Mercury insurance: Kind and Generous?!!?!

This individual handled her case on her own and it was a nightmare. Let us help you get well and help you take the headache out of this situation and set you up with areputable attorney, so you can focus on getting well.  We can help you find an attorney even if you are out of our area(all Over Texas).

 

Jennifer Evans Gardner: Mercury: Kind and Generous

from The Full Feed from HuffingtonPost.com by Jennifer Evans Gardner

1 person liked this - you

Mercury Insurance is so generous.

On Tuesday, California voters will get the chance to vote on Prop 17, which Mercury, out of the goodness of their hearts, has spent some $10 million on. Those crazy kids. All to save us money.

Unless you live under a rock, you've heard about this initiative, which if passed, will allow insurance companies to raise premiums on drivers who, for any reason, didn't have insurance coverage at some point in the past five years. They're calling it a "loyalty discount."

Well, duh, you say. Mercury doesn't want to save us money.

But it's not just Prop 17... Mercury doesn't appear to like paying legitimate claims either. I would know. I'm a Mercury insured.

Two years ago, I was rear-ended by another Mercury insured while sitting at a stop sign, an accident that resulted in a neck injury. No problem, I thought. Two civilized individuals, both insured by the same company - why would there be a problem? I got my car repaired, then contacted Mercury to let them know they needed only to reimburse my out-of-pocket medical expenses - nothing else.

Know what they said?

The generous folks at Mercury offered me about half of what I had paid out of pocket. In other words, I would only have to pay a few thousand dollars for being rear-ended. Lucky me!

Wait a minute... isn't that what insurance is for, I asked? Why do I make those monthly payments, if not to keep from going into debt in case of an accident? Apparently not. Even though I had gone to my doctor of 25 years, a reputable physician in Beverly Hills, in their eyes, I had "over-treated," so I was out of luck.

I had a choice. I could accept their offer and eat the difference, or I could sue them. However, with some research, I discovered countless similar complaints... it seemed that this was actually a pattern with Mercury; and that if I did venture to sue them, I would likely spend years in depositions and a trial, not something I had the time or the patience for.

In a phone interview, Naomi Seligman, Director of Public Affairs for Consumer Watchdog, a non-partisan consumer advocate organization, said, "there are hundreds of complaints lodged against Mercury for everything from discrimination to trying to weasel customers out of claims money." I was hardly unique.
I decided to sue them in small claims court.
I know what you're thinking. You can't sue an insurance company in small claims court! True. But if you sue their insured, Mercury will send a representative. Not for you, silly -- for the other guy.

Of course, small claims court is for quick, no-frills citizen vs. citizen hearings; however, Mercury found a loophole. In fact, the Mercury representative in my case seemed to know a lot of folks at the courthouse, and admitted to the defendant that he was "a regular."

My "Mr. Smith Goes to Washington" (or "Ms. Evans-Gardner Goes to Van Nuys") moment was a proud one. I showed up in court with a thick file of color-coded exhibits, my witnesses, and a kick-ass closing argument, if I do say so myself. I greeted the defendant, apologizing for having to drag him into court. He was cordial, but embarrassed. An insured driver, he would have also hoped to avoid such a situation.

A Mercury rep, holding an official-looking briefcase, stuck out his hand with a big smile. "Good morning, I am Mr. S, here from Mercury Insurance on behalf of Mr. X." "Oh, good morning," I replied. "Are you here for me, too?"

He looked puzzled. "You?" he smirked.

"Well, I'm your insured, too." I looked around the room. "Is there a Mercury guy for me?" He looked flustered. "Gosh," I said. "Could there be a conflict of interest?"

He proceeded to advise me, kindly, mind you, that I had little chance of winning and suggested I accept their settlement. "No, thank you," I answered politely.

"I see you have your husband and son here," said Mercury Man. Well, yes, I explained. Not only were they witnesses, but this was also a teaching moment for my 12 year-old. I looked him straight in the eye, adding, "I want my son to see that when someone tries to take advantage of you, you stand up for yourself." He sputtered something about how, as a parent, he appreciated that. I wondered how his parental ethics figured into bullying a victim into paying for her injuries.

