Here’s the last part about what to do if you are injured in a car accident.  Today we’ll talk about how to navigate the insurance and liability issues.

Note:  this is not legal advice; just practical information regarding car insurance that can be found online.  Consult with an experienced personal injury attorney for expert advice.

In the best case scenarios, both parties involved in the car accident are able to handle matters regarding medical care and bills through their insurance companies alone.  The insurance companies cooperate, pay the bills, and the case is closed.

But what happens if:

• The other person says it was your fault, but you believe it was their fault
• You are not the owner of the car you were in/ the other driver isn’t the owner of the car he was in
• The other driver is uninsured
• Your injuries are beyond a strain/sprain
• Your car is totaled
• Because of the accident, you have to miss some work and/or lose income
• Your medical coverage under your car insurance is not enough to pay your medical bills
• You were driving your company car
• Your insurance refuses to pay for certain damages

These are just some examples where you may want to consider hiring a personal injury attorney.  If you hire one to represent you, all communications regarding the accident need to go through your attorney.  He/she will basically consult with you, determine your monetary damages, and try to get an out of court settlement for you either from the at-fault insurance company (3rd Party) or your insurance company, depending on the nature of the claim.  If you require medical care, the attorney may wait until you are discharged and all medical bills are received before presenting the insurance company with the final claim.  In a best case scenario, the case is settled out of court and the insurance pays out the whole amount, or something close to it.  It gets more complicated when there are significant disagreements, and the insurance company decides to settle in court.  Then the attorney may need to deposition you, your doctors, and other witnesses.  This will incur more costs and will generally take longer for your case to settle.

In general, the car insurance industry gauges your case based on the dollar amount of your car damage.  As a rule of thumb, anything over $10,000 in car damage (or totaled car) is a case that most PI attorneys are willing to accept.  However, it is not set in stone.  Cases less than $5,000 in car damage and medical bills can probably be handled out of of court, or at least in a small claims court without an attorney.

I should add here that sometimes the 3rd party car insurance (at-fault party’s insurance) may offer you a lump-sum settlement before you have a chance to hire an attorney, and it may look attractive to you.  Be wary about this, because accepting it closes out your case with them.  If you develop health problems later, or your car breaks down later because of an undetected problem, you are on your own.

I recommend that you print out the last three blog posts and keep for reference, in case you have the misfortune of being involved in a car accident.

Dan Perez Dc
San Francisco Chiropractors

Ok, so previously we talked about what to do, health-wise, if you get into a car accident.  Just to recap, you want to make sure you’re OK.  Sometimes it takes three (3) days for symptoms to peak.  A little neck stiffness right after the accident can gradually turn to neck immobilization, as the swelling process is very gradual over time.  So don’t just assume that it’s not a big deal, even if it was just a fender bender.
 
In general, if the accident was significant (damage to your car) and you feel shaken up and sore, go on ahead to the emergency room.  They will check you for “red flag” conditions like broken bones, ligament ruptures, concussion/brain injury, and nerve damage.  And if there are no red flags, they may send you home with a bottle of pain pills.  Once you’re cleared of red flags, visit a chiropractor who knows how to treat and rehabilitate soft tissue injuries.  The goal is to get you out of pain fast, but also restore your functionality (flexibility and strength).  This takes some time.

The other thing you’ll need to deal with is the liability and insurance issue.  This can be a big headache if you don’t play your cards correctly.  It will determine who pays to repair your car, and your medical bills.  If it was unclear who was at fault, do not say to the other driver that it was your fault.  Exchange driver IDs, phone numbers, and insurance information (you should have a copy of your auto insurance coverage card in your car).  Call the police and get a police report (they may not come if they are busy and no one was injured).   Do not attempt to drive your car if it looks like the steering or drivetrain was damaged.  Call a tow truck instead. 

Call your car insurance company immediately and report the accident.  The agent will ask you if you are OK and if you need to see a doctor.  It’s best not to say “you are fine” because you don’t know yet, and it may affect your case later if it turns out you were in fact injured.  Just say, “I’m going to see my doctor to get checked.”   The agent will ask if there is any damage to your car.  If so, the agent may recommend auto repair shops, or will tell you to take it to any shop and the mechanic will send them the estimate.  Typically, the insurance company will issue one check directly to the mechanic for the repairs.  If you have towing and rental coverage, the insurance will either pay your bills for you, or will reimburse you after you provide copy of your bill.

