It is a common misconception in a low impact auto accident that if the vehicles involved sustained minimal damages, the people in that accident received minimal to no injuries. While it’s possible for people to get in an accident and walk away uninjured, the reality is that victims in a low impact auto accident may have difficulty understanding or even explaining to their insurance company the extent of their injuries. This is especially true with low impact accidents since insurance companies often look at the amount of damages to both vehicles in assessing the seriousness of the accident.
In an article entitled The Truth about Low Speed Accidents, Dr. Dr Barry L. Marks sheds some light on the issues surrounding an injured party in a low impact auto accident:
This causes tremendous disputes between injured parties and the insurance companies that are responsible for compensating them for their car accident claim. To insurers, there really is no speed at which they want to admit an injury could occur. For economic reasons they try to dismiss whiplash or car accident injuries entirely, as if they don’t exist. Thanks to recent irrefutable research studies proving the existence and exact mechanism of whiplash car injuries, insurers are hard pressed to try the “whiplash is a hoax” defense nearly as much as in the past. A more recent tactic is to claim the speed of the collision is too low to cause injury.
This causes tremendous disputes between injured parties and the insurance companies that are responsible for compensating them for their car accident claim. To insurers, there really is no speed at which they want to admit an injury could occur. For economic reasons they try to dismiss whiplash or car accident injuries entirely, as if they don’t exist.
Thanks to recent irrefutable research studies proving the existence and exact mechanism of whiplash car injuries, insurers are hard pressed to try the “whiplash is a hoax” defense nearly as much as in the past.
A more recent tactic is to claim the speed of the collision is too low to cause injury.
The fact is that low impact injuries are one of the leading causes for soft tissue injuries such as whiplash. Although not every cut and bruise as a result of an accident is claim worthy, a person should have themselves evaluated by a physician as soon as possible after an accident to ensure that any non-prevalent injuries are documented and most importantly, treated to prevent any long term consequences.
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You made a lot of great points. Anyway who has ever been in a "small car accident" knows that it doesn't take much of an impact to pull someone's body into a painful position that results in the need of medical attention. I think insurance companies have a lot to do with promoting the mentality that low speed accidents=no injuries.
I was just in a rear end collision with a much larger vehicle at fault behind me. At first asking, I claimed I was fine, but now, a few hours later, I have neck and head pain. Should I see a Doctor? Am I entitled to any compensation if I did not seek medical help immediately?
In response to the comment posted by Ginny, a significant factor in a rear end crash is the relative size of the vehicles. The probability of injury is much greater if you are a smaller car hit by a larger car or truck. It is not uncommon for injuries to start to become symptomatic hours later. So, yes, if you are in pain, you should seek medical attention. I tell clients that you need to take care of your health, regardless if you have a claim or not. I cannot advise you on your specific case, but I have sucessfully helped clients seek compensation who did not immediatly go to the doctor or hospital.
In response to Karl, I was hit in the rear end,And I assumed I was not hurt.A side a head acke after about two days it was in my neck. It was around Christmas. I put heating pad and the usually thing you would do. Thing did not get better. I started calling trying to get an appointment my Doctor, On the 31st of december, I found out I was going to have to have surgery. I have a plate with eight screws. I think people should be very careful not thinking they are not hurt. Now I have a huge Dr. bills having a time getting His insurance to pay, becaused he is uninsured. My insurance paid me. Never delt with any thing like this.
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