To make a long story short, my Perry Mason moment never happened. The commissioner simply looked at the evidence and awarded me the maximum amount, plus court fees.

In other words, I beat Mercury's scrawny ass.

All I had to do was sit back and wait for my check, right? Wrong. It didn't come. I couldn't believe it. Could Mercury really be so bold as to violate a Superior Court order?
I called Darrel Ng, Press Secretary for the California State Department of Insurance, who said, "Mercury has been fined $500,000 in the past five years for claims handling practices, among other things." Guess they don't mind breaking a few rules.

Meanwhile, $500,000 over five years? That's just $100,000 per year, a downright bargain for Mercury, whose profits were reported at over $400 million last year.

Turns out, Mercury isn't all that generous after all. Spending millions to save us money? That's a good one. The question is: how many voters will they fool with their misleading ads and ballot language?
I finally received my check the other day, exactly two years after the accident, and though my neck still hurts, that's a load off my mind. By the way, I'm shopping for a new autoinsurance company... any suggestions?

What is Personal Injury Protection (PIP)

The Texas Department of Insurance requires automobile insurance carriers in our state to issue all automobile policies it writes at least $2500 worth of coverage and you have this coverage unless you reject it in writing. Most people are unaware of this coverage or even know what it is and therefore very few people use it. You end up paying for coverage that they don’t inform you about and you’re entitled to.

Why? Insurance is not understood and most people rely on their agent and claims adjusters to advise them on what to do after an accident. Insurance is a multi-billion dollar industry and are in business to make money. They keep their costs down, less payout, more profits and bonuses at the end of the year. Good for them and not for you.

What is PIP?

PIP is no fault coverage similar to health insurance but on your auto policy for your injuries and your passengers injuries. This coverage is available regardless who is at fault. Yes, you can be the cause of the accident and you will still be covered. There’s no deductible and no co-payment. There is other separate coverage that will cover the other party if you were at fault. If you do not have PIP then you could still be covered if you were in an accident in another state besides Texas. You may also be covered if you were hit in a crosswalk by a car or on a bicycle or borrowing someone else’s car.

What will a claim do to my insurance rates and policy renewal?

Under section 5.7016 of the Texas insurance code, automobile insurance carriers cannot non-renew you for filing one PIP claim in a 12 month period. Also, it is unlikely that they would raise your rates for a sole PIP claim.

Why doesn’t the other guy’s insurance pay for my medical expenses and why should I use my insurance?

Medical treatment is expensive and you are liable for the costs. There is a chance that the other party may never pay for your medical expenses leaving you a financial burden. PIP gives you peace of mind that your medical bills are covered. If you use your health insurance, you may have to pay a deductible and co-pays to your doctor and if the health insurance finds out that you were in an accident they could request to be reimbursed. Some people get referred to a medical provider by their attorney and the medical provider agrees to be paid months or even years later. Since there are a limited number of medical providers who agree to this arrangement, your choice and quality of healthcare may be limited. The answer is to use your PIP coverage so you will not have to pay for medical expenses out of your pocket and get the best possible healthcare treatment available for you and your family’s injuries caused by the accident.  Also, if there is coverage from the other guys insurance, then this is an added advantage to reduce any out of pocket expense.

Anatomy of Whiplash

When your body is involved in trauma, your neck is one of your most vulnerable areas. Whiplash, the hard and fast forward-backward movement of the neck, can cause pain that can last well after other injuries have healed. To understand why your neck is so sore, it helps to know the anatomy involved.

Whiplash can be a complicated diagnosis as the doctor tries to figure out exactly which parts of the spine have been affected. And there are a lot of complex parts to your cervical spine—the technical name for your neck. The cervical spine begins at the base of the skull. It contains seven small vertebrae (bones), which doctors label C1 to C7 (the 'C' means cervical). The numbers 1 to 7 indicate the level of the vertebrae. C1 is closest to the skull, while C7 is closest to the chest.

In between each vertebra are tough fibrous shock-absorbing pads called the intervertebral discs. (These discs are what slide back and forth during the trauma.) Each disc is made up of a tire-like outer band and a gel-like inner substance. The outer band is called the annulus fibrosus; the inner part is called the nucleus pulposus.