Well, that’s a lot to remember for now.  The other issue some car accident victims have to deal with is compensation.  I’ll address that in the next post.

The rainy season is upon us, and I’m seeing quite a few car accident patients in practice.

Car accidents generally tend to increase during inclement weather due to impaired visibility and less road traction.  In a lot of cases, one car is stopped at a stop sign, red light, or in traffic; and the approaching car fails to stop in time, rear-ending the car in front.

When this happens, the person in the struck car typically sustains more “soft tissue” injuries because she is unaware of the impending collision and is relaxed; whereas the offending driver sees it coming and braces her neck and shoulders in preparation for the collision.

At the time of collision, the victim’s torso accelerates at the same speed of the offending car (let’s say 20 mph) but the head lags due to the flexible nature of the neck.  In essence, the neck acts like a spring:  it arcs backwards, builds up energy and “whips” the head forward to catch up to the torso, causing an over-correction (loading the spring in the opposite direction), and releases this energy by whipping the head and neck backwards.  In the process, microtears (very tiny tears to the muscle strands) occur along the muscles surrounding the back of the head, around the neck, upper shoulders, and upper to mid back.  Sometimes the whiplash is so extreme that even the lower back is affected.

Chiropractic care protocols for soft tissue injuries involve two phases:  pain reduction and functional restoration.  The first couple of treatments focus on reducing pain and decreasing swelling.  This can take anywhere from 4-12 visits depending on the severity of the accident.  In my clinic, I typically recommend high potency fish oil supplements at this stage to reduce the inflammatory response.  Fish oil has a substance called EPA that is a proven, natural inhibitor of inflammation.

Next, gentle chiropractic spinal adjustments, soft tissue therapies and exercises are done to restore proper movement and alignment to displaced vertebrae.  By this time, much of the pain has disappeared, and the  focus is to ensure that flexibility and joint integrity are restored to prevent chronic problems from surfacing in the future.

Most patients are discharged feeling better than before the accident.  Visit my website for more information on the topic of whiplash and car accident injury treatment.

If you or someone you know were hurt in a car accident, make sure to call the office at (415) 627-9077 to get checked.  Sometimes it takes three (3) days after the accident for pain to peak.  Also, in some cases neuropathy (nerve involvement) can occur, so it’s best to see a doctor.

Next time, I’ll talk about how you should handle car insurance issues.

Till then,

Dr. Perez

San Francisco ChiropractorTechnorati Tags: chiropractic, whiplash, car accident

As fall winds down, the rainy season is not far behind.

At the onset of the rainy season, there is a sudden spike in the number of car accidents.  The new rains turn all the oil and sludge on the roads accumulated over the summer and fall into a slimy film that causes cars to lose traction on the road.

The majority of car accidents during this time fall into the category of low speed, rear-end collision, usually at a stop sign or in stop and go traffic.  People are still used to their summer driving habits as it pertains to speed, distance kept behind the car in front, and the timing of applying brakes when stopping.

Even at low speeds, a rear end collision can cause significant soft tissue injuries of the occupants due to the large amount of kinetic energy generated.  In cases where a smaller car is struck from behind by a larger vehicle, there is usually more injury sustained.

There is a misperception that if there is minimal to no noticeable damage to the car, it means that you can’t be injured.  When a car dents, it is absorbing some of the collision force at that spot.  When it doesn’t dent, the force of the collision is transferred to the entire car and into the occupants of that car.  So, denting to some degree is desired.

A rear-end collision, even at low speeds of 10 mph, can cause your neck to violently arch backwards, and, like a coiled spring, cause your head to immediately swing forward, then backwards again at a lower force.  This happens in less than a second.  If the force generated is strong enough, it can cause microtears in the covering of your muscles (fascia), muscle fibers in your neck, and in severe cases, joint capsular damage and nerve root damage.  Some people even sustain vertebral body fractures, or spinous fractures and ligament tears.

Other related symptoms can be headaches, dizziness, fatigue, jaw pain, and wrist, shoulder, lower back and even knee pain.

