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After an injury accident, there are essentially two types of damages that plaintiffs (victims) can pursue: compensatory and punitive. Depending on the circumstances of the case, you may have the right to recover these types of compensation, if negligence and causation are established. Understanding the difference between them is important to your personal injury claim, especially since not every case qualifies for punitive damages.

Compensatory Damages

The purpose of these damages is to make the injured party whole, by compensating them for both economic and non-economic losses. Economic losses can include:

• Property damage
• Past, current, and future medical bills and expenses
• Past, current, and future lost wages
• Legal fees

On the other hand, non-economic losses are those that cannot be proven outright or calculated with a receipt. They are damages that you have suffered because of the other party’s negligence. Those can include:

• Loss of enjoyment of life
• Pain and suffering
• Emotional distress
• Loss of consortium or damage to a relationship with spouse or children

Compensatory damages (both economic and non-economic) are the most commonly awarded type of compensation. To obtain a fair amount, it is imperative to calculate your losses accurately, so that no expenses are overlooked. The task of calculating future costs may require testimony from medical and accounting experts.

Punitive Damages

Punitive damages are not as common and are intended to punish the defendant. They are awarded when the court feels that the negligent party committed an egregious act or demonstrated a willful disregard for the health and safety of others. With the hope that the punishment will deter them and others from engaging in similar behavior in the future. Punitive damages are often awarded in car accident cases involving a drunk driver. Since driving while under the influence of alcohol is illegal, a driver might pay punitive damages as their penalty for consciously deciding to engage in harmful behavior, in addition to compensatory damages. The amount of punitive damages will not be based on your losses, but rather the amount that the court deems as adequate enough punishment.

Caps on Damages

Many states place caps, or limits, on the amount of damages a plaintiff can recover. Under Texas law, compensatory damages are not capped in most personal injury lawsuits, unless it is filed against a government entity or it is a medical malpractice lawsuit. That means many victims are entitled to pursue and may receive full compensation for their economic and non-economic losses. However, punitive damages are capped. They cannot exceed:

• Two times the amount of economic damages awarded plus the amount equal to their non-economic damages award (up to $750,000); or,
• $200,000 in cases where no economic damages are awarded.

As an example, a victim is awarded $50,000 in economic damages and $25,000 in non-economic damages. If punitive damages are available, they would be capped at $125,000 (two times $50,000 plus the $25,000 in non-economic damages).

Speak to a Houston Personal Injury Lawyer About Your Compensation

The circumstances and losses specific to your case will determine its worth. Explore your legal options and discuss your claim’s value with an experienced Houston personal injury lawyer at the Milano Legal Group PLLC. Contact us online or call (855) 545-1777 to schedule a free consultation.

Negotiating a settlement with USAA can be challenging. Any missteps can mean the difference of thousands of dollars.

Below we discuss ten tips on how to best approach your claim with USAA, answers to some frequently asked questions, and provide some real USAA settlements.

My suggestion is you read this entire article before you do anything with your claim against USAA.

Overview of USAA Claims

USAA, United Services Automobile Association, was founded in 1922 when 22 Army officers came together to insure each other’s automobiles. From there they have grown to be the fifth largest insurance company in the U.S. by premiums written.

USAA is a unique insurance company. USAA insurance policies are only offered to USAA members. To be a member you must be active, retired, or honorably separated military personnel or an eligible family member.

Limiting membership to this demographic most certainly meant the risk profile of their members tended to be on the lower end of the risk spectrum. This was due to a more disciplined pool of members with other lower risk factors. What this has meant historically for USAA members was lower premiums and higher customer satisfaction.

However, this trend is changing, and we have seen it on the claims side of the business. Their adjusters have become more unreasonable, nonresponsive, and cheap over the years.

In the past they would do what they could to avoid a lawsuit. But now it seems they welcome litigation and try to pay as little as possible just as the other large four carriers (State Farm, Allstate, GEICO, Progressive).

Overcome USAA’s Questionable Claims System

Negotiating a settlement with USAA insurance company, or any insurance company, requires preparation, persistence, and a strategic approach. Here are ten tips to help you navigate the process effectively:

1. Document Everything

Building your file against USAA is a great start to maximizing your settlement value.

In any personal injury case, you are required to proof your “damages.” Damages are recognizable losses resulting from the accident. This includes your medical expenses, damage to your car, and lost time at work.

Immediately after the accident take detailed notes about the accident, including how it happened, weather conditions, and any conversations with the other driver or witnesses.

Also, keep a record of all medical treatment, doctor visits, medications, and any therapy sessions related to your injury. You also want to save all receipts and bills for medical expenses, car repairs, and other related costs. Without proof of your losses, USAA won’t pay you fairly for your case.

2. Seek Immediate Medical Attention

Getting medical treatment as soon as possible after your auto accident is not only the best thing you can do for your well-being, but it also helps your case against USAA.

Once a USAA adjuster starts valuing your case, the first thing they’ll do is look at the severity of your injury and the type of medical treatment you sought throughout your claim. A USAA adjuster will take your claim more seriously if you immediately went to the emergency room by ambulance. With non-apparent injuries like whiplash or muscle sprains, as time passes and you do not see a doctor for your injuries, your case tends to lose value.

This is for a few main reasons:

• Duty to Mitigate Damages: An injured party has a duty under the law to avoid further preventable damages from occurring. This means that if your injuries get worse because you didn’t have them treated by a doctor, the responsible party is not on the hook to pay for them. In effect, failing to mitigate your damages can lower the value of your case.
• Causation: To be entitled to compensation, you must prove that the accident actually CAUSED your injuries. As time goes by without being evaluated by a doctor, uncertainty grows as to what the source of your injuries was.
• Claims Software: Most insurance companies, including USAA, use claims adjusting software to calculate their bodily injury claims settlements (more on this below). Their software works on a point system, assigning more points for certain variables, such as emergency medical treatment. A trip to the emergency room by ambulance, if reasonable, will give your claim the best chance for success.

3. Report the Accident

A police report or what’s commonly known as a Crash Report isn’t usually required to file a claim against USAA, but it will sure help to have one.

First, a crash report will include useful facts of the accident, including time, date, and location. The report will also include vehicle and insurance information.

Usually at the end of the report, the officer will give his/her opinion as to who was at fault. Although this isn’t always accurate, USAA will usually place significant weight on the officer’s opinion. They tend to side with the officer’s opinion of fault most of the time since they are viewed as both an unbiased witness and a semi-expert accident reconstructionist.

If you were involved in a hit-and-run accident and you’re seeking compensation from USAA for your uninsured motorist benefits, your policy may require that you file a police report before they will extend coverage.

Second, if there are injuries or property damage that exceeds a certain dollar amount, many states require that a crash report be filed.

Here are some examples:

• Arizona: A.R.S. § 28-667 – A full report must be filed by law enforcement in accidents resulting in bodily injury, death or damage to the property of any person in excess of $2,000 or the issuance of a citation. If the accident results in $2,000 or less in damage to property and does not result in the issuance of a citation or bodily injury or death, a brief report must still be filed.
• California: CVC §§ 20008, 20010, 16000, 160002 – The driver (or passengers, if driver fails to) must report the accident resulting in injuries or death within 24 hours to law enforcement. Also, driver must be report the accident to the DMV within 10 days. In company vehicle accidents, an employee also must report the accident to their employer within five days.
• Florida: 316.065, Florida Statutes – A driver must give notice to law enforcement in vehicle crashes resulting in injury, death, or damage to property of $500 or more.
• Texas: Texas Transportation Code 550.062 – A law enforcement officer must file a Peace Officer’s Crash Report if the accident resulted in injury, death, or property damage of $1,000 or more.

So, it’s important that you file a crash report, even if some time has passed since the accident.

4. Communicate Carefully

Be cautious in your communications with the USAA. Avoid admitting fault or downplaying your injuries to the adjuster. USAA adjusters are very skilled at minimizing your injuries. Their goal is to try to settle your case as quickly as possible for as little as possible.

If USAA is the at-fault party’s insurance company, DO NOT give them a recorded statement. You have no duty to give them any statement at all and certainly not one that’s recorded. If they claim they need your statement before they will determine liability, call a lawyer immediately!

If USAA is your insurance company and they’re requiring a recorded statement, you will probably need to give them one. BUT, here I would still contact a lawyer first before speaking to them. It doesn’t matter if they are your insurance company, once a claim is filed with USAA, your relationship immediately becomes adversarial. Don’t trust that they are acting in your best interest.

If you chose to go it alone in your case and not hire a lawyer, make sure you keep track of every communication with them, written and oral. Keep track of your offers and their offers as you work towards a settlement.  Don’t make any offers unless you intend to accept them. And if they make an offer be careful what you say while talking to them. A verbal acceptance of a settlement can be just as good as a written one.

If you get stuck trying to negotiate your own settlement, see if you can speak to the adjuster’s supervisor. Tell them you’d like a second set of eyes on your file. If you’re not able to resolve your case for a fair amount, contact a lawyer.

5. Beware of USAA’s Claims Software

As mentioned above, USAA uses claims adjusting software to calculate their bodily injury settlement values. They use software like Colossus and Auto Injury Solutions to calculate different components of your settlement.

The extent to which USAA uses Colossus is up for debate but they claim it’s only one factor in their overall analysis. What we know is that it can take into account hundreds of different diagnoses factors as well as thousands of other factors that help calculate the pain and suffering component of a bodily injury settlement.

Auto Injury Solutions (AIS) is another adjusting tool that USAA uses to undervalue the medical damages portion of bodily injury settlements. AIS was developed by CCC Intelligent Solutions created for:

• Medical Bill Review: AIS reviews medical bills to ensure that they are reasonable and necessary. This involves analyzing the medical services provided, their costs, and whether they align with standard practices and regional pricing.
• Injury Severity Assessment: AIS evaluates the severity of the injuries sustained in the auto accident. This involves reviewing medical records, diagnostic reports, and possibly consulting with medical professionals to understand the long-term impact of the injuries.
• Medical Treatment Evaluation: AIS examines the medical treatment received to determine its appropriateness and necessity. This includes looking at the duration and type of treatment, as well as any ongoing or future medical needs.
• Cost Containment: AIS claims to help identify ways to contain costs related to medical treatments and services. This could involve negotiating with medical providers or identifying alternative treatment options that are cost-effective yet medically appropriate.
• Data Analytics: AIS uses data analytics and industry benchmarks to compare similar cases and determine an appropriate range for settlements. AIS claims this ensures that settlements are consistent and fair based on historical data and industry standards.

USAA not only uses AIS for bodily injury settlements but also to calculate Personal Injury Protection and Medical Payments benefits submitted by their own insureds. In fact, USAA was so good at minimizing these claims that a class action lawsuit was filed against them for unfair settlement practices.

6. Highlight Your Non-Economic Damages

Non-economic damages are a category of recoverable losses that do not have a specific monetary value. Unlike “economic damages,” which cover quantifiable financial losses like medical bills, lost wages, and property damage, non-economic damages address more subjective, non-monetary harm.