In addition to bones and discs, your cervical spine also includes the upper region of the spinal cord, eight nerve roots, an elaborate system of arteries and veins, 32 muscles for strength, and numerous ligaments. For such a small area, there is a lot to your neck. That means that there are a lot of parts that can be injured when you have whiplash.

Remarkably, the cervical spine supports the full weight of your head, which is usually about 8 pounds—yet no other region of the spine has such freedom of movement. The cervical spine can move your head in nearly every direction: 90° of forward motion, 90° of backward motion, 180° of side to side motion, and almost 120° of tilt to either shoulder.

Unfortunately, this flexibility makes the neck very susceptible to pain and injury, such as whiplash. In whiplash, those 15 pounds are dramatically tossed frontwards then backwards—that's one important reason to wear seatbelts properly and use airbags whenever possible.
spineuniverse.com

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Patient had neck and low back Pain from an Auto Accident

The Four Phases of a Whiplash Injury

During a rear-end automobile collision, your body goes through an extremely rapid and intense acceleration and deceleration.  In fact, all four phases of a whiplash injury occur in less than one-half of a second!  At each phase, there is a different force acting on the body that contributes to the overall injury, and with such a sudden and forceful movement, damage to the vertebrae, nerves, discs, muscles, and ligaments of your neck and spine can be substantial.  

Phase 1

During this first phase, your car begins to be pushed out from under you, causing your mid-back to be flattened against the back of your seat.  This results in an upward force in your cervical spine, compressing your discs and joints.  As your seat back begins to accelerate your torso forward, your head moves backward, creating a shearing force in your neck.  If your head restraint is properly adjusted, the distance your head travels backward is limited.  However, most of the damage to the spine will occur before your head reaches your head restraint.  Studies have shown that head restraints only reduce the risk of injury by 11-20%. 

Phase 2

During phase two, your torso has reached peak acceleration - 1.5 to 2 times that of your vehicle itself - but your head has not yet begun to accelerate forward and continues to move rearward.  An abnormal S-curve develops in your cervical spine as your seat back recoils forward, much like a springboard, adding to the forward acceleration of the torso. Unfortunately, this forward seat back recoil occurs while your head is still moving backward, resulting in a shearing force in the neck that is one of the more damaging aspects of a whiplash injury.  Many of the bone, joint, nerve, disc and TMJ injuries that I see clinically occur during this phase. 

Phase 3

During the third phase, your torso is now descending back down in your seat and your head and neck are at their peak forward acceleration.  At the same time, your car is slowing down.  If you released the pressure on your brake pedal during the first phases of the collision, it will likely be reapplied during this phase. Reapplication of the brake causes your car to slow down even quicker and increases the severity of the flexion injury of your neck.  As you move forward in your seat, any slack in your seat belt and shoulder harness is taken up. 

Phase 4

This is probably the most damaging phase of the whiplash phenomenon.  In this fourth phase, your torso is stopped by your seat belt and shoulder restraint and your head is free to move forward unimpeded.  This results in a violent forward-bending motion of your neck, straining the muscles and ligaments, tearing fibers in the spinal discs, and forcing vertebrae out of their normal position.  Your spinal cord and nerve roots get stretched and irritated, and your brain can strike the inside of your skull causing a mild to moderate brain injury.  If you are not properly restrained by your seat harness, you may suffer a concussion, or more severe brain injury, from striking the steering wheel or windshield.

Why should i be examined after a auto/car accident?

What are the symptoms of whiplash?

The most common symptoms related to whiplash include:

* neck pain and stiffness,

* headache,

* shoulder pain and stiffness,

* dizziness,

* fatigue,

* jaw pain (temporomandibular joint symptoms),

* arm pain,

* arm weakness,

* visual disturbances,

* ringing in the ears (tinnitus), and

* back pain.

In the more severe and chronic case of "whiplash associated disorder" symptoms can include:

* depression,

* anger,

* frustration,

* anxiety,

* stress,

* drug dependency,

* post-traumatic stress syndrome,

* sleep disturbance (insomnia),

* and

* social isolation.

