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AMF insurance was liable for my wreck, do I have a right to ask for lost wages and cash if I didn't see a Dr?

Salina, KS |

April I was hit from behind by SUV. Other party was a fault and they (AMF) said they would take care of my car damages. I was also dazed and confused 3 days after. Neck and back pain wich I have been upfront about at scence of accident. Although didn't seek treatment at time. My daughter has also had pain and nightmares from accident. Do I have a right to say hey you owe me something for pain and suffering? They got a rental for me which has been hell, cuz rental company signed me up for 400 insurance and cashed in on my account. No permission from me to with draw anything. They did cover my car damages 6000. Thus far do they owe me and just cause you suffer without seeing a Dr doesn't mean your not hurting.

Attorney Answers 4


  1. Best answer

    From the perspective of some insurance adjusters, a statement of I am in pain, without any supporting medical documentation or the assistance of a qualified attorney, will get you a there, there and possibly on a good day a low ball offer of 100-300 for your pain.

    Pain is your body telling you something is not right. Listen to your body and have treatment to help your pain subside or be more manageable. Secure counsel to help you overcome resistance of the adjuster on treatment subsequent to the event.


  2. Don't try to handle it yourself, and sabotage your good claim. Retain a local personal injury lawyer to resolve it.


  3. In Kansas you have to incur $2,000 in accident related medical expenses before you can make a claim for pain and suffering (or the fracture of a weight bearing bone and some other exceptions which don't appear to apply here).

    The good news is you should have Personal Injury Protection (PIP) benefits through your auto insurance to pay for treatment if you need it. This is the "no fault" coverage people typically talk about.

    If you are hurting from the accident I would advise going to the doctor and submitting it to your Insurance carrier. If you incur $2,000 in medical expenses as a result, you would then likely have a claim against the at fault driver. On the other hand, if you haven't treated at all the insurance carrier is unlikely to offer anything.


  4. Get necessary medical care and consult with a local personal injury attorney.