These include:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by an injury.
• Emotional Distress: Compensation for psychological impact, such as anxiety, depression, or trauma resulting from the incident.
• Loss of Consortium: Compensation for the negative impact on the plaintiff’s relationship with their spouse or family, including loss of companionship, affection, and sexual relations.
• Loss of Enjoyment of Life: Compensation for the loss of ability to enjoy daily activities, hobbies, and other pleasures of life.
• Disfigurement: Compensation for permanent physical changes that affect appearance and cause emotional distress.

Specifically, write a detailed account of how the injury has affected your daily life, emotional state, and overall well-being. Include specific examples. Explain how the injury impacts your ability to perform daily activities, enjoy hobbies, or interact with family and friends.

For your pain and suffering, describe in writing the physical pain and emotional suffering you endured, including any depression, anxiety, or stress caused by the injury.

To prove your pain and suffering, provide medical records that reflect the extent of your injury and the inherent pain and suffering that is associated with that type of injury. Also, within these records, there will be your statements to your doctor regarding your complaints you made about your pain. Statements made to your doctor are very credible evidence since most people tend to tell the truth to their doctor when they’re seeking medical treatment.

Witness statements are also helpful in proving your pain and suffering to USAA. Statements from friends, family, and colleagues attesting to the changes that they’ve observed in your physical abilities, behavior, mood, and activities will be extremely helpful.

Provide photos and videos to show the physical effects of your injury, such as scars, bruises, or other visible marks, and document your struggles with daily tasks. Also, provide comparative images or footage from before and after the injury to illustrate the changes in your life and activities.

7. Send a Formal Demand

When you’ve completed your medical treatment and think it’s time to settle your case, you may want to think about sending USAA a formal demand letter. A demand letter is the best way to lay out your case in a professional, organized manner to USAA. This will show them that you’re serious.

Do the following to draft a compelling demand letter:

• Gather All Necessary Information
  • Accident Details: Collect details about the accident, including the date, time, location, and how it happened.
  • Injury Documentation: Obtain medical records, bills, and reports that document your injuries and treatment.
  • Police Reports: Secure a copy of the police report, if available.
  • Photographs: Include photos of the accident scene, your injuries, and any property damage.
  • Witness Statements: Gather statements from any witnesses to the accident.
• Include an Accident Summary and Description
  • Accident Summary: Briefly describe the accident, including the date and location. Mention that you were injured and that the letter is a formal demand for settlement.
  • Narrative: Provide a detailed account of how the accident occurred, making it clear that the other party was at fault.
  • Police Report Reference: Cite the police report and any findings that support your account.
• Legal Liability Section
  • Fault: Clearly state why the other party is at fault and should be held liable for your damages.
  • Laws: Reference any traffic laws or regulations that the other party violated, if applicable.
• Injuries and Treatment
  • Medical Treatment: Describe your injuries and the medical treatment you received. Be specific about the type of injuries, treatments, and how they affected your daily life.
  • Medical Records: Reference attached medical records and bills to substantiate your claims.
• Impact on Your Life
  • Physical Impact: Explain how the injuries have affected your physical abilities and daily activities.
  • Emotional Impact: Mention any emotional distress or mental suffering you have experienced.
  • Financial Impact: Discuss lost wages, out-of-pocket expenses, and any other financial burdens resulting from the accident.
• Demand for Compensation Section
  • Itemized List: Provide an itemized list of your damages, including medical expenses, lost wages, property damage, and pain and suffering.
  • Total Amount: Specify the total amount you are demanding for settlement.
  • Rationale: Justify your demand with evidence, such as medical bills, repair estimates, and wage statements.
• End it With a Conclusion
  • Response Request: Request a prompt response and provide your contact information for further communication.
  • Settlement Offer: State your willingness to negotiate but emphasize that you expect fair compensation.
  • Deadline: Provide a reasonable deadline for a response, typically 14-30 days.
• Include Supporting Documentation
  • List and attach all supporting documents, such as medical records, bills, repair estimates, and witness statements.

If this list was a bit overwhelming, here is a sample demand letter:

Sample Demand Letter

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

USAA Claims Department
P.O. Box 33490
San Antonio, TX 78265

Re: Demand for Settlement – Auto Accident on [Date]
Claim Number: [Claim Number]

Dear [Insurance Adjuster’s Name],

I am writing to formally demand compensation for injuries and damages resulting from the auto accident that occurred on [Date] at [Location]. I was injured in this accident due to the negligence of your insured, [At-Fault Party’s Name]. This letter serves as a comprehensive summary of my injuries, treatment, and the financial impact, along with my demand for a fair settlement.

[Provide a detailed description of the accident, injuries, and treatment, supported by attached documentation.]

As a result of this accident, I have incurred significant medical expenses, lost wages, and endured substantial pain and suffering. I am demanding a settlement of [Total Amount] to cover these damages.

Attached to this letter are copies of all relevant documents, including medical records, bills, the police report, and other supporting evidence.

Please respond to this demand within 30 days. I am open to negotiating a fair settlement and can be reached at [Your Phone Number] or [Your Email Address].

Sincerely,

[Your Name]

8. Calculate Your Damages Accurately

Calculating your damages accurately will ensure that you aren’t leaving any money on the table. You should calculate every recognizable form of your damages and make sure you present USAA with evidence to prove you’re entitled to compensation.

The most common forms of damages are medical expenses, lost wages, property damage, and non-economic damages (discussed above in #6).

Medical Expenses

Make sure you’re including all your past and future medical expenses, including medical bills from your ambulance ride, emergency room, primary care doctor, chiropractor, and any specialists.

Also, include receipts for any pain medication, orthopedic devices, and transportation costs to and from your appointments.

Lost Wages

You’ll want to submit to USAA proof of any lost wages you have as a result of your injuries. This includes any time for which you weren’t paid and time you were paid but had to use your sick time, PTO, or vacation time.

Non-Economic Damages

Calculating your non-economic damages might be difficult. So, you’ll have to get creative here. There are methods you’ll see when Googling how to calculate your settlement online. But I can assure you no one actually uses these methods.

USAA will rely heavily on their adjusting software for this calculation, especially on soft tissue injuries. The reality is the calculation of non-economic damage is highly speculative. But I’d say a commonsense approach to calculating pain and suffering and other non-economic damages come up with a lump sum figure that fairly compensates you for your pain, given the seriousness of your injuries.

You can calculate this lump sum amount by multiplying the number of days you felt pain since the accident by a daily dollar amount that you’d give up in exchange to feel no pain.

For example, let’s say you’d pay $50 a day in exchange to feel no pain from your injuries. And were in pain for 60 days. So, your past pain and suffering calculation may be $3,000.

Of course, you’d still need to estimate what your future pain and suffering would be. That may be a bit more difficult since you may not know how long you will suffer with pain. Do your best to estimate it and apply the same daily rate calculation as above.

Let’s do an example damages calculation to further illustrate.

Damages Calculation Example:

Paula was injured when someone rear-ended her while she was waiting at a red light.

Immediately after her accident, she went to the emergency room by ambulance.

Her injuries included headaches, whiplash, and back muscle sprains and strains. Thankfully, there were no fractures or other serious injuries.

She felt pain from her injuries for 90 days but now feels fine.

She treated with a chiropractor for 20 visits and got MRIs of both her neck and back. Her MRIs didn’t show any permanent injuries.

Paula’s total medical bills were $13,000.

She lost two weeks of pay as a result of her injuries, totaling $2,000.

Paula thinks $5,000 is a fair amount to compensate her for her pain and suffering for those 90 days.

So, Paula’s damages would equal $20,000 ($13,000 + $2,000 + $5,000).

9. Consider Legal Representation

You may have done everything you could do on your own to resolve your case against USAA. But now you’re stuck. It may be time to at least call a car accident lawyer and get some free advice. Why hire a lawyer?

Here are some reasons why you should consider legal representation with your case against USAA:

Level the Playing Field

When you’re up against USAA, having a lawyer by your side knowledgeable in personal injury law and experienced in dealing with insurance companies will even the playing field. USAA is large corporation with thousands of employees and tens of millions of dollars of resources. Trying to fight them on your own can be disastrous.

Overcome USAA’s Delay, Deny, Defend Strategy

USAA, like any other for-profit business, operates with the primary objective of generating profit. This objective is rational and expected.

Insurance companies like USAA accumulate substantial amounts of money through premiums paid by their policyholders. These funds are then invested in various avenues, including the stock market. The longer the company can retain these funds, the greater the potential for investment returns.

Consequently, their primary aim is to minimize claim payouts as much as possible, and if they have to pay a claim, take as long as they can to pay it. This tactic is known as the DELAY, DENY, and DEFEND strategy. They intentionally delay the payment of claims by conducting time-consuming investigations, reject claims that should rightfully be paid, and persistently defend claims until they reach trial and appeal stages.

With legal representation, insurance companies like USAA are unable to freely delay or deny your claim, as they must adhere to law. By having a lawyer assisting you, the claims process can be expedited, your claim can be validated, and any challenges from USAA can be effectively countered.

Maximize Your Compensation

Hiring a lawyer can significantly increase the amount of compensation you receive, as evidenced by research conducted by the Insurance Research Council (IRC) in to two distinct studies. In one of these studies, claimants who were represented by an attorney received settlements that were 40% more than those who did not have legal representation. Additionally, the other study conducted by the IRC also showed that claimants who had legal representation reported a larger rate of reimbursement for their losses.

10. Prepare for Potential Litigation

If a fair settlement cannot be reached, be prepared to file a lawsuit against USAA.

With the tide changing over at USAA, you may need to file a lawsuit to get fair value for your case. As mentioned above, USAA used to do what they could to avoid a lawsuit. They were more committed to their insureds and didn’t want to see them suffer through litigation. Those days are gone.

Filing a lawsuit may be the best way to proceed if you’ve done everything you could to get a reasonable settlement from them.

However, since litigation is very complex, I’d recommend you hire a lawyer before initiating litigation against USAA.

Frequently Asked Questions

Below are answers to some frequently asked questions about USAA claims and settlements.

Is USAA Hard to Deal With?

Yes, more so than before. I think, due to their current financial situation, USAA is now one of the more difficult large insurance companies to deal with.

Years ago, this wasn’t the case. As previously mentioned, USAA tried to avoid lawsuits and settle as many of their claims in prelitigation.

However, now you may need to file a lawsuit to get fairly compensated for your injuries.

What is the Average Settlement with USAA?

I’ll start this answer with a caveat: calculating a precise settlement average that will be helpful for your case, is impossible.

With that said, generally USAA settlements have fallen a bit, around where most large insurance companies’ averages are.

Soft tissue injuries (e.g., whiplash), where claimants have sought medical treatment, settle somewhere between $15,000 and $25,000. If injuries are more severe and surgery is involved, averages can exceed $100,000.

Keep in mind there are many factors in calculating a settlement value. Trying to calculate an accurate average will not only not be difficult but won’t really tell you anything about the value of your case.

