The Shoulder
The Shoulder
60
Car accidentskind-grouse-306

First accident ever — terrified I'm already screwing up my claim without knowing it

So this happened about two weeks ago and I'm still kind of in shock honestly. I was stopped at a red light and got rear-ended hard by someone who was clearly not paying attention. My neck and lower back have been killing me ever since, and my car had pretty significant damage to the rear bumper and trunk area.

I filed a claim with the other driver's insurance and they've already called me twice. I didn't say much the first time — just confirmed basic facts — but the second call they started asking really detailed questions about my 'prior medical history' and how I was feeling 'on a scale of 1-10.' It felt weird and kind of pushy so I cut it short.

Here's what I'm freaking out about:

  • Did I already say something that could hurt me?
  • Should I even be talking to their adjuster without a lawyer?
  • My doctor told me to follow up in 4 weeks but I'm wondering if I should push for imaging sooner given how much pain I'm still in
  • Is it too early or too late to talk to a personal injury attorney?

I've never dealt with anything like this before. I own a small landscaping business so being laid up is already costing me real money. I just don't want to make a rookie mistake and end up getting lowballed or worse — having something I said used against me.

Any advice from people who've been through this would mean a lot. I feel completely lost.

12replies

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12 replies

  • 20
    bright-owl-530

    I spent years on the other side of these calls and I can tell you exactly what was happening in that second conversation. When they ask about prior medical history right out of the gate, they're fishing for pre-existing conditions they can blame your pain on. And the pain-scale question is logged verbatim. I'm not saying every adjuster is malicious, but their job is to close claims cheaply. Yours is to protect yourself. Those are opposite goals.

    • 18
      genuine-heron-731

      I went through almost this exact thing two years ago — rear-ended, neck pain, confused about what to do. I made the mistake of giving a recorded statement before I had any legal guidance and it came back to bite me. Get at least a free consultation with a PI attorney before your next call with that adjuster. Most of them don't charge for the initial chat and it helped me understand what I was actually entitled to.

    • 7
      steady-wanderer275

      How long did it end up taking in your case?

  • 20
    genuine-finch-820

    Two things: get a lawyer consult this week, and go back to your doctor now rather than waiting four weeks. You can't undo delays in medical care when it comes to claims — gaps in treatment get used against you. You're not being dramatic, your back and neck were just jolted by a moving vehicle. Act like it.

    • 7
      steady-driver862

      That lines up with what my adjuster told me too.

  • 18
    plain-marmot-480

    Stop talking to their adjuster without representation. Full stop. That 'scale of 1-10' question isn't casual conversation — they're building a record they can use to argue your injuries aren't that serious. The moment you say '6 out of 10' on a good day, that becomes your ceiling in their file. They are not on your side, even if they sound friendly.

  • 18
    keen-wolf-789

    Not legal advice, but — the fact that you've only confirmed basic facts so far means you haven't necessarily done any damage. The concern would be if you downplayed symptoms or agreed to a recorded statement minimizing your injuries. Going forward, a free consult with a PI attorney would at least let you understand your options before your next adjuster call. Most won't charge anything unless they take your case and recover money. As a business owner with lost income, there may be more on the table than just car repairs.

  • 12
    curious-badger-713

    A few practical things worth knowing: you generally aren't required to give a recorded statement to the other driver's insurance. Your own policy may have a cooperation clause that requires it with your own insurer, but that's different. Also, document everything right now — photograph your car if you haven't already, write down how you're feeling each day (even in your phone notes), and save every receipt related to the accident. If you do consult an attorney, that paper trail is gold.

  • 8
    plain-crow-902

    Please don't wait on the imaging if your pain hasn't improved or is getting worse. Soft tissue injuries from rear-end collisions can look totally fine for the first week and then really show themselves. If your doctor is only suggesting a follow-up and not ordering any scans, it's completely reasonable to go back and say 'my pain is still at X level and I'd like an MRI.' Advocate for yourself medically the same way you're trying to advocate for yourself legally. The two are connected.

    • 10
      gentle-commuter183

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

  • 8
    keen-newt-922

    I just want to say — you're not screwing this up. The fact that you're asking questions and being careful is already way better than most people handle it. Two weeks of pain after a rear-end collision is serious and you deserve to be taken care of properly. Please don't let anyone rush you into a quick settlement before you actually know how badly you're hurt.

    • 2
      careful-survivor552

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