How is whiplash diagnosed?

After an accident the patient may be taken to the hospital and/or a Chiropractor's office to be examined. The doctor will examine the patient to determine if they have any injuries that require treatment. Based on the symptoms and examination findings the doctor may place a collar on the neck for additional support. The doctor may also obtain x-rays of the neck to check for more serious injury. The most important first step is to make sure there is no major injury to the neck, head or the rest of the body requiring immediate treatment.

If the x-rays are normal but the patient continues to have neck pain, the doctor may keep the cervical collar in place and see the back in the office in about a week for an additional examination. At that time the doctor may obtain new x-rays to see if there have been any changes. If the doctor is still concerned about soft tissue injuries, he or she may obtain either x-rays with the head leaning forward and backwards (dynamic x-rays) or obtain an MRI (magnetic resonance imaging study). These dynamic x-rays or MRI scans are better able to detect injuries to the soft tissues of the neck, especially instability, that may not been seen with normal x-rays of the neck.

Neck and Mid Back Pain

Collisions that occur during sporting events, slips, falls or Automobile crashes can all have a damaging effect on your neck and back. Reduction of the normal neck (Cervical) curve, repetitive micro-traumas ie. long hours on the computer, driving in traffic, traveling by car or plane, lifting heavy or awkward objects or constant stress of work, family and everyday life can also be directly related to neck and back pain.

Pain can be dull or sharp, boring or burning, constant or intermittent. As the problem progresses, numbness and or tingling can be felt in the upper back, arms and even in to the hands.

NOTE: Many patients who come in for Carpal Tunnel treatment are amazed to find out that the problem is actually a pinching of the nerves in the neck and NOT a wrist or hand problem.

Through careful evaluation of your neck and upper back, we can pinpoint the problem areas and have great success in correcting the CAUSE of our Patients symptoms.

The Docs at North Dallas Chiropractic

Spinal Disc Problems

Spinal Disc Problems 

Disc problems can occur from traumatic incidents like Auto accidents, sports injuries and slips and falls. These seem obvious to most.
However, many disc problems can be related to multiple micro-traumas over a long period of time. Types of work, hobbies, sports, exercise and lifestyle can all be contributing factors.
Combine one of the above with a traumatic incident and it’s easy to see that disc problems are not uncommon.
The best way to know if you have a problem in your disc is to have an MRI done of the area of complaint.
The good news is that an MRI will show exactly where and how big the "herniation” or bulge is. The bad news is that it is an expensive test.
In our office we use X-Ray and orthopedic/ neurological tests to determine if a disc problem may exist.
Whether you use MRI technology or not the answer is almost always the same--CONSERVATIVE CHIROPRACTIC CARE to start. As long as you are progressing well as most of our patients do, an MRI is usually not needed. For the few patients with more complicating factors a referral will be made for an MRI or other more detailed tests.

A combination of conservative safe Chiropractic care and therapies such as neck (cervical) and low back (lumbar) traction, Massage Therapy or painless muscle stimulation with hot or cold packs can go a long way in controlling the symptoms of disc problems.

We are also always happy to read your MRI report for you in "plain English."

The Docs at North Dallas Chiropractic

Whiplash

Whiplash is a generic term applied to injuries of the neck caused when the neck is suddenly and/or violently jolted in one direction and then another, creating a whip-like movement. Whiplash is most commonly seen in people involved in motor vehicle accidents, but it can also occur from falls, sports injuries, work injuries, and other incidents.

What structures are injured in a whiplash?
Whiplash injuries most often result in sprain-strain of the neck. The ligaments that help support, protect, and restrict excessive movement of the vertebrae are torn, which is called a sprain. The joints in the back of the spine, called the facet joints, are covered by ligaments called facet capsules, which seem to be particularly susceptible to whiplash injury.

In addition, the muscles and tendons are strained—stretched beyond their normal limits. The discs between the vertebrae, which are essentially ligaments, can be torn, potentially causing a disc herniation. The nerve roots between the vertebrae may also be stretched and become inflamed. Even though it is very rare, vertebrae can be fractured and/or dislocated in a whiplash injury.