The best way to find out what your case is worth is to discuss your case in detail with a lawyer experienced in handling USAA claims.

Does USAA Pay for Pain and Suffering?

USAA does pay for pain and suffering. If you recall from our discussion above, they rely on their adjusting software to calculate the pain and suffering component of your case.

Typically, the more severe your injury is, the more pain and suffering compensation you will be entitled to.

How Long Does It Take to Settle a Claim with USAA?

Most cases settle within three months to one year. Of course, every case is different, and some may settle immediately or could take years if a lawsuit is filed.

You should not be in a hurry to settle your case against USAA. As long as you’re within your state’s statute of limitations, you have time. You should wait until you’ve completed your medical treatment or have a good idea of what sort of medical treatment you’ll need in the future before you think about settling your case.

How Long Does It Take to Get a Settlement Check from USAA?

If you’ve agreed to a settlement with USAA and all requirements have been fulfilled to receive your settlement check, it typically takes 10-14 days to receive your check.

Does USAA Settle Out of Court?

Yes, in fact, most do. Even though USAA has gotten tougher over the years, it doesn’t mean they are taking a majority of their cases into the courtroom. They still probably settle 95% of their cases before it even reaches the courtroom steps.

Litigation is expensive for both sides and USAA is aware of that fact. They would rather avoid spending money on litigation and pay less now than spend thousands on litigation and potentially pay an excess verdict.

How Good is USAA at Paying Claims?

Not good. As previously discussed, they are in line with the other large insurance companies when it comes to valuing and paying claims. I would say they are now near dead last if we’re talking about the six largest insurance companies in the U.S. It’s a shame since they used to be one of the better large insurance companies.

What is USAA Claims Phone Number and Address?

Phone: 800-531-8722

Fax: 800-531-8668

USAA Claims Department
P.O. Box 33490
San Antonio, TX 78265

USAA Car Accident Settlements

Below are 10 real USAA settlements, some of which are our own cases. Although every case is different, these real settlement examples can give you an idea of what to expect from USAA.

Case Study #1: Client v. USAA Insured (Coconino County, Arizona)

Our client was crossing a street in a crosswalk at an intersection in Flagstaff, Arizona, when a USAA insured traveling in a pickup truck struck her.

From the scene of the accident, she was taken to the emergency room by ambulance.

Our client suffered a left distal radius transverse impacted fracture, along with soft tissue injuries to her neck and back.

She underwent an open reduction and internal fixation (ORIF) surgery to repair the fracture. She also had follow-up surgery to remove the hardware used in the ORIF.

We submitted our demand for policy limits to USAA. They later responded with a policy limits tender of $100,000.

Case Study #2: Client v. USAA Insured (Pima County, Arizona)

Our client was traveling through the intersection of Ina Road and Shannon Road in Tucson, Arizona, when a USAA insured turned left in front of him, causing the accident.

Our client was taken to the emergency room by ambulance from the scene of the accident. Our client complained of headaches and pain all over his body. He was diagnosed with muscle sprains and strains and later released.

He followed up with treatment with a chiropractor and got MRIs of his neck and back. The radiologist noted several small disc bulges and herniations.

Once our client was released from all treatment, we sent a policy limits demand. USAA later tendered $25,000, which was their policy limits.

Case Study #3: Client v. USAA Insured (Bexar County, Texas)

Our client, while attempting to make a left-hand turn on Rolling Stone Street from Guilbeau Road in San Antonio, Texas, was rear-ended by a USAA insured.

Immediately after the accident, our client was taken to the emergency room by ambulance. She was later diagnosed with soft tissue injuries and released later that day.

Our client underwent several rounds of physical therapy. Due to persistent pain, she underwent a series of epidural steroid injections in her neck and back.

Our client initially attempted to handle her case against USAA alone. But after almost two years of no progress, she decided to hire us to take over. We immediately filed a lawsuit in Bexar County District Court.

We were able to successfully settle her case in litigation for $45,000.

Case Study #4: Client v. USAA Insured (Clay County, Florida)

Our client was traveling eastbound on Country Road 220 in an unincorporated area in Clay County, Florida, when a USAA insured turned left in front of her, causing a collision.

Two days after the accident, our client presented to a chiropractor with complaints of neck and back pain. She underwent several months of chiropractic treatment. Due to persistent pain, she was referred to a pain doctor and underwent a series of epidural steroid injections.

After we submitted our demand, USAA later tendered their policy limits of $50,000.

Case Study #5: Client v. USAA Insured (Dallas County, Texas)

Our client, a pedestrian, while on the sidewalk was struck at a low speed by a USAA insured as he attempted to make a turn into a private drive.

Our client presented to the emergency room with complaints of pain to his left shin and knee. He was diagnosed with a displaced bicondylar fracture of the left tibia.

He later followed up with an orthopedic surgeon to monitor the healing of the fracture. The orthopedic surgeon ordered an MRI of his knee to ensure proper healing of the tibia fracture. Our client also treated with a physical therapist to encourage healing of the affected body part.

After several rounds of negotiations with USAA, we were able to successfully settle our client’s case for $65,000.

Case Study #6: Plaintiff v. USAA Insured (Bexar County, Texas)

Plaintiff, a pedestrian, was walking across St. Mary’s Street in downtown San Antonio, Texas, when a USAA insured struck him, causing injuries to his foot, hip, head, back, and knee.

He immediately was taken to the emergency room by ambulance. He was later diagnosed with a fractured left foot, lower back strain, and disc herniations.

The Plaintiff treated with a chiropractor for six months and underwent two MRIs of his neck and back.

Due to persistent pain in his neck, Plaintiff underwent a series of epidural steroid injections and facet joint injections.

Later, the Plaintiff was able to settle his case against USAA in mediation for $130,000.

Case Study #7: Plaintiff v. USAA Insured (Humboldt County, California)

Plaintiff was traveling on his motorcycle on R Street in Eureka, California, when a USAA insured in a pickup truck made a left turn in front of him, causing a collision.

Plaintiff was taken by ambulance to the emergency room from the scene. He was diagnosed with pelvic fractures, hand fracture, fractured ribs, and a collapsed lung.

He later underwent surgery on his hand, as well as physical therapy. His hip fractures and hand injury caused permanent impairment. He also lost seven months of work.

Plaintiff’s attorneys were able to settle his case against USAA for $300,000.

Case Study #8: Plaintiff v. USAA Insured (Santa Clara County, California)

Plaintiff was traveling in his vehicle on Campbell Avenue in Campbell, California, when he was struck by a USAA insured traveling in the opposite direction as she attempted to make a left turn.

Plaintiff later treated with an orthopedic surgeon for his lower back injuries. He complained of radiating pain down his leg. He was diagnosed with herniated discs at the L4-L5 and L5-S1 levels. As a result, he underwent a lumbar discectomy and lumbar fusion.

The case later settled in litigation for $600,000.

Case Study #9: Plaintiff v. USAA Insured (Los Angeles County, California)

Plaintiff was traveling on Olympic Boulevard in Los Angeles, California, when the driver of the vehicle in which she was riding as a passenger collided with a bus.

She was immediately taken to the emergency room by ambulance. She was later diagnosed with a 3-4 mm disc bulge at the C6-C7 level. The Plaintiff treated with a chiropractor for one month. Additionally, she underwent a series of epidural steroid injections and cervical fusion.

The case was later filed in the Superior Court of Los Angeles County. The Plaintiff was able to successfully settle her case against USAA for $300,000.

Case Study #10: Plaintiff v. USAA Insured (Alachua County, Florida)

Plaintiff, a bicyclist, was negligently struck by a vehicle operated by a USAA insured.

Plaintiff immediately was taken by ambulance to the emergency room. He was later diagnosed with a closed head injury, broken ribs, and clavicle and scapula fractures. Plaintiff underwent surgery to repair the clavicle fracture, which required hardware installation and later removal.

The plaintiff was able to settle his case against USAA before trial for $290,000.

Contact Our Experienced Car Accident Lawyers to Handle Your USAA Claim

Call us today for a FREE consultation regarding your USAA bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to USAA. Call (855) 545-1777 to speak to our personal injury attorneys directly.

Is it too late for you to claim an injury for your auto accident case? That’s a great question! But to answer that, we need to identify some of the most common reasons why people might think it would be too late to claim an injury.

The most common reasons would be:

1. They didn’t report they were injured at the scene of the accident to the police, paramedics, or other first responders.
2. They didn’t initially report injuries to the insurance company.
3. They’ve had minimal to no medical treatment since the accident.
4. The Statute of Limitations.
5. Their own insurance company’s Notice requirement.

1. No Injuries Reported at the Scene

You might think since you never reported your injuries to the police, paramedics, or other first responders at the scene of the accident, that it may be too late to claim an injury. That is not true, even if that fact was put into the crash report!

Sometimes you won’t feel any symptoms of your injuries for days or even weeks after your accident (more on this later). You certainly still can make a claim for injuries even if you didn’t report any at the scene of the accident.

2. No Injuries Reported to the Insurance Company

If you’ve called in your claim to the at-fault party’s insurance company and when asked if you were injured, you said “no,” it doesn’t mean it’s too late to make an injury claim. You still have a case!

Sometimes when the insurance company asks whether there were any injuries, claimants assume they’re referring to only serious injuries like fractures or other emergency medical conditions. The claimant may answer “no” when in fact they do have injuries but might not be severe enough to express them to the insurance company. This is usually the case with soft tissue injuries (e.g., muscle sprains and strains).

My advice is if you are experiencing symptoms that weren’t there before the accident, get to a doctor as soon as possible. And avoid contact with the at-fault party’s insurance company as much as possible. Also, get the advice of a lawyer before you discuss any injuries with the insurance company.

3. Minimal to No Medical Treatment

Although the strength of your case may weaken as you delay medical treatment, it doesn’t mean you can’t make a claim for injuries if you haven’t sought medical treatment.

I will give you five scenarios to illustrate:

Scenario 1 (BEST!): After your auto accident, you immediately go to the emergency room by ambulance with complaints of specific injuries. You report your injuries to the police and paramedics on scene.

Scenario 2 (GOOD): After your auto accident, you go home. You did feel pain but didn’t want to spend the money to get checked out at the emergency room. The next day you wake up feeling horrible! You, then, drive yourself to urgent care. They can’t perform any imaging, so they send you to the closest emergency room.

Scenario 3 (OK): After your auto accident, you go home. You did feel pain but didn’t want to spend the money to get checked out at the emergency room. One week after your accident you decide to see a chiropractor due to persistent neck and back pain that doesn’t seem to be getting better.

Scenario 4 (NOT GOOD): After your auto accident, you feel pain and don’t go to the emergency room, just as Scenario 3 above, but you only see your primary care doctor once. Your doctor prescribes you pain medication and tells you to just take it easy.

Scenario 5 (BAD): Same as Scenario 4, except you don’t see a doctor at all. You just wait for your body to heal on its own. You’re still alive, so you must be OK.