Chiropractic is the perfect treatment for whiplash (cervical sprain/strain), also called cervical acceleration-deceleration injuries.  A chiropractor who is knowledgeable in treating this condition will know that the first order of business is to rule out dangerous/severe injuries that might have been missed.  This includes ligament rupture, spinal cord injury, hematomas (bleeding on the brain), fractures, or anything else that might require immediate medical attention.

Once that is cleared, and the condition is diagnosed as limited to sprain strain in nature, treatment can begin.  The chiropractor will take a complete history of the accident and will be interested in the collision angles involved (reveals a lot about the locations of the injury); position of the body at the time of impact; whether or not seatbelt was worn; if the patient saw the accident coming and braced;  if an airbag discharged, if X-rays were taken at the emergency room, and so on.

During the acute stage, the goal is to reduce and help move out swelling/edema;  reduce pain, and gradually re-introduce motion to damaged/ misaligned spinal joints.

As the pain decreases, treatment goal shifts to restoring range of motion to pre-injury status and strengthening/rehabilitating  joints and muscles.  It is critical that this phase is seen to completion, because it is designed to prevent problems from re-occuring and reduce the chances of chronic pain/ reduced flexibility.

So if you’ve been injured in a  “low speed” car accident, consider calling a chiropractor for an evaluation. 

In the meantime, make sure that your tire treads are still good, your brakes work fine, and be more careful when driving in the rain:  use a slower speed, increase the distance between yourself and the car in front of you than you normally do, and hit the brakes sooner than you would on a dry road, gradually pressing down till coming to a safe stop.  Also be more vigilant around you of other drivers who may not be taking these precautions.

Dan Perez, DC

Chiropractor San Francisco

(415) 627-9077

Statistics show that most of us will have at least one
“fender bender” car accident in our lives.

Did you know that such low-speed collisions can still cause problems with your neck and back? Recall way back in high school science class that force = mass x acceleration.  Since cars have a lot of mass, even at a low acceleration they generate a lot of force that gets absorbed by yourbody.

Whiplash occurs when the head is violently thrust forward
and backwards past the neck’s normal, safe range of motion.
It happens very quickly. In the process, ligament and
muscle fibers sustain microtears. The bones that make up
the neck can also be knocked out of proper relative position,
creating problems in the future. Pain and stiffness peak
72 hours post-accident, as swelling occurs very slowly.

If you’ve been in such an accident, and you feel that you’ve
been hurt, first get checked at an emergency room. The
doctor will rule out more grave injuries like fractures, cord
damage and hematomas (blood pooling in the brain). You may
get some pain meds and instructions to ice your injury.

Once you’re cleared, make an appointment to see me. If not
treated properly, some cases of whiplash can lead to chronic,
recurring problems like reduced neck mobility. It’s important
to keep your neck moving somewhat during the days following
the accident to prevent scar tissue build-up.

But most of all, realize that driving is one of the most
dangerous things we do in a 24 hour day, so be careful out
there.

Till next time,

Dan Perez, DC
(415) 627-907

Yes, but only one who is experienced in diagnosing and treating soft-tissue trauma. I have treated many car accident victims over the years. The first priority is to rule out “red flags”; i.e. conditons that require immediate medical intervention. This includes hematomas (bleeding around the brain), concussions, vertebral fractures, ligament ruptures, and internal organ damage.

Most people in low-speed car accidents (rear-end collisions) will have injuries limited to soft-tissue trauma and can be seen by a chiropractor. My treatment approach to treating car accident-induced whiplash is to reduce the rate of swelling by using ice and lymphatic massage, and doing passive range of motion stretches to prevent scar tissue adhesions, which, if allowed to take place can limit neck flexibility. Interactive electric stim is used to reduce pain, and light therapy is used to enhance tissue repair.

Oftentimes following a car accident, one or several cervical (neck) vertebrae may be nudged out of alignment. This can cause problems in the future and must be corrected. As pain decreases, gentle chiropractic spinal manipulation is done to restore proper vertebral alignment and joint function. This, along with stength and coordination exercises will help ensure a return to normal functional capacity.

If you’ve recently been in a car accident, make sure to get checked for vertebral dysfunction.   Our clinic is open Mondays through Fridays in downtown San Francisco.

Dan Perez, DC

San Francisco Chiropractor

(415) 627-9077