What are the common signs and symptoms of whiplash?
The most common symptoms of whiplash are pain and stiffness in the neck. These symptoms are generally found in the areas that are “whiplashed.” For example, during a whiplash, first the head is lifted up from the upper-cervical spine. This creates a sprain/strain in the region just below the skull, where symptoms usually occur. Symptoms may also commonly be seen in the front and back of the neck. Turning the head often makes the pain and discomfort worse.

Headache, especially at the base of the skull, is also a common symptom, seen in more than two thirds of patients. These headaches may be one-sided (unilateral) or experienced on both sides (bilateral). In addition, the pain and stiffness may extend down into the shoulders and arms, upper back, and even the upper chest.

In addition to the musculoskeletal symptoms, some patients also experience dizziness, difficulty swallowing, nausea, and even blurred vision after a whiplash injury. While these symptoms are disconcerting, in most cases, they disappear within a relatively short time. If they persist, it is very important to inform your doctor that they are not resolving. Vertigo (the sensation of the room spinning) and ringing in the ears may also be seen. In addition, some patients may feel pain in the jaw. Others will even complain of irritability, fatigue, and difficulty concentrating. These symptoms also resolve quickly in most cases. In rare cases, symptoms can persist for weeks, months, or even years.

Another important and interesting aspect of whiplash is that the signs and symptoms often do not develop until 2 to 48 hours after the injury. This scenario is relatively common but not completely understood. Some speculate that it may be due to delayed muscle soreness, a condition seen in other circumstances.

How is whiplash treated?

Staying active
One of the most important aspects of whiplash management is for the patient to stay active, unless there is some serious injury that requires immobilization. Patients should not be afraid to move and be active, within reason. In addition, your doctor will often prescribe an exercise or stretching program. It is particularly important to follow this program as prescribed, so that you can achieve the best long-term benefits.

Chiropractic manipulation and physical therapy
Ice and/or heat are often used to help control pain and reduce the muscle spasm that results from whiplash injuries. Other physical therapy modalities, such as electrical stimulation and/or ultrasound, may provide some short-term relief. They should not, however, replace an active-care program of exercise and stretching. Spinal manipulation and/or mobilization provided by a chiropractor can also give relief in many cases of neck pain.

Can whiplash be prevented?
Generally speaking, whiplash cannot be “prevented,” but there are some things that you can do while in a motor vehicle that may reduce the chances of a more severe injury. Always wear restraints (lap or shoulder belt), and ensure that the headrest in your vehicle is adjusted to the appropriate height.

Auto/car Accidents and whiplash treatment

If you have been involved in a car accident, whiplash injuries need to be taken very seriously. Because symptoms of a whiplash injury can take weeks or months to manifest, it is easy to be fooled into thinking that you are not as injured as you really are.

Too often people don't seek treatment following a car accident because they don't feel hurt. By far, the most common injury to the neck is a whiplash injury.Whiplash is caused by a sudden movement of the head, either backward, forward, or sideways, that results in the damage to the supporting muscles, ligaments and other connective tissues in the neck and upper back.


Unfortunately, by the time more serious complications develop, some of the damage from the injury may have become permanent.Numerous studies have shown that years after whiplash victims settle their insurance claims, roughly half of them state that they still suffer with symptoms from their injuries. If you have been in a motor vehicle or any other kind of accident, don't assume that you escaped injury if you are not currently in pain. Contact us today!


Numerous studies have shown that years after whiplash victims settle their insurance claims, roughly half of them state that they still suffer with symptoms from their injuries.

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What to Do If Injured in an Accident and Suffer From Whiplash

The term "whiplash" was first used in 1928 to define an injury mechanism of sudden hyperextension followed by an immediate hyperflexion of the neck that results in damage to the muscles, ligaments and tendons – especially those that support the head. Today, we know that whiplash injuries frequently do not result from hyperextension or hyperflexion (extension and flexion beyond normal physiological limits), but rather an extremely rapid extension and flexion that causes injuries.