In all five of these scenarios, you can still make a claim for injuries as long as you are still within the statute of limitations and/or, if you’re using your own auto insurance coverage, abiding by your own insurance policy’s notice requirement (more on both of these below). The difference between these five scenarios will be the potential value of your case.

In cases where medical treatment is sought immediately, you will be maximizing your case’s potential value. In cases where medical treatment is sought days or weeks later or never, your potential case value may be significantly limited.

So, you may be wondering why it matters so much when you delay your medical treatment. Here is why:

Why It Matters When You Delay Your Medical Treatment

The general rule is the longer you wait to seek medical treatment after a car accident, the more difficult it will be to prove your injuries.

The rationale for this view is twofold:

1. If you’re really hurt, why didn’t you see a doctor immediately; and
2. How do we know that your injury was caused by the accident since so much time has passed.

There are several reasons why seeing a doctor as soon as possible after your accident is so important. The following four are some important ones:

Document Your Injury

When seeing a doctor soon after an accident, they will document your injury with what you tell them; they will perform diagnostic testing such as x-rays, MRI’s, CT scans, or labs; and all this information will be put into your medical records. This will act as objective proof that an injury exists and the likely cause of that injury.

Causation

Seeking medical treatment as soon as possible after your accident will help to overcome questions of causation in your case. In auto accident injury cases, you must prove “negligence.”  To prove “negligence,” you must show:

(1) The existence of a legal duty,

(2) A breach of that duty, and

(3) Damages, (4) proximately caused by that breach.

In layman’s terms this means you need to prove that the responsible driver’s carelessness caused your injuries.  When you don’t seek medical treatment soon after your accident, insurance adjusters and juries begin to doubt the source of the injury was related to the accident.

Mitigate Your Damages

The law bestows a duty on all aggrieved parties—the duty to mitigate your damages—to avoid making your injuries worse by neglecting your injuries. The responsible party will not be liable for any harm that you caused yourself by avoiding seeking medical attention.

Validity

Seeking medical care immediately after an accident bolsters your injury claim and substantiates its validity. In other words, it makes it seem less likely that you may be “faking” it.

It’s common, especially with soft tissue injuries (e.g., whiplash), to not immediately feel injured. It could take several hours, days, or even weeks to feel the effects of an auto accident. After an accident, your body is in fight or flight mode and with all that adrenaline running through your body, you may not immediately feel any pain at all.

What Can I Do if I Delayed My Medical Treatment?

If you’re still experiencing pain from the accident, the best thing you can do is seek medical treatment. Your health is too important. It will depend on how serious your symptoms are on where you should seek medical attention. Use your best judgment here.

If you’re feeling sore and it’s a week after the accident, you may not need to go to the emergency room. But if you’re experiencing loss of consciousness or some other serious symptom, you need to go to the emergency room.

If you delayed your treatment, all is not lost. You can still claim injuries. You may just need to give a good reason as to why you delayed your trip to the doctor. More on this below.

Good Reasons Why You Delayed Your Medical Treatment

Let’s say you delayed your treatment. Here are some good reasons to give the insurance company as to why you didn’t see a doctor immediately:

Latent Injury

It’s common, especially with soft tissue injuries (e.g., whiplash), to not immediately feel injured. It could take several hours, days, or even weeks to feel the effects of an auto accident. After an accident, your body is in fight or flight mode and with all that adrenaline running through your body, you may not immediately feel any pain at all.

Some common injuries that might have delayed symptoms include:

• Whiplash: This is one of the most common injuries from car accidents, often resulting from rear-end collisions. Symptoms such as neck pain, stiffness, headaches, and dizziness may not appear immediately.
• Concussion: A concussion can occur without a direct hit to the head, especially in accidents involving sudden stops or jerks. Symptoms like headaches, dizziness, nausea, confusion, or memory problems might not be noticeable right away.
• Back Injuries: Injuries to the spine, such as herniated discs or soft tissue injuries, can cause delayed symptoms. Back pain, tingling, numbness, or weakness in the limbs can develop over time.
• Internal Bleeding: This is a serious condition that may not show symptoms immediately. Signs such as abdominal pain, swelling, dizziness, or fainting can appear hours or days after the accident.
• Soft Tissue Injuries: Damage to muscles, ligaments, and tendons, like sprains and strains, may not be immediately obvious. Swelling, bruising, and pain might develop later.
• Psychological Injuries: Conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression can also emerge after the initial shock of the accident wears off.
• Shoulder Injuries: Similar to whiplash, shoulder injuries from the seatbelt or the impact itself can develop symptoms later, including pain and reduced range of motion.
• Knee Injuries: Impact with the dashboard or other parts of the car can cause knee injuries, which might not manifest as pain or swelling until later.

No Health Insurance or Financial Reasons

Medical bills are the most common reason for bankruptcy in the U.S. Having no health insurance or not being able to afford care is a common reason why people may delay going to the emergency room or seeing a doctor after an auto accident, especially if they initially self-diagnose their injuries as relatively minor.

Prearranged Vacation

You may have spent a significant amount of money on a prearranged vacation and could not just cancel everything over a less serious auto accident. This will make sense to the insurance company if your injuries are not severe.

4. The Statute of Limitations

The single most important time limit you have in your auto accident case is the statute of limitations. The statute of limitations is the time limit you have to either sue or settle your case.

If you wait too long, you can lose all your rights to recover your damages. Each state has its own rules on the statute of limitations for auto accidents. The general rule for some of them is as follows:

Arizona

In Arizona, the statute of limitations to file a lawsuit or settle a case, against the negligent party, is two years from the date of the accident. In uninsured or underinsured motorist cases against your own insurance company, you generally have three years to settle or file a lawsuit.

California

In California, the statute of limitations to file a lawsuit or settle a case for bodily injury, against the negligent party, is two years from the date of the accident. In uninsured motorist cases against your own insurance company, you have two years to settle, formally institute arbitration proceedings, or file a lawsuit against the uninsured motorist. In underinsured motorist cases, it’s a bit more complex.

Florida

In Florida, you have two years to file a lawsuit or settle your case, if your case is against the negligent party.  If your claim is against your own insurance company, you generally have five years to file a lawsuit or settle.

Another time-limit rule that’s unique to Florida is the Personal Injury Protection (PIP) 14-Day Rule. According to Section 627.736(a), Florida Statutes, medical treatment must be sought within 14 days after your motor vehicle accident to qualify for PIP benefits. Missing this deadline can hurt your case.

Texas

In Texas, the statute of limitations to file a lawsuit or settle a case, against the negligent party, is two years from the date of the accident.  If you are suing your own insurance company for failure to pay uninsured or underinsured benefits, things are a bit more complex.

Since there are many claims that can be made against your own insurance company, the statutes of limitation vary.  Breach of contract is one claim that can be brought against your own insurance company and the time you have to file a lawsuit is four years from the date of accident.

Other claims that can be made have a statute of limitations as little as two years. So, it’s important to seek the advice of an attorney if you are uncertain as to the time limit you have to sue.

Other Important Time Limits

In addition to the standard statute of limitations requirements, there may be additional time limits in certain circumstances:

Government Entity at Fault

If a governmental entity was responsible for your accident, there will usually be a notice requirement that is substantially less time than the statute of limitations.

Claimant is a Minor

If the claimant was a minor at the time of the accident, the statute of limitations will not start to run until after the minor turns 18-years-old.

Limitations by Contract

There are times when a contract will dictate what the time to sue will be. This is most often seen in your insurance policy. Your insurance company may limit the amount of time you have to bring a claim against them, and this could be less than the state’s statute of limitations.

Plaintiff or Defendant Dies

If the plaintiff or defendant dies before the statute of limitations expires this may provide an exception to the statute of limitations. However, it will depend on if your state recognizes this exception.

Defendant Leaves the State

There may be an exception to the statute of limitations when the defendant leaves the state before the statute of limitation expires. However, again, it will depend on if your state recognizes this exception.

5. Notice Requirement in Your Own Policy

If you’re making a claim under your own policy, you may have a duty to notify your insurance company of this claim within a certain amount of time. That certain amount of time could be 91 days, as soon as possible, or some other time frame. It’s important that after your accident you or an experienced car accident lawyer review your policy to make sure you’re abiding by any notice duties in your policy.

Contact Our Experienced Car Accident Lawyers

Call us today if you were injured in an auto accident and have questions regarding anything discussed above. We can give you the best game plan to overcome the insurance company’s objections. Call us at 855-545-1777 to speak directly with one of our attorneys.

Insider Tips to Maximize Your GEICO Injury Settlement

If you’ve been injured in a car accident and you’re dealing with GEICO, you may already suspect one thing: their settlement offers are rarely fair right out of the gate.

In this guide, you’ll learn powerful negotiation strategies and insider tips GEICO adjusters don’t want you to know—all designed to help you maximize your bodily injury settlement. We’ll also answer some of the most frequently asked questions about GEICO auto accident claims, so you’re not left in the dark.

Who Is GEICO, and Why Does It Matter?

GEICO—short for Government Employees Insurance Company—is a subsidiary of Berkshire Hathaway, the conglomerate led by Warren Buffett. Once known for its fair dealing and relatively generous adjusters, GEICO has evolved into the third-largest auto insurer in the U.S., with a business model focused on low-overhead operations and algorithm-driven claims handling.

In the past, GEICO adjusters had broader settlement authority, and claimants often received higher compensation without litigation. But over the past two decades, that’s changed.

Why GEICO Claims Are Harder Than Ever to Settle

Today, GEICO and many other major insurers rely on claims software to determine:

• What your medical treatment should cost (often using “reasonable and customary” formulas that undercut actual bills)

• How much your pain and suffering is worth (often severely undervalued)

The result? Injured claimants are routinely offered lowball settlements—sometimes less than half of what their claim is truly worth.

If you want to recover full compensation, you must be prepared to fight back—with knowledge, strategy, and evidence.

Don’t Let GEICO Undervalue Your Injury Claim

Wondering how to avoid becoming just another underpaid GEICO settlement? You’re not alone. GEICO adjusters handle thousands of claims—and many are quickly pushed through the system using software that minimizes your injuries, medical bills, and pain and suffering.

If you don’t know how to push back, your case could be undervalued or even drag out for years in a backlogged court system.

But it doesn’t have to be that way.

Below are 10 expert-backed tips to help you stand out from the stack of undervalued claims on a GEICO adjuster’s desk—and fight for the full compensation you deserve.

1. Never Agree to a Recorded Statement

If you’re filing a claim against GEICO—the at-fault driver’s insurance company—you are under no legal obligation to provide a recorded statement. Don’t let their adjusters pressure you into thinking it’s required to process your claim. It’s not.

In fact, giving a recorded statement can hurt your case. GEICO adjusters are trained to ask leading questions that may be used later to dispute liability or downplay your injuries.

Common tactic: GEICO may claim they can’t determine fault without your statement, hoping you’ll either give in or grow impatient. If they’re stalling because their insured isn’t cooperating, it’s time to speak with a personal injury attorney who can push things forward.

