Is an insurance company required to pay for pain and suffering from a car accident without serious injuries?

Asked almost 2 years ago - Brighton, CO

We were in a car accident a couple days ago, we were rear ended. I have Farmers, the other driver has Geico. My insurance told me I have to call the other insurance to deal with them. I am in a lot of pain but the dr. we saw said it is only soft tissue damage. Unfortunantly I am in the procress of being a Gestational Surrogate for a couple and the dr. we are using doesn't want me to take anything stronger than tylenol/advil, So I am still in quite a bit of pain. Is the insurance company required to pay a monetary sum for the pain and suffering?

Attorney answers (5)

  1. John H Barrett

    Contributor Level 13

    6

    Lawyers agree

    Answered . You have a claim against the other driver for your damages, including medical bills and pain and suffering. The other driver's insurance company will pay that claim or defend him in court if no settlement is reached. You should get treated for your injuries as soon as possible. You should consult with a personal injury attorney about this matter.

    John H. Barrett 728 Pearl St. Boulder Co. 80302 303-443-6924
  2. Jeffrey Larkin Wertz

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . You have a legal claim against the other driver which would include your pain and suffering as an element of your non-economic damages. You need to consult a competent trial attorney ASAP.

  3. Kevin Coluccio

    Contributor Level 20

    7

    Lawyers agree

    Answered . You should get any and all necessary treatment for your injuries. Yes, the responsible party would be required to pay for medical billings and pain and suffering.

  4. Mary Arnold Ewing

    Contributor Level 8

    5

    Lawyers agree

    Answered . It sounds as though the other driver is at fault. His/her insurance company is responsible for payment of your damages which would include your medical expenses, pain and suffering, loss of time, loss of enjoyment of life, and any impairment and disability. Just because you have soft tissue injuries does not mean that you don't have injuries that are worthy of compensation

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need an attorney to help you.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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