Due to their complicated nature and profound impact on peoples lives, few topics in health care generate as much controversy as whiplash injuries. Unlike a broken bone where a simple x-ray can validate the presence of the fracture and standards of care can direct a health care professional as to the best way in which to handle the injury, whiplash injuries involve an unpredictable combination of nervous system, muscles joints and connective tissue disruption that is not simple to diagnose and can be even more of a challenge to treat. In order to help you understand the nature of whiplash injuries and how they should be treated, it is necessary to spend a bit of time discussing the mechanics of how whiplash injuries occur.

The Four Phases of a Whiplash Injury
During a rear-end automobile collision, your body goes through an extremely rapid and intense acceleration and deceleration. In fact, all four phases of a whiplash injury occur in less than one-half of a second! At each phase, there is a different force acting on the body that contributes to the overall injury, and with such a sudden and forceful movement, damage to the vertebrae, nerves, discs, muscles, and ligaments of your neck and spine can be substantial.

Phase 1
During this first phase, your car begins to be pushed out from under you, causing your mid-back to be flattened against the back of your seat. This results in an upward force in your cervical spine, compressing your discs and joints. As your seat back begins to accelerate your torso forward, your head moves backward, creating a shearing force in your neck. If your head restraint is properly adjusted, the distance your head travels backward is limited. However, most of the damage to the spine will occur before your head reaches your head restraint. Studies have shown that head restraints only reduce the risk of injury by 11-20%.

Phase 2
During phase two, your torso has reached peak acceleration - 1.5 to 2 times that of your vehicle itself - but your head has not yet begun to accelerate forward and continues to move rearward. An abnormal S-curve develops in your cervical spine as your seat back recoils forward, much like a springboard, adding to the forward acceleration of the torso. Unfortunately, this forward seat back recoil occurs while your head is still moving backward, resulting in a shearing force in the neck that is one of the more damaging aspects of a whiplash injury. Many of the bone, joint, nerve, disc and TMJ injuries that I see clinically occur during this phase.

Phase 3
During the third phase, your torso is now descending back down in your seat and your head and neck are at their peak forward acceleration. At the same time, your car is slowing down. If you released the pressure on your brake pedal during the first phases of the collision, it will likely be reapplied during this phase. Reapplication of the brake causes your car to slow down even quicker and increases the severity of the flexion injury of your neck. As you move forward in your seat, any slack in your seat belt and shoulder harness is taken up.

Phase 4
This is probably the most damaging phase of the whiplash phenomenon. In this fourth phase, your torso is stopped by your seat belt and shoulder restraint and your head is free to move forward unimpeded. This results in a violent forward-bending motion of your neck, straining the muscles and ligaments, tearing fibers in the spinal discs, and forcing vertebrae out of their normal position. Your spinal cord and nerve roots get stretched and irritated, and your brain can strike the inside of your skull causing a mild to moderate brain injury. If you are not properly restrained by your seat harness, you may suffer a concussion, or more severe brain injury, from striking the steering wheel or windshield.

Injuries Resulting from Whiplash Trauma
As we discussed briefly in the introduction, whiplash injuries can manifest in a wide variety of ways, including neck pain, headaches, fatigue, upper back and shoulder pain, cognitive changes and low back pain. Due to the fact that numerous factors play into the overall whiplash trauma, such as direction of impact, speed of the vehicles involved, as well as sex, age and physical condition, it is impossible to predict the pattern of symptoms that each individual will suffer. Additionally, whiplash symptoms commonly have a delayed onset, often taking weeks or months to present. There are, however, a number of conditions that are very common among those who have suffered from whiplash trauma.

Neck pain
It is the single most common complaint in whiplash trauma, being reported by over 90% of patients. Often this pain radiates across the shoulders, up into the head, and down between the shoulder blades. Whiplash injuries tend to affect all of the tissues in the neck, including the facet joints and discs between the vertebrae, as well as all of the muscles, ligaments and nerves.

Facet joint pain is the most common cause of neck pain following a car accident. Facet joint pain is usually felt on the back of the neck, just to the right or left of center, and is usually tender to the touch. Facet joint pain cannot be visualized on x-rays or MRIs. It can only be diagnosed by physical palpation of the area.