Pro Tip: If you’re dealing with property damage delays, consider running the repair through your own auto insurance’s collision or uninsured motorist property damage (UMPD) coverage. Your insurer will typically handle repairs faster and then seek reimbursement from GEICO—often recovering your deductible in the process.

2. Seek Medical Treatment Immediately After The Car Accident

Delaying medical care can cost you—both in recovery and in your settlement. There are three critical reasons why you should seek treatment right away after a car accident:

Maximize Your Damages

In personal injury claims, your medical expenses often form the foundation of your case value. The sooner you begin treatment, the stronger your claim becomes.

• Go to the emergency room or urgent care if you’re in pain or unsure of the extent of your injuries.

• If needed, take an ambulance—this not only ensures immediate care but also reinforces the seriousness of your injuries in the eyes of GEICO.

• Be honest and consistent about your symptoms. While insurers are skilled at spotting exaggeration, they also take note when treatment is reasonable, necessary, and timely.

Validate and Document Your Injuries

Seeing a doctor right away helps legitimize your injuries and reduces the likelihood that GEICO will dispute your claim.

From the insurer’s perspective, if you were truly hurt, you would have sought help immediately. A delay in care gives adjusters ammunition to argue that:

• You weren’t really injured

• Your injuries were minor

• Your pain was caused by something else entirely

Of course, if there’s a valid reason for a delay—such as lack of insurance, delayed onset of symptoms, or scheduling issues—make sure it’s documented and communicated clearly.

Mitigate Your Damages

Under the law, injury victims have a duty to mitigate their damages, meaning you must take reasonable steps to prevent your condition from worsening.

If you fail to get prompt care and your injuries worsen, GEICO may argue that you’re partially responsible for the increased severity. That could reduce the amount they’re willing to pay—or derail your claim altogether.

Bottom line: Get checked out as soon as possible, follow your doctor’s recommendations, and keep detailed records of every visit. It’s one of the most important steps you can take to protect your health and your claim.

3. Don’t Let The GEICO Adjuster Minimize Your Injuries

GEICO claim adjusters are skilled at minimizing your injuries. They’ll ask you questions in a way to have you second guess your injuries and categorize them as only soft tissue injuries that will heal in a few weeks.

A very common way to minimize your injuries is when the adjuster tells the auto accident victim that they will only pay for a few weeks of treatment and that they are on their own after that. Don’t believe them! If you are really injured, you should be getting reasonable and necessary medical treatment until you have reached maximum medical improvement. Auto insurance adjusters are not doctors. They can’t diagnose your condition.

4. Don’t Agree To Anything Without First Consulting With A Lawyer

I know this may sound self-interested but if you don’t hire a car accident lawyer from the start of your claim, you will almost certainly be putting yourself at a disadvantage in your case.

There are studies that show auto accident victims that are represented by a lawyer get 40% more of a settlement than those without one.

In our own experience when clients tried to initially handle their cases on their own then hire us to take over, we see the offers previously extended by GEICO are significantly less than what we were able to ultimately settle these cases for.

It just makes economic sense even considering the fact that your personal injury lawyer will receive a portion of your settlement as attorney’s fees. Also, keep in mind: personal injury lawyers don’t charge any fees up front. So, you’ll never need to pay out of your own pocket for representation. It’s a win-win.

5. Don’t Ever Agree To GEICO’s First Offer

GEICO’s first offer is never their best offer and will most likely be a lowball offer. You should always negotiate your case with the auto claims adjuster. Start off high. Don’t paint yourself into a corner by starting the negotiations off too low.

For example, if you want to settle your bodily injury claim for $20,000, don’t start your demand at $25,000. You should start well above your target settlement goal.

Also, don’t bid against yourself—let the insurance adjuster come up on their offer first before you extend another counteroffer.

There should be at least four to five rounds of offers before GEICO reaches their top settlement authority. If you are not happy with their top offer— contact a car accident attorney.

6. You May Need To File A Lawsuit

This tip piggybacks on the consult-an-attorney tip above. You may not be able to get fair value for your bodily injury claim unless you’re able to put substantial pressure, via a lawsuit, against the GEICO insured.

Of course, you will most definitely need a lawyer if you choose to sue the GEICO insured responsible for causing your accident. Handling a motor vehicle accident lawsuit on your own is not recommended.

7. Don’t Let GEICO Negotiate Your Medical Bills

When you are handling your claim on your own, insurance companies, including GEICO, will try to negotiate your medical bills down as low as possible. What does this do? Well, it effectively lowers your damages, and in effect, lowers your total settlement amount.

For example, let’s say you have a $10,000 emergency room bill. GEICO is aware of this bill and knows that the hospital will take a large reduction on it to satisfy the debt in full. They will negotiate with the hospital on your behalf and reduce this bill by at least 50%. Your $10,000 in damages has now been cut in half to $5,000. This means they pay less in medical bills for your claim and likely less overall for your overall claim, including your pain and suffering.

Pro Tip: Settle your case first with GEICO then ask for reductions on all your medical bills. You’ll get more money in your pocket this way.

8. Using Health Insurance Can Affect Your Case Value

Depending on which state your accident occurred, health insurance or Medicaid/Medicare can significantly affect the value of your case. It will depend on whether your state limits what’s called the “Collateral Source Rule.” This rule says that if your health insurance paid for your medical bills or reduced them under a contracted amount, this evidence can’t be presented to the jury and factored into your damages.

In states like Florida and Texas, the Collateral Source Rule is effectively dead thanks to tort reform. This not only affects your “special damages” (e.g., medical expenses) portion of your settlement but also affects the “general damages” (e.g., pain & suffering) portion. Of course, there are strategies that a lawyer can employ to overcome this obstacle.

In California, health insurance and Medicaid/Medicare payments are admissible to prove your medical expenses according to two cases: Howell v. Hamilton Meats & Provisions, Inc. and Hanif v. Hous. Auth.

In Arizona, GEICO can’t use this as a defense to decrease your medical damages. The Collateral Source Rule is still alive and well in Arizona!

9. Prove An Objective Injury

Typically, your case will be worth more money to a GEICO claim adjuster if you can prove, with objective proof, that you have an injury. This can be as simple as sending the claim adjuster your X-Rays/MRI film and reports or photos of your cuts, incision, or scarring.

GEICO insurance adjusters will categorize your case as only a soft tissue injury case if you only present them with evidence of minimal treatment at the emergency room or chiropractor. This will severely limit the amount of your settlement.

If you are experiencing symptoms beyond just soft tissue injuries, such as radiating pain, numbness, or weakness in your arms or legs, the best thing you can do is get an MRI and send the film, and report to the adjuster. If you have a herniated disc with nerve or spinal cord impingement, your case is typically worth more.

10. Prove A Permanent Injury

Proving a permanent injury will likely increase the value of your case significantly. So, what is a permanent injury? Generally, a permanent injury is an injury that will not completely heal over time. A good example of a permanent injury is a herniated disc. Even with chiropractic treatment or physical therapy, a herniated disc won’t heal.

In contrast, to compare, what isn’t a permanent injury? Well, those are injuries that will heal over time, such as muscle strains and sprains, bruises, whiplash, and minor cuts or scratches.

A permanent injury may not only help your case value but in Florida, proof of a permanent injury is actually required in order to recover pain and suffering and mental anguish in an auto accident. Florida Statutes § 627.737(2) specifically defines a permanent injury as:

• Significant and permanent loss of an important bodily function.
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
• Significant and permanent scarring or disfigurement.
• Death.

Other states, such as Arizona, California, and Texas, don’t require proof of a permanent injury to recover pain and suffering or emotional distress but, as mentioned above, it will surely help your case.

How Long Does GEICO Take To Settle a Claim?

In our experience, most GEICO auto accident cases settle within six months. However, it will depend on your injuries and when you’re released from all medical treatment.

You should never settle your case until your doctors have released you from treatment. You don’t necessarily need to be 100% but you should at least know what the extent of your needed future medical treatment will be.

If you’re not represented by an attorney, GEICO will try to settle your case as quickly as possible before you even know the extent of your injuries or have a chance to go to the doctor. If you are injured, DO NOT settle your case until you’ve at least consulted with a lawyer. A car accident lawyer will not charge you to ask him/her questions.

GEICO adjusters are usually motivated to settle cases. They will often try to place artificial deadlines on your claim. Remember, only the statute of limitations in your state determines the ultimate deadline of your case, not the GEICO auto adjuster’s arbitrary deadlines.

How Does GEICO Calculate Your Car Accident Claim?

Unless you’re an experienced car accident lawyer or insurance adjuster, it will be difficult to calculate an accurate value of your GEICO claim.

Just know your past and future medical bills, lost wages, pain and suffering and any other recognizable damages should be included in your calculation. As you can tell, some of these elements are easier than others to calculate.

If you’re asking how does GEICO calculate pain and suffering, this is one of those components of your damages that will be particularly difficult to calculate. There are no formulas for pain and suffering; juries don’t use them and neither do insurance adjusters.

Generally, GEICO uses claims software to calculate their settlement offers. Therefore, their claims adjusters are on a tight leash when negotiating claims. They simply do not have the settlement authority they once did.

GEICO insurance adjusters enter in several factors of the car insurance claim into their claims software and the software will spit out a settlement range where the adjuster can settle the claim. If you want to get past the top end of their settlement range, you’ll need to present them with new information about your injuries or you’ll need to file a lawsuit.

Is GEICO Good at Settling Claims?

The short answer is—NO.  GEICO isn’t the worst, but they definitely aren’t the best. Out of the large insurance companies such as State Farm, Allstate, Progressive, Liberty Mutual, Farmers, and USAA, they are probably somewhere in the middle when it comes to settling your case for a fair value.

GEICO will try to settle your claim for as little as possible, especially if you’re not represented by a lawyer. In our experience, GEICO generally starts negotiations by offering somewhere around 50% of your total medical bills in a typical soft tissue injury case (e.g., whiplash). If your injuries are more severe, like broken bones, they typically offer more.

In most cases, GEICO will offer more after a lawsuit is filed. When you file a lawsuit, the insurance adjuster will change to a litigation adjuster with more authority to settle your case.

Do I Have a Strong Case Against GEICO?

Having a strong case will depends on several factors, including:

Factor #1: Liability

If you are not at fault for your auto accident and GEICO has accepted liability, you’re on the right track. However, if you don’t agree with them placing full or partial liability on you, the strength of your case may suffer. Depending on why they are not accepting full responsibility for the accident, it may be best to consult with a lawyer to see if they can overcome an unfavorable liability decision.

I have seen GEICO offer their policy limits in cases where they only accept partial fault, but that is in cases where there are severe injuries. It’s not as likely in soft tissue injury cases that they will offer you their policy limits or even a fair settlement, especially if you’re dealing with a larger policy, such as a $100,000/$300,000 or a $250,000/$500,000 policy.

Factor #2: Coverage

If the driver who caused your car accident failed to pay his insurance premiums or was driving someone else’s vehicle without their permission, you may be in a situation where GEICO does not extend their auto insurance coverage to cover the loss. In coverage issue scenarios, having uninsured motorist coverage on your own policy will be helpful. Conducting a thorough investigation of any responsible parties will also be necessary.

