I was rear-ended a year ago sitting still at a traffic light in Dallas, TX. There was minimum damage to my vehicle, as well as the vehicle that struck me. However, I sustained neck & back injuries, primarily my neck. So, I filed a claim with GEICO and received a payment for $931.33 for the damages to my vehicle. Initially, my medical claim was denied, but was later reopened. I received therapy for about 6 months, which I paid for out of pocket, and upon completion I submitted all of my bills and the requested documentation. My medical expenses totaled $2090 and loss of wages were $1677. The most I've been offered to settle is $1591.20, after I rejected the first two offers of $1291.20 and $1441. The adjuster, as well as her supervisor, both agree with a "Biomechanical Analysis" that was ran for my accident which reports I didn't need treatment and that my body would've healed itself within 21 days. My claim is currently closed, but can be reopened if I'm willing to accept their offer.
The type of case you have is a real problem for those of us handling auto injury claims. If the damage to the car is minimal the insurance company will have testimony available that the accident could not have caused the serious injuries you had. The Biomechanical Analysis you asked about is the assessment that is done to prove you could not have been that badly injured. Because the amounts of loss is relatively small a lawsuit would be costly. If you do wish to take them to court, you can file in Justice Court without an attorney as long as the amount claimed is less than $10,000.
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