Disc injury is also a common cause of neck pain; especially chronic pain. The outer wall of the disc (called the anulus) is made up of bundles of fibers that can be torn during a whiplash trauma. These tears, then, can lead to disc degeneration or herniation, resulting in irritation or compression of the nerves running through the area. This compression or irritation commonly leads to radiating pain into the arms, shoulders and upper back, and may result in muscle weakness.


Damage to the muscles and ligaments in the neck and upper back are the major cause of the pain experienced in the first few weeks following a whiplash injury, and is the main reason why you experience stiffness and restricted range of motion. But as the muscles have a chance to heal, they typically don’t cause as much actual pain as they contribute to abnormal movement. Damage to the ligaments often results in abnormal movement and instability.

Headaches
After neck pain, headaches are the most prevalent complaint among those suffering from whiplash injury, affecting more than 80% of all people. While some headaches are actually the result of direct brain injury, most are related to injury of the muscles, ligaments and facet joints of the cervical spine, which refer pain to the head. Because of this, it is important to treat the supporting structures of your neck in order to help alleviate your headaches.

TMJ problems
A less common, but very debilitating disorder that results from whiplash is temporomandibular joint dysfunction (TMJ). TMJ usually begins as pain, clicking and popping noises in the jaw during movement. If not properly evaluated and treated, TMJ problems can continue to worsen and lead to headaches, facial pain, ear pain and difficulty eating. Many chiropractors are specially trained to treat TMJ problems, or can refer you to a TMJ specialist.

Brain injury
Believe it or not, mild to moderate brain injury is common following a whiplash injury, due to the forces on the brain during the four phases mentioned earlier. The human brain is a very soft structure, suspended in a watery fluid called cerebrospinal fluid. When the brain is forced forward and backward in the skull, the brain bounces off the inside of the skull, leading to bruising or bleeding in the brain itself. In some cases, patients temporarily lose consciousness and have symptoms of a mild concussion. More often, there is no loss of consciousness, but patients complain of mild confusion or disorientation just after the crash. The long-term consequences of a mild brain injury can include mild confusion, difficulty concentrating, sleep disturbances, irritability, forgetfulness, loss of sex drive, depression and emotional instability. Although less common, the nerves responsible for your sense of smell, taste and even your vision may be affected as well, resulting in a muted sense of taste, changes in your sensation of smell and visual disturbances.

Dizziness
Dizziness following a whiplash injury usually results from injury to the facet joints of the cervical spine, although in some cases injury to the brain or brain stem may be a factor as well. Typically, this dizziness is very temporary improves significantly with chiropractic treatment.

Low back pain
Although most people consider whiplash to be an injury of the neck, the low back is also commonly injured as well. In fact, low back pain is found in more than half of rear impact-collisions in which injury was reported, and almost three-quarters of all side-impact crashes. This is mostly due to the fact that the low back still experiences a tremendous compression during the first two phases of a whiplash injury, even though it does not have the degree of flexion-extension injury experienced in the neck.

Recovery from Whiplash
With proper care, many mild whiplash injuries heal within six to nine months. However, more than 20% of those who suffer from whiplash injuries continue to suffer from pain, weakness or restricted movement two years after their accident. Unfortunately, the vast majority of these people will continue to suffer from some level of disability or pain for many years after that, if not for the rest of their lives.

Whiplash is a unique condition that requires the expertise of a skilled health professional specially trained to work with these types of injuries. The most effective treatment for whiplash injuries is a combination of chiropractic care, rehabilitation of the soft tissues and taking care of yourself at home.


Chiropractic Care
Chiropractic care utilizes manual manipulation of the spine to restore the normal movement and position of the spinal vertebrae. It is by far the single-most effective treatment for minimizing the long-term impact of whiplash injuries, especially when coupled with massage therapy, trigger point therapy, exercise rehabilitation and other soft tissue rehabilitation modalities.

Soft Tissue Rehabilitation
The term ‘soft tissue’ simply refers to anything that is not bone, such as your muscles, ligaments, tendons, nervous system, spinal discs and internal organs. During a whiplash injury, the tissues that are affected most are the soft tissues, the muscles, ligaments and discs in particular. In order to minimize permanent impairment and disability, it is important to use therapies that stimulate the soft tissues to heal correctly. These include massage therapy, electro-stimulation, trigger point therapy, stretching and specific strength and range of motion exercises.

