The Shoulder
The Shoulder
59
Insurancewise-tern-498

At-fault driver vanished after T-boning me — my own insurance is paying but what about MY pain?

This whole situation has been a nightmare and I'm honestly not sure what I'm doing wrong or what I'm missing.

About two weeks ago I was driving through an intersection on a green light when a car ran the red and slammed right into my driver's side door. The impact spun me around and I ended up against a curb. Airbags went off, and I've got friction burns on my forearm plus some pretty gnarly bruising across my chest from the seatbelt — which I know saved me, but still.

The other driver pulled over at first and then, I kid you not, got back in her car and left before the police even arrived. So I have her plate number and that's basically it. No insurance info, no name, nothing.

I filed under my own uninsured motorist and collision coverage, and my car is pretty much a total loss. I've been to urgent care twice now — my lower back is in bad shape and I've had constant headaches since the crash. I also missed almost a full week of work because I literally could not sit at a desk without being in agony.

Here's where I'm confused: my adjuster keeps asking me to send in medical bills and receipts, but nobody has said a single word to me about the pain I'm dealing with, the lost wages, or the stress this has caused. I'm a single parent and this is my only car, so I've been cobbling together rides just to get my kid to school.

Is pain and suffering something I have to specifically ask about? Does it just get folded into whatever settlement they offer? I feel like I'm navigating this completely blind and I don't want to accidentally close things out before I'm even done treating. Any advice from people who've been here would mean a lot.

10replies

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10 replies

  • 21
    daring-newt-419

    I was in almost this exact spot about a year and a half ago — uninsured driver, my own policy picking up the tab. What I learned the hard way is that your adjuster is NEVER going to bring up pain and suffering on their own. They're waiting to see if you know to ask. Document absolutely everything: every doctor visit, every bad night of sleep, every time you couldn't pick up your kid because of your back. That stuff matters when it's time to talk numbers.

  • 19
    bright-dove-372

    Three things: stop talking to the adjuster on the phone — put everything in writing via email so you have a record. Don't sign anything until your treatment is fully wrapped up. And get at least one free consultation with a PI attorney before you do either of those things. That's it. That's the whole checklist.

  • 16
    warm-marten-470

    The headaches and back pain after an impact like that are really common and they can linger or even get worse before they get better. Please don't downplay your symptoms to your doctors because you feel like a burden or like it's 'not that bad.' Your medical records are your paper trail. If you're still hurting, say so clearly at every appointment and make sure it's being documented.

  • 11
    mellow-wolf-962

    Not legal advice, but this kind of situation — uninsured at-fault driver, injury claim against your own UM policy, a file that's already been opened — is exactly when a free consult with a personal injury attorney is worth your time. A lot of people don't realize that UM claims can still be adversarial even though it's your own insurance company. Having someone in your corner who knows how to value a claim (including pain and suffering and lost wages) can make a significant difference in what you actually walk away with.

    • 2
      gentle-driver633

      This is exactly what I needed to read today. Thank you.

  • 9
    wise-crane-479

    Please, please do not send in your medical bills and then let them close the file. That's the move they're hoping you'll make. Once you accept a settlement and sign a release, it's done — even if your back gets worse next month. Don't let them rush you.

    • 11
      sharp-swan-054

      I used to work claims and I'll be straight with you: pain and suffering, lost wages, and diminished quality of life are all real components of a personal injury claim, but adjusters work the file you hand them. If you only send bills, you'll only get bills covered. You need to put your lost wages in writing with documentation from your employer, and you need to explicitly state that you are reserving your right to claim general damages including pain and suffering. The squeaky wheel really does get the grease here.

  • 9
    bold-raven-574

    A few things worth knowing: under most uninsured motorist policies, you're entitled to the same damages you could have collected from the at-fault driver — that typically includes medical expenses, lost income, AND pain and suffering. The key is that you should not settle anything until you've reached what doctors call 'maximum medical improvement,' meaning your treatment is basically complete and you know what the long-term picture looks like. Settling too early is the single biggest mistake I see people make.

    • 5
      clear-newt-248

      I'm so sorry you're dealing with this on top of everything else going on in your life. It's genuinely unfair that the system puts so much of this burden on the person who did nothing wrong. Please don't be afraid to advocate loudly for yourself — you deserve to be made whole, not just partially covered.

    • 3
      patient-parent145

      Did you have to escalate, or did they come around after the first ask?