Coverage issues arise very frequently in cases against non-standard insurance companies such as Fred Loya, American Access Casualty Company, National General, or United Auto Insurance Company. GEICO will generally not use unethical techniques to avoid paying on a claim, as these insurance companies do.

Factor #3: Type Of Injury

The more severe your injuries are, the stronger your case tends to be against GEICO. However, GEICO tends to write smaller policies, with very few of their insureds having an umbrella policy to cover significant losses.

Typically, when the policy is insufficient to cover the damages, insurance companies, like GEICO, tend to immediately pay the policy limits to avoid any bad faith claims that may arise.

Factor #4: Medical Treatment

If you get minimal medical treatment in your case and your injuries are minor, it will be difficult to obtain a five-figured (or more) settlement, if not impossible, when dealing with GEICO.

Going to the emergency room by ambulance, having broken bones or fractures, or getting surgery will only strengthen your case before a GEICO claims adjuster’s eyes.

Factor #5: Property Damage

GEICO insurance adjusters will always look at the property damage of all vehicles involved to see if there was a mechanism of injury. If there are only scratches and the impact was minor, you may have problems proving the accident caused your injuries.

Factor #6: Venue – County The Accident Occurred

It matters where the car accident occurred. If you’re in a county that tends to be more conservative politically, your case may tend to be valued a bit lower to GEICO. More liberal venues, such as Broward County (Florida), Pima County (Arizona), and Hidalgo County (Texas), case values are typically more, with all things being equal.

Do I Need a Lawyer in My Insurance Claim Against GEICO?

If you only have property damage and are not injured, it’s likely you will not need a lawyer to handle your insurance claim against GEICO.

But if you’re injured, even in the case of muscle sprains and strains, it’s always a good idea to get a free consultation from a car accident lawyer to make sure you don’t jeopardize your rights. Car accident lawyers don’t charge for consultations. You have nothing to lose in getting their advice.

How Much Does Geico Pay For Pain and Suffering?

If you have soft tissue injuries, GEICO will typically add anywhere from $1,500 to $5,000 to your medical expenses to compensate you for pain and suffering.

For more severe injuries, such as broken bones and fractures, the pain and suffering compensation GEICO offers will usually be more than $5,000.

Calculating pain and suffering is never easy, even for lawyers and claim adjusters. It’s arbitrary, as you can imagine. The best thing you can do is try to maximize the amount that is paid for pain and suffering in your settlement. You can do this by providing objective proof of pain to GEICO, such as from diagnostic testing (e.g., MRIs, X-Rays, CT scans) or photos of your injuries.

Do I Need to File a Lawsuit Against GEICO (GEICO’s Insured)?

If you want top dollar for your case, filing a lawsuit may be required. GEICO usually increases their offer when you file a lawsuit against their insured.

However, you still may be able to get full value for your case without a lawsuit. It just really depends on the strength of your case.

Will My Car Accident Case Against GEICO Go to Trial?

Probably not. Most GEICO cases settle before trial, and many are settled prior to even filing a lawsuit.

Going to trial may be the only way to get full value for your auto accident case. However, even if you can get full value for your case at trial, it may not make economic sense to push it to trial. Trials are expensive and require significant time and preparation.

Both sides may not feel it’s necessary to spend the money or expend the time needed to get to trial in a case that can be settled for close to fair value.

Our GEICO Car Accident Settlements

Below are some of our own clients’ GEICO case settlements and some pulled from Verdict Search, a database of jury verdicts and settlements.

You’ll notice that most of these settlements are in the five-figure range. This is due to the fact that most GEICO insurance policies sold are relatively small. As you’ve noticed with all the GEICO ads on TV and elsewhere, GEICO’s target market is those folks looking for a bargain.

Case Study #1: Client v. GEICO Insured (Bexar County, Texas)

Our client, a pedestrian, was crossing the street in a crosswalk in San Antonio, Texas, when a GEICO insured turning left, failed to yield the right of way to our client.

She hit our client in the crosswalk, injuring him. Our client later went to the emergency room on his own and was diagnosed with a compression fracture at T12 and two transverse process fractures at the L1 and L2 levels of his spine.

We demanded GEICO pay us their insured’s policy limits of $100,000, which they later tendered.

Case Study #2: Client v. GEICO Insured (Harris County, Texas)

Our client, a motorcyclist, was proceeding through traffic in Houston, Texas, when a vehicle pulled out in front of him, causing our client’s motorcycle to crash into the GEICO insured’s left rear fender.

Our client suffered injuries as a result of the crash, including several herniated discs and soft tissue injuries.

We demanded that GEICO pay their policy limits and GEICO responded with an initial offer of $23,194.48. We eventually filed a lawsuit against the GEICO insured and settled our client’s motorcycle accident case for $45,000.

Case Study #3: Client v. GEICO Insured (Pima County, Arizona)

Our client proceeded through a four-way stop and was struck by a truck that failed to stop.

Our client suffered injuries, including neck and back sprains and strains, as well as an annular tear at the L4-5 level of her spine.

We later demanded GEICO pay their policy limits and they countered us with an initial offer of $39,807. Through several rounds of negotiations, we were able to settle our client’s truck accident case for $75,000.

Case Study #4: Client v. GEICO Insured (Pima County, Arizona)

Our client was rear-ended by a GEICO insured who was traveling at a high rate of speed.

He was taken to the emergency room and was later diagnosed with a disc protrusion at the L5-S1 level of his spine.

He initially hired another lawyer before hiring our firm and an offer was extended to that firm of $21,727.85. We filed a lawsuit against the GEICO insured and eventually were able to settle his case for $75,000.

Case Study #5: Client v. GEICO Insured (Martin County, Florida)

Our client was traveling on Interstate 95 when he rear-ended a disabled vehicle that was improperly stopped in the left lane of the highway.

He was taken to the emergency room by ambulance and was later diagnosed with two disc bulges at the C5-6 and C6-7 levels of his spine, compressing the thecal sac.

We demanded the policy limits and GEICO responded with an initial offer of $3,816.19. We later settled our client’s case for $20,000, the policy limits of both the driver and the vehicle’s owner.

Case Study #6: Flores v. Hernandez, GEICO Insured (Bexar County, Texas)

Mr. Hernandez turned left in front of Mr. Flores causing a crash at an intersection on Somerset Road in San Antonio, Texas.

Mr. Flores claimed a herniated disc at C5-6 with nerve impingement and back and shoulder pain. He went to a medical clinic the next day and sought treatment with a chiropractor.

Mr. Flores’ attorney settled his case for $60,000, which included the policy limits of both Mr. Hernandez’s liability insurance policy and Mr. Flores underinsured motorist policy.

Case Study #7: Garza v. Cronin, GEICO Insured (Bexar County, Texas)

Ms. Cronin ran a red light and broadsided Ms. Garza’s vehicle near downtown San Antonio, causing her to suffer injuries. Ms. Cronin denied she ran the red light.

Ms. Garza presented to the emergency room within a few hours of the accident and claimed the accident caused several disc herniations in her spine and neck and back sprains and strains.

The case was settled a month after mediation for $85,000.

Case Study #8: Liaghat v. Richardson, GEICO Insured (Dallas County, Texas)

Mr. Liaghat’s vehicle collided with Mr. Richardson’s vehicle when he attempted to make a left-hand turn in front of him in Dallas, Texas.

Mr. Liaghat went to the emergency room by ambulance and was treated for soft tissue injuries to both his neck and back.

The case settled in litigation after mediation for $26,750.

Case Study #9: Bolton v. Hawkins, GEICO Insured (Marion County, Florida)

Ms. Bolton was driving through an intersection in Ocala, Florida, when Rickisha Hawkins, driving a stolen car crashed into Ms. Bolton’s vehicle.

She suffered a concussion and herniated discs at her C3-4 and L4-5 levels. She had symptoms of radiculopathy. Ms. Bolton underwent several surgical procedures, including discectomy, laminectomy, and fusion of her spine at the L4-5 level.

Ms. Bolton settled her case with GEICO for $399,999.99.

Case Study #10: Paredes v. Pollinger, GEICO Insured (Broward County, Florida)

Ms. Paredes crashed head-on with a sedan driven by Mr. Pollinger in Weston, Florida. Ms. Paredes claimed she injured her neck and sued Mr. Pollinger.

Ms. Paredes was taken to the emergency room by ambulance and was later diagnosed with a herniated disc at C5-6, impinging her spinal cord. Ms. Paredes underwent cervical fusion surgery at C5-6 with a plate and other hardware installed.

Ms. Parades settled her case with GEICO at trial while the jury was deliberating for $475,000.

GEICO Contact Information

Phone: (800) 841-3000

Corporate Headquarters: 5260 Western Avenue, Chevy Chase, MD 20815
Mailing Address: One GEICO Plaza, Washington, D.C. 20076

Regional Offices:

• Buffalo, New York
• Dallas, Texas
• Fredericksburg, Virginia
• Indianapolis, IN
• Lakeland, Florida
• Macon, Georgia
• San Diego, California
• Tucson, Arizona
• Virginia Beach, Virginia
• Woodbury, New York

Service Centers:

• Honolulu, Hawaii
• Kansas City, Kansas
• Iowa City, Iowa

Claims Centers:

• Houston, Texas
• Marlton, New Jersey
• Seattle, Washington

Contact Our Experienced Car Accident Lawyers to Handle Your GEICO Claim

Call us today for a FREE consultation regarding your GEICO bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to GEICO. Call (855) 545-1777 to speak to our personal injury attorneys directly.

One of the most common injuries in any auto accident are injuries to the neck. Many injured victims may wonder what the average payout is for whiplash.

The short answer is it will depend, but, in cases where medical treatment is sought, most settle somewhere between $15,000 to $25,000. Of course, this will depend on several factors, such as available insurance, medical treatment, injury severity, the state where the accident occurred, and many others.

The settlement will largely be dependent on whether your injury was a “soft tissue” injury only or you have some sort of permanent neck injury like a herniated disc.

Soft Tissue Case vs. Permanent Injury Case

Your payout for whiplash will heavily depend on whether your case can be categorized as a soft tissue case or a permanent injury case. Soft tissue cases are those that involved only muscle sprains and strains. These types of injuries usually heal within six weeks or less.

A permanent injury case involves an injury such as a herniated disc (or discs). Herniated discs are themselves permanent and can cause persistent pain or other symptoms such as radiculopathy (e.g., radiating pain). This is especially true when the herniated disc is causing a narrowing, known as stenosis, within the spinal column.

The herniated disc can press on either the spinal cord or a spinal nerve root and cause significant pain and other neurological symptoms. These symptoms may not go away with conservative treatment and may require more invasive procedures such as surgery.

As you can see, this is the reason why permanent injury cases are valued significantly more than just a soft tissue injury case. There will likely be more medical treatment, medical bills, missed work, and pain & suffering involved in a permanent neck injury case.

