How to Negotiate an Insurance Settlement for Whiplash

Whiplash injuries often occur in car accidents

Whiplash is one of the more common injuries suffered in a car accident. It occurs when the injured party is rear-ended, forcing the head to go violently forward then backwards, causing injuries to the cervical spine. Depending on the severity of the injury, damages may be awarded for the degree of pain and loss experienced.

Things You'll Need

• Insurance adjuster
• Medical records and bills
• Documentation of lost wages
• Estimate of pain and suffering
• Final settlement agreement

Instructions

Present a demand package to liabilty adjuster

1. 

   The insurance liability adjuster will review your demand.

   In the event of a car accident, one party is usually at fault. If the at-fault driver has insurance coverage, an adjuster will be assigned by their insurance company to negotiate a fair and reasonable settlement to be paid to the victim. If you have been injured in a car accident and wish to begin the settlement process, you must provide a final demand package for settlement to the adjuster.

2. 

   You must provide your medical records and related bills.

   If you need medical care, provide all your medical records, medical bills, prescriptions and any other out-of-pocket expenses to the liability adjuster. Your medical records should reflect the doctor's diagnosis, his course of treatment, the history of the accident and your doctor's prognosis of future medical requirements and any long-term impairment.

3. 

   Document any lost wages.

   If you have lost time from work, document your lost wages and provide this information in the demand package you give to the adjuster. Have your doctor provide records or a memo verifying that you needed the time off from work due to the accident. Also include a corresponding letter from your employer listing your total days of lost work and your average daily and weekly salary.

4. 

   Determine a reasonable amount for pain and suffering.

   If you suffered a whiplash injury, there was pain and suffering. The law provides for monetary compensation for pain and suffering. There is no set fee for pain and suffering and each claimant is different. Factors used to determine the amount of a pain and suffering award include the time spent under a doctor's care, the treatment regime and estimated pain and suffering in the future related to the accident.

5. 

   An excuted final settlement is tendered with the check.

   If you agree with the liability adjuster on a lump sum settlement to cover all the damages, the adjuster will prepare a final settlement for you to sign. In return, a specified amount will be paid to you by check to cover your costs for medical care, past and future lost wages and a reasonable amount for pain and suffering.

Tips & Warnings

• A whiplash can be a painful and agonizing injury to deal with following a car accident.

• If the injury is severe, requiring extensive medical care and resulting in ongoing long-term impairment, the advice and assistance of an attorney is highly recommended.

References

• David Burlison,Attorney,Tennessee
• Mike Frayser,Attorney,Tennessee