At first, you felt fine after the car accident. Then, after the shock wore off, you noticed pain in your neck that just seemed to get worse and worse.
Whiplash might not seem like a big deal, but it can be a debilitating injury that requires an involved treatment and recovery process. Thankfully, your medical bills for whiplash are covered by auto insurance in New York. This guide from the trusted legal team at Richmond Vona will explain what whiplash is, what damages you can recover for it, and what the claims process will look like.
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What Is Whiplash?
Whiplash is an injury that results from a sudden, rapid movement of the head and neck. When your head snaps forward or backward from an instant change in your car’s momentum, it stretches soft tissue in and around the neck, spraining muscles and ligaments.
Whiplash has a wide range of outcomes. It can be mild and resolve within weeks, or it can lead to chronic pain or require surgery in severe cases. While it’s most common in rear-end collisions, whiplash can result from any kind of car accident—even those that occur at low speeds.
How Whiplash Can Hide Other Injuries
As whiplash following a car accident is relatively common, its symptoms can mask more significant injuries to the spinal cord, such as herniated or bulging discs. You might just feel pain in your neck initially, but imaging tests might show spinal damage that could require surgery to effectively treat. It’s important to know that evenif you have a pre-existing injury, you may still have a case.
It’s important to get a full medical evaluation after a crash to rule out serious injuries beyond whiplash.
Does Your Car Insurance Cover Whiplash?
Yes, your car insurance may cover medical bills related to whiplash—especially if you’re not at fault for the accident. In a no-fault insurance state, your whiplash damages will be covered by your own policy regardless of liability.
How New York's No-Fault Insurance System Helps With Whiplash
New York is a no-fault insurance state, meaning you will typically seek benefits from the applicable no-fault insurer first, regardless of who caused the crash. These benefits can cover reasonable and necessary medical treatment for whiplash, a portion of lost wages, and certain accident-related out-of-pocket expenses, up to the available policy limits. In New York, basic no-fault coverage is generally at least $50,000 per person.
If your losses exceed available no-fault benefits, you may be able to pursue the at-fault driver for additional economic damages. However, to recover non-economic damages like pain and suffering, your injury must generally meet New York’s “serious injury” threshold, which may include a fracture, significant disfigurement, permanent loss of use, permanent consequential limitation, or significant limitation of use.
Regardless of if you pursue a lawsuit later, you generally must file a no-fault application with the appropriate insurer within 30 days of the crash.
What Damages Can You Receive for a Whiplash Claim?
The damages you can recover for whiplash include:
- Medical bills
- Future medical care
- Out-of-pocket expenses related to your injury
- Lost wages
- Pain and suffering
- Scarring or disfigurement
- Emotional trauma
Real Results We’ve Secured for Whiplash Claims
How Long Can it Take to Resolve Your Whiplash Claim?
What Are Your Next Steps?
Whether you’ve already dealt with insurance or still need to get medical attention, it’s not too late to take proactive steps to protect your claim. Here are the steps you should take after suffering whiplash in a car accident:
- Get a medical evaluation: Having your injury properly examined is a critical step for both getting effective treatment and building a successful claim. Documents showing your physical condition both before and after the accident can demonstrate the impact of your whiplash injury.
- Preserve evidence: In addition to your medical records and bills, gather receipts for expenses and lost wages, take photos showcasing the extent of your injury and of the accident, and keep a symptom journal to document how your whiplash affects your life. If you’re not able to preserve evidence yourself, a family member or loved one may be able to help do so.
- Avoid direct communication with insurers: Outside of notifying your insurance company about your claim, don’t make any recorded statements, don’t make any social media posts, and don’t sign any early settlement offers. Your lawyer can advise you on what to do and when.
- Speak to an attorney: An experienced legal professional can help you deal with insurance companies, handle your claim, protect you from lowball offers, and negotiate a settlement that fully compensates you for your whiplash injuries.
How Richmond Vona Can Help With Your Whiplash Claim
We handle whiplash claims acrossNew York Statefrom our offices inBuffalo,West Seneca,Niagara Falls, andRochester. Withdedicated teamsof two to three people assigned to each client, you’ll receive dignified, fully personalized legal guidance from serious trial attorneys committed to getting you the best possible results.
If you need help with your whiplash claim or have any questions we can answer,reach out to us onlineor call(716) 500-5678today to schedule a free consultation.