What is Whiplash?

Before we get into discussing what an average payout for whiplash might be, let’s first define exactly what whiplash is.

Whiplash-associated disorders encompass a range of symptoms related to the neck that appear following a motor vehicle accident or car crash. The exact process behind these symptoms remains unclear and difficult to pinpoint. Some previously suggested mechanisms have pointed towards various factors, such as vertebral distraction affecting the facet joint capsule area in the neck, leading to pain.

Additionally, other possible reasons for these symptoms could involve minor injuries to different structures like the facet joints, spinal ligaments, nerve roots, intervertebral discs, cartilage, and paraspinal muscles, or even hemarthrosis of the intraarticular meniscus.

The injury occurs in three distinct stages, characterized by a rapid loss of lordosis (natural curve of the neck).

In the first stage, both the upper and lower spines undergo flexion (bending).

Moving on to the second stage, the spine takes on an S-shaped curvature as it begins to extend and eventually straighten, restoring the lordotic shape of the neck.

The final phase involves the entire spine extending, exerting a strong sheering force that compresses the facet joint capsules.

Whiplash severity is categorized on a scale of 0 to IV, with 0 representing no symptoms to IV representing a severe whiplash injury. The whiplash severity spectrum is as follows:

• Grade 0: No complaints about the neck. No physical sign(s).
• Grade I: Neck complaint of pain, stiffness or tenderness only. No physical sign(s).
• Grade II: Neck complaint AND musculoskeletal sign(s). Musculoskeletal signs include decreased range of motion and point tenderness.
• Grade III: Neck complaint AND neurological sign(s). Neurological signs include decreased range of motion and point tenderness.
• Grade IV: Neck complaint AND fracture or dislocation.

Is it Worth Suing for Whiplash?

Usually, yes. The good news is most whiplash cases are settled before a lawsuit is filed. But if the insurance company is being unreasonable, you certainly should file a lawsuit. Just because your injuries aren’t viewed by the insurance company as serious, doesn’t mean they aren’t and don’t justify seeking justice in court.

There are those whiplash cases where the injuries had subsided within a couple days or weeks, where quite a bit of time has gone by since the accident, and there has been no medical treatment. In these types of cases, there’s a good chance it might not be worth filing a lawsuit. But that doesn’t mean you shouldn’t pursue your case against the insurance company for compensation “prelitigation,” without filing a lawsuit. The best thing you can do is consult with a lawyer to make sure you’re not leaving any money on the table.

Do I Need a Lawyer for My Whiplash Case?

No, you don’t NEED a lawyer for a whiplash case. You can certainly handle it on your own. But as with anything concerning the law, things can get incredibly complicated fast.

There are so many laws intertwined in the practice of personal injury law, including tort, contracts, procedure, and evidence. You not only have to be aware of state (and sometimes federal) statutes, case (judge-made) law but you need to know how insurance companies handle claims. This is the benefit of having a personal injury lawyer help you on your case.

Although you will pay a personal injury lawyer a contingency fee on your case if you choose to use one, that fee will likely be minuscule compared to the upside that a lawyer adds to your case. In fact, there have been studies that showed claimants received 40% more when represented by an attorney.

How is a Whiplash Settlement Calculated?

Your whiplash case settlement will be calculated based on your “damages.” Your “damages” include your medical expenses, lost wages, and your “general damages.”

Your “general damages” are sometimes referred to as your “pain and suffering,” although that’s just one type under the general damages umbrella. There are many others including mental or emotional distress, impairment, or loss of enjoyment of life.

In most whiplash cases, the largest driver of value will be the medical expenses since insurance companies do not typically place a whole lot of pain and suffering on whiplash cases. So, undergoing reasonable medical treatment is extremely important to receive fair value for your whiplash case.

Here is an example to illustrate how a whiplash settlement is calculated:

Paula was rear-ended and suffered a whiplash injury to her neck. Right after the accident she sought treatment at the local emergency room and later followed up her care with a chiropractor.

Paula’s medical bills totaled $8,500. She also lost $1,500 in wages at her job as a result of her injuries. She felt that given her injuries, she should be compensated $5,000 for her pain and suffering. So, she may calculate her case value to be $8,500 + $1,500 + $5,000 = $15,000.

The insurance company of the driver who caused Paula’s accident will likely calculate her settlement using claims adjusting software. If she ends up filing a lawsuit and a jury hears her case, the jury will award her an amount that they think is reasonable given the evidence she’s presented.

Factors Affecting Whiplash Payouts

There are many factors that can affect the value of a whiplash case. These factors include:

Factor #1 – Medical treatment: Whiplash settlements will be heavily affected by the amount of your medical treatment.

Since whiplash isn’t typically an objective injury, you’ll need to prove your damages with the evidence of your medical treatment. This medical treatment will be documented in your medical records. The medical records will outline your injuries, complaints, diagnosis, medical treatment, and prognosis.

Without reasonable and consistent medical treatment, it might be difficult to achieve fair compensation for your whiplash injury.

Factor #2 – Severity of injury: As you may have guessed, the more serious your injuries, the greater your case value typically is. So, you’d expect most whiplash cases to be valued on the lower end of the settlement value spectrum. But that’s not always true. There are cases of whiplash that either have other more serious interrelated injuries, such as a concussion, or severe whiplash where the consequences may be felt for years or a lifetime after the accident. The key in these types of more severe whiplash cases is to provide as much evidence as you can to show proof that there is an actual permanent injury.

Factor #3 – Comparative fault: In most states, fault can be shared among the parties involved in an auto accident. If you share some of the blame for your accident, you may not be able to qualify for all of your recoverable damages. And even in some cases, may be barred completely from recovering anything.

Many states, like Florida and Texas, have what’s called a Modified Comparative Fault system where if you’re more than 50% at fault for your accident you are barred from recovering any of your damages. If you share some of the blame for your accident and it’s less than 50%, the amount of your recoverable damages will be reduced by that amount.

Other states, like Arizona and California, have a more forgiving system called Pure Comparative Fault. Under this system, even if you’re 99% at fault for your accident you can still technically recover some of your damages.

Factor #4 – Insurance policy limits: The amount of insurance that the at-fault party has will usually limit the amount of your recovery, unless they are a wealthy individual or a company with assets or you have underinsured motorist coverage on your own insurance policy.

Most states have a minimum liability requirement for bodily injury coverage that covers the innocent party’s medical expenses, lost wages, and pain and suffering in an auto accident.

Florida is one exception to that rule. Drivers in Florida are only required to have $10,000 in personal injury protection (PIP) and $10,000 in property damage. Typically, your own PIP coverage will cover 80% of medical bills and 60% of lost wages. The property damage coverage covers the innocent party’s damaged vehicle.

Other states minimum requirements will vary. An example of those states’ minimums are below:

Arizona

• Bodily Injury: $25,000 per person and $50,000 total per accident
• Property Damage: $15,000

California

• Bodily Injury: $15,000 per person and $30,000 total per accident
• Property Damage: $5,000

Texas

• Bodily Injury: $30,000 per person and $60,000 total per accident
• Property Damage: $25,000

Factor #5 – Health insurance: If you have health insurance or Medicaid/Medicare, it may severely impact the amount of your whiplash settlement. Some states like Texas have a rule that limits your medical damages to the amount that was paid or incurred. So, if your health insurance paid your medical bills, the amount of medical bills you can submit for your case will be what was paid by your plan, not what was billed.

California and Florida have a similar system to Texas.

However, in Arizona, payments by “collateral sources,” such as payments by health insurance do not come into evidence. This is a very beneficial rule to claimants.

Factor #6 – Plaintiff’s profile: Who you are can impact the value of your whiplash case. This includes your occupation, criminal history, gender, physical appearance, marital status, and other biographical information.

Factor #7 – Defendant’s profile: Who the defendant is can also impact the value of your whiplash case. This can include whether the defendant is a company or a criminal. If either of these are true, your case value may be positively affected.

How Do I Get the Most Out of My Whiplash Claim?

1. Get medical treatment immediately after your accident and preferably at the emergency room.
2. Follow up with consistent medical treatment with a chiropractor or physical therapist.
3. Get an MRI if you’re not progressing with conservative treatment or have symptoms that indicate more than just soft tissue injuries, such as radiculopathy (radiating pain/numbness/tingling).
4. Don’t settle your case until you’re released from all medical treatment or at least have an idea of what the future holds for your future medical care.
5. Discuss your case with a car accident lawyer before you make any decisions.

How Long Should a Whiplash Claim Take?

Most whiplash cases settle within six months. But this will vary depending on how long your medical treatment takes since you should be released from all treatment prior to settling your case.

Some cases take longer if you’re not able to get a reasonable settlement and need to file a lawsuit.

If there is only a minimal amount of insurance and your damages exceed that amount, you may be able to settle your case immediately.

Should I Accept the First Whiplash Settlement Offer?

Absolutely not. You should always negotiate with the insurance company with several rounds of negotiations. Start at a high number and work your way down. Have a target in mind from the beginning of your negotiations so you know where you’re going.

Do Whiplash Claims Get Rejected?

Unfortunately, yes. Whiplash claims may get rejected for a host of reasons, including:

Coverage

The insurance company may deny your claim for several reasons. The most common would be that the policy lapsed for non-payment. Other reasons may be because the driver was not authorized to use the vehicle (e.g., vehicle was stolen) or the driver was using the vehicle for rideshare (e.g., Uber, Lyft, etc.) and didn’t have a rideshare endorsement on their policy.

Liability

The insurance company may have denied your whiplash claim because they determined that you caused the accident.

Minimum Impact

Due to the visible property damage, the insurance company may deny your whiplash claim, categorizing it as a Minor Impact Soft Tissue Injury (MIST) case. In this type of case, they will claim that there wasn’t a sufficient impact to cause an injury.

Fraud

An insurance company may deny your whiplash claim in cases where they suspect fraud. They will assign these claims to their internal fraud department called Special Investigative Unit (SIU). This usually occurs when they are aware of multiple claims being made by you or if you treated with a medical provider that is on their radar for overtreating patients or for excessive billing.

If your whiplash claim is ever rejected for any of the reasons above, don’t give up. Best thing to do is get a free consultation from a personal injury lawyer and see if they can help.

Is Whiplash Considered a Permanent Disability?

Yes, in some cases it can be considered a permanent disability. In cases where you suffered more than just strains and sprains of the neck muscles or tendons, a permanent injury may certainly exist.

The most common type of permanent injury that is related to whiplash injuries is a herniated disc of the cervical spine. A herniated disc can cause substantial impairment with loss of mobility and pain, numbness, tingling, and weakness in the neck, shoulders, arms, hands, and fingers.

In some cases, the only way to alleviate symptoms from a herniated disc is to undergo surgery.

Whiplash Settlement and Verdict Examples

Below are some real whiplash settlements and verdicts from around the country.