Home Care
The most effective chiropractic care and soft tissue rehabilitation will be limited in its benefit if what you do at home or at work stresses or re-injures you on a daily basis. For this reason, it is important that your plan of care extend into the hours and days between your clinic visits to help speed your recovery. Some of the more common home care therapies are the application of ice packs, limitations on work or daily activities, specific stretches and exercises, taking nutritional supplements and getting plenty of rest.

Medical Intervention
In some severe cases of whiplash, it may be necessary to have some medical care as part of your overall treatment plan. The most common medical treatments include the use of anti-inflammatory medications, muscle relaxants, trigger point injections and, in some cases, epidural spinal injections. These therapies should be used for short-term relief of pain, if necessary, and not be the focus of treatment. After all, a drug cannot restore normal joint movement and stimulate healthy muscle repair. Fortunately, surgery is only needed in some cases of herniated discs, when the disc is pressing on the spinal cord, and in some cases of spine fractures.

The truth about low impact injuries

Low Speed Auto Accidents
Thousands of car accidents occur everyday. And every day thousands are injured. Researchers note that the majority of auto accident injury claims occur at relatively low speeds of about 12 mph or less.
Car Accident Disputes
This causes tremendous disputes between injured parties and the insurance companies that are responsible for compensating them for their car accident claim. To insurers, there really is no speed at which they want to admit an injury could occur. For economic reasons they try to dismiss whiplash or car accident injuries entirely, as if they don’t exist.

Thanks to recent irrefutable research studies proving the existence and exact mechanism of whiplash car injuries, insurers are hard pressed to try the “whiplash is a hoax” defense nearly as much as in the past.

A more recent tactic is to claim the speed of the collision is too low to cause injury. Enter the “low speed collision” or “slow speed collision” defense. The defense often relies on their insured’s reports of how fast they were going when they ran into the back of the other party-obviously biased data.

Other times photographs of the vehicle damage is used to show a low speed car accident. Often, the photographs are shown to an Accident Reconstructionist who by merely looking at photographic damage of a car crash then renders an opinion on how fast the vehicles were traveling. They will even go so far to make statements such as “the evidence suggests there was insufficient force to cause human bodily injury…” This would be laughable if it didn’t cause so many problems for injured car accident victims. By the way, in most states Auto Crash Reconstructionists are only allowed to testify or ender an expert opinion as to vehicle damage. They are not trained to determine bodily injury.

The Truth
Here are but a few facts concerning motor vehicle injuries and their relationship to speed with supporting scientific evidence.

Three different studies (Panjabi, Panjabi and Cholewicki and Kaneoka) proved the mechanism by which the neck is injured by a rear impact force simulating a car accident. [1], [2], [3] The studies involved simulating a rear impact collision on live human test subjects and recording the results with cineradiography (high speed motion x-rays). The researchers found that the neck was injured by deforming into an “S- shaped” configuration within fractions of a second of the impact before the occupant is aware of the impact and before reflexes can protect them. All three of these studies found that this physical event occurred at speeds as low as 2.5 mph. In other words, when they simulated car crashes sufficient to cause the head to move in relationship to the body at a rate of 2.5 mph, injuries were recorded.

The radiographically proven human threshold for injury in a rear impact auto accident therefore is 2.5 mph. Other authors have disputed these figures and some insurance company sponsored studies have found the threshold to be closer to 5 mph.

For the sake of argument, let’s stipulate that the 5 mph threshold is correct. It still means that a collision of only 5 mph can cause damage to the neck.

Freeman et. al. in Spine, Vol. 23, Number 9, 1998, p. 1046 shows the damage thresholds for many cars. This is the minimum speed required to cause the car to show visible signs of damage. The smallest, lightest vehicle listed was the 1980 Toyota Tercel, which required a collision of 8.1 mph to become damaged. On the other end of the spectrum was the 1989 Chevrolet Citation, which required 12.7 mph. A Ford F-250 pick up required 11.7 mph.

Cars built today are equipped with rear bumpers designed not to show any damage below 5 mph. In an attempt to reduce repair costