What to do if I’m having severe pain/stiffness in my neck along with headaches the day after following a car accident where the driver rear-ended me and I plan to seek medical treatment?

Should I contact them and let them know that I am planning to seek medical treatment and How do I go about contacting the driver’s insurance to claim my medical treatments?

Asked on October 9, 2015 under Personal Injury, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can ask the driver for his/her insurer so you can contact them, but the driver does not have to give you that information. And even if he did, the insurer does not need to pay you if they feel their driver was not at fault or if the choose to pay you, they may offer less than you think you deserve--any and all payments are voluntary unless and until  you sue and win, so they don't have to give you what you want. They might give you what you want, if they feel your request is reasonable and justified, and it'd be less expensive to pay you than fight you--it's just they don't have to pay you what you want, so you can't count on it.
Certainly speak to the other driver, explain the situation, and ask for the insurance information. But be prepared that if the driver will not give you the information or offer to pay you him/herself, or the insurer will not pay you what you want, that you may have to sue--suing is how you get money when the other side will not voluntarily pay it.
As to timing suing will take months or years. And even if the other side or the insurer agrees to pay, that will usually take weeks or months. You have to arrange for and pay for your own medical treatment or use your medical/health insurance, of course, then seek reimbursement later, to make sure you get treated in a timely manner.


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