Case Study #1: Client v. The Hartford Insured (Broward County, Florida):

Client was traveling northbound on a mall access road and through the West Hillsboro Boulevard intersection when defendant, a Hartford insured, ran a red light and struck Client’s vehicle on the left rear side causing it to change directions and strike the front bumper of another vehicle in the intersection.

Client presented to a chiropractor with complaints of neck, middle and lower back pain, and left hip pain. She was diagnosed with whiplash and strains and sprains of her back and hip. She treated with the chiropractor for 30 visits, underwent MRIs of her neck, back, and shoulder, and a consulted with an orthopedic doctor for her neck and back pain. The orthopedic doctor recommended epidural steroid injections in her neck and back. If those were unsuccessful at alleviating her pain, he recommended a microdiscectomy. Our Client declined both recommended procedures.

We later settled our Client’s case for the at-fault party’s policy limits of $100,000.

Case Study #2: Clients v. Progressive Insured (Montgomery County, Texas):

Clients, husband and wife, were traveling on Interstate 45 south in Conroe, Texas, when they were rear-ended by defendant, a Progressive insured.

The day after the accident, both clients presented to a medical doctor with complaints of pain in their necks (whiplash), and back pain. They were referred to conservative treatment with a chiropractor. Both of their pain persisted after a reasonable time after they started treating with the chiropractor and were referred out for MRIs of their neck and back. The radiologist noted several small disc herniations causing moderate to severe stenosis. As a result, they were referred to a pain doctor for pain management. Both clients underwent cervical epidural steroid injections.

After being released from treatment with minimal pain, we settled both of their cases for $50,000 each.

Case Study #3: Client v. Fred Loya Insured (Harris County, Texas):

While driving southbound on Gemini Avenue, our Client was t-boned at the El Camino Real intersection in Webster, Texas. Immediately after the accident, she presented to the emergency room with complaints of neck and shoulder pain. She later followed up with a chiropractor and underwent 13 treatment sessions. She was later referred out for an MRI but did not end up getting one.

We were able to successfully settle her case with Fred Loya for their policy limits of $30,000.

Case Study #4: Client v. Progressive Insured (Osceola County, Florida):

Our Client was traveling north on South Poinciana Boulevard north of County Road 531 in an unincorporated area in Osceola County, Florida when another driver hit her head on.

Immediately after the accident, our client presented to the emergency room by ambulance with complaints of abdominal pain, left hip pain, forearm laceration, abrasions to the left lateral neck, abrasions to the left groin, and abrasions to both knees. She was admitted overnight in the hospital due to not being able to stand up and walk on her own. She was released the next day and advised to follow up with her primary care physician.

Due to persisting pain, she presented to a chiropractor for an evaluation of her neck pain, low back pain, right wrist pain, bilateral leg pain, right ankle pain, and chest pain.

Due to the pain, positive orthopedic tests, restricted ranges of motion following a traumatic accident, he ordered a lumbar MRI and started her on a regiment of conservative therapy to improve ranges of motion, improve balance and coordination, decrease pain and spasm as well as strengthen the injured areas.

At the L4-L5 level of her spine, there was a 5 mm central disc herniation compressing the ventral epidural space and central L5 nerve roots. There was an associated disc bulge which extended into the neuroforamina bilaterally affecting the exiting L4 nerve roots, clinically correlated for L4 and/or L5 radiculopathy.

At settlement conference we were able to obtain a $100,000 policy limits settlement for our Client, the at-fault party’s policy limits.

Case Study #5: Client v. GEICO Insured and State Farm (Pima County, Arizona):

Our Client was rear-ended while making a U-turn on Sabino Canyon Road near Tanque Verde Road in Tucson, Arizona. Later that day she presented on her own to the emergency room with complaints of whiplash and lower back pain. CT scans were taken but there were no positive findings of any fractures.

Our Client later treated with a chiropractor for 30 sessions. She was released from treatment with minimal persistent pain.

We later settled her case against the at-fault party’s insurance company, GEICO, for their policy limits of $25,000. In addition, we achieved a settlement from her underinsured policy with State Farm for $7,500, for a total of $32,500 in total settlements.

Case Study #6: Plaintiff v. Defendant (San Joaquin County, California):

Plaintiff was traveling north on North El Dorado Street in Stockton, California. Defendant struck Plaintiff’s vehicle as he was attempting to make a left-hand turn onto East Churchill Street.

Plaintiff experienced whiplash and contusions to her chest wall, back, and finger. Immediately after the accident she was transported to the emergency room. She was diagnosed with a cervical strain.

Nine days later, Plaintiff commenced chiropractic treatment. She attended 24 treatment sessions over a span of three months. Two and a half years later she resumed chiropractic treatment with another chiropractor and underwent 13 sessions.

The jury awarded her $14,000 in total damages, including $9,000 for past pain and suffering and $5,000 for future pain and suffering.

Case Study #7: Plaintiff v. GEICO Insured (Orange County, California):

Plaintiff was rear-ended on MacArthur Boulevard near the exit of California State Route 73 in Irvine, California.

Plaintiff claimed she suffered whiplash and hearing loss in her left ear from the accident. She presented to her doctor eight days later with neck and back pain only.

The jury awarded her $253,453.63. This included $20,000 for future medical costs, $20,000 past pain and suffering, $200,000 for future pain and suffering, and $13,454 in past medical costs.

Case Study #8: Plaintiff v. Allstate Insured (Orange County, California):

Plaintiff was t-boned while he was driving through the intersection of Deere Avenue and Red Hill Avenue in Irvine, California. Plaintiff later went to urgent care with complaints of whiplash and headaches.

Plaintiff later treated with a chiropractor and underwent occipital nerve block injections. His treating orthopedic doctor opined that he would need these nerve block injections for the rest of his life to manage his headaches.

The jury awarded the plaintiff $57.500, including $15,000 for past medical expenses, $7,500 for future medical expenses, and $35,000 for pain and suffering.

Case Study #9: Plaintiff v. Nova Casualty Insured (Tarrant County, Texas):

Plaintiff was struck by a cement truck driven by defendant while traveling on Bailey Boswell Road in Saginaw, Texas.

Plaintiff was taken to the emergency room by ambulance immediately after the accident. She later followed up with a chiropractor for the pain in her neck. She was later referred out for an MRI of her neck where two disc herniations were revealed.

Later, she was referred to a pain doctor and recommended pain injections but refused. She also saw an orthopedic surgeon where she was recommended a cervical fusion surgery, which she also refused.

Plaintiff was awarded $250,000 at trial, with $100,000 for past medical expenses and $150,000 for future medical expenses.

Case Study #10: Plaintiff v. Progressive Insured (Williamson County, Texas):

Plaintiff was traveling on A.W. Grimes Boulevard in Round Rock, Texas when she was rear ended by defendant.

Plaintiff claimed whiplash injuries and presented to her primary care doctor 10 days later. She was later referred to a chiropractor for conservative treatment. She underwent three MRIs and an EMG where it was shown that she had a pinched nerve.

The jury awarded $50,900 to the plaintiff, including $33,900 for past medical expenses, $5,000 for past physical impairment, and $12,000 for past pain and suffering.

Contact Our Experienced Car Accident Lawyers for Your Whiplash Injury Case

Call us today if you were in an auto accident and suffered a whiplash injury. We will give you a free, no risk strategy session to help win your whiplash injury case. Call us at (855) 545-1777 to speak directly with one of our attorneys.

The answer to this question will almost always be “NO.” Throughout this article, we will discuss why that is the case.

Accidents are such a common occurrence that it is rare at this point that you haven’t been involved in one than if you had. That doesn’t make them or the aftermath any less frustrating to deal with. The questions that arise can make anyone’s head spin.

What do I do next? Who is liable? How will I pay for the medical bills or costs to repair my vehicle? These are common and relevant questions you may have after an accident.

What Do I Do Next?

The first important detail that you should attend to is yourself. If you have an injury, you must seek adequate medical care for your injuries. Once you have begun that process, you will likely hear from insurance companies over the near future that will offer you a settlement for your injuries or the damages to your vehicle, or both.

It can feel like an instinct for most of us to want to settle this portion of the process quickly so we can get back to life as we know it and stop stressing over an accident. What can occur, however, by us settling too soon is that we inhibit ourselves from getting the total amount that we deserve after an accident, leaving us in unnecessary financial duress.

Why Do Insurance Companies Want to Settle Quickly?

Remind yourself of their objective when insurance companies contact you to offer you a settlement for the damages. They are hired to protect the best interest of the company they work for and their clients. You can see in that sentence where your needs or your best interest isn’t in the equation. That’s because it isn’t.

Insurance companies want to try and close files as quickly as possible for efficiency purposes (accidents happen every hour, on the hour) and to help mitigate further compensation being requested. In some cases, the full extent of your injuries may have yet to present themselves, or the issues with your vehicle may have yet to be entirely determined. By rushing to a settlement, an insurance company can try to get you to agree to a settlement, absolving themselves from any additional compensation before you fully establish what you’re owed.

You may not know that when you agree to a settlement, it almost always means that you have no further recourse to obtain additional compensation for damages. By agreeing to the settlement it releases the other parties involved from further liability. So if you uncover further or more extensive treatment is needed for your injuries, you won’t be able to go back to the insurance and ask for more compensation.

What are other Reasons for Companies to Rush a Settlement?

Insurance companies also know that everyday people aren’t typically skilled in negotiations. If they give individuals more time, they have time to prepare or consult an attorney qualified in negotiations, requiring more of the insurance company in most cases and won’t settle.

Experienced attorneys are well-versed in negotiations and the tactics that insurance companies often use to get people to settle for less than what is deserved after an accident. This skill set can be of great benefit to you to have them help you with negotiations and communication in general, so you aren’t selling yourself short and leaving yourself open to financial stress.

When Does Settling Make Sense?

It may be a good time to settle if you have taken the time to assess your injuries adequately, completed your proposed treatment, and consulted an attorney.

These steps must occur before settlement to avoid the difference between you obtaining total damages and being left to pay for them out of pocket.

This patience can be challenging to achieve with time away from work and mounting medical bills, but it is in your best interest to take your time and allow all details to be covered before settling. Speak with an experienced attorney that can help you understand the process and next steps.

How Can an Attorney Help?

There are several ways in which a qualified attorney can help you after an accident. A lawyer will work to obtain the necessary evidence to help you establish fault, help you to organize your medical bills and police records, and more. 

They can also help you negotiate with the insurance company, work with medical providers to ensure that you have all the documentation before settling the case, and negotiate any outstanding medical bills or liens. 

They can help to protect you from yourself in a sense as well. What we mean by this is similar to what we discussed above. In your rush to get back to life as you know it and put the car accident behind you, you may accidentally say something to an insurance adjuster that can sway the fault for the accident to be placed on you, interfering with your chances at obtaining total compensation that you are owed. Or by accepting a settlement that doesn’t cover the costs, you acquired throughout the accident and the aftermath. 

Don’t allow yourself to be put in this situation. Contact our office at 855-545-1777 to learn more about how we can help you. Our team is qualified and skilled in handling car accident cases, and we are confident we can help you, too.