I went to urgent care two days after the crash because my neck and upper back were killing me. Got diagnosed with muscle strain and a possible soft tissue issue they wanted me to follow up on. I ended up missing about a week of work and I've been going to physical therapy ever since. It's been slow going.

My actual questions:

  • Is there a formal process to "open" a bodily injury claim or do you literally just send records and wait?
  • What does a lowball offer even look like, and how do I know if I'm being lowballed?
  • Does the time I missed from work factor in, or just the medical stuff?
  • Should I wait until I'm done with PT before sending anything?

I can't really afford a lawyer right now, or at least I think I can't — I honestly don't know how PI attorneys charge. Any guidance from people who've been through this would mean a lot. Feeling pretty lost.

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10 replies

  • 21
    sharp-badger-438

    Not legal advice, but I want to clear something up because I hear this a lot — most personal injury attorneys work on contingency, meaning you pay nothing upfront and they only collect a percentage if you win or settle. So 'I can't afford a lawyer' may not actually be true in your situation. At minimum it's worth a free consultation to understand what your claim might be worth before you start negotiating alone. Soft tissue injuries plus missed work plus ongoing PT can add up to more than people expect, and insurers know that unrepresented claimants typically settle for less.

  • 18
    sharp-bison-698

    The fact that fault is already established and documented is honestly a huge deal. A lot of people are fighting an uphill battle just to prove the other driver was responsible. You're already past that part. The road ahead is annoying and slow, but you're not starting from zero.

  • 17
    tidy-vole-748

    To answer your process question — there's no magic form you fill out to 'open' a bodily injury claim. You typically send a demand package once you've finished treatment (or reached what's called 'maximum medical improvement'). That package includes your medical records, bills, proof of lost wages, and a demand letter explaining what you're asking for and why. The insurer then has a window to respond. They'll either accept, deny, or counter. That back and forth is the negotiation phase. Sending things piecemeal before you're done treating is usually a bad idea because you don't yet know the full value of your claim.

  • 16
    spry-wolf-644

    I went through almost this exact thing after someone blew a stop sign and hit me. That 'just send us your stuff' attitude from the adjuster is VERY normal and honestly part of how they keep you feeling relaxed and unprepared. I made the mistake of sending everything over right away before I was even done treating. Do NOT do that. Wait until you've been discharged from PT or your doctor gives you a clear picture of where you're at. Once you settle, that's it — you can't go back for more.

    • 14
      patient-hare-362

      Former adjuster here, so take this for what it's worth. When a rep sounds casual and says 'just send it over,' that's not laziness — that's a tactic. They're hoping you'll submit a small, incomplete package and accept whatever number they throw back. A lowball offer usually looks like: they cover your ER or urgent care bill, maybe a tiny bit extra for 'pain and suffering,' and completely ignore your lost wages or ongoing treatment. The offer will sound reasonable if you don't know what you're entitled to. Lost wages absolutely count — you just need documentation like pay stubs and a note from your employer.

    • 2
      weary-optimist157

      Same boat here. Did anyone mention a deadline to watch out for?

  • 16
    candid-owl-748

    Three things: 1) Don't settle until you're done treating. 2) Get every single expense documented — mileage to PT, over-the-counter meds, everything. 3) Look up your state's statute of limitations on personal injury claims so you know how much time you actually have. You're not in a race, but you also can't wait forever.

  • 12
    steady-raven-943

    From a medical standpoint — soft tissue and muscle strain injuries are notorious for not showing up fully until weeks later, and PT timelines can be unpredictable. Please don't rush to settle before you and your provider have a realistic sense of your recovery. If there's any chance you'll need continued care or if symptoms change, that matters enormously to your claim. Make sure every appointment, every symptom, every bad night's sleep is documented somewhere — even in your own journal if nothing else.

  • 6
    genuine-tern-990

    Please don't let them record a statement before you know exactly what you're doing. They WILL ask. And anything you say can be used to minimize your claim — like if you say 'I'm feeling a little better' they'll use that. You're not obligated to give a recorded statement to the other driver's insurance. Be careful.

    • 4
      tired-dreamer143

      Really glad you posted an update — gives the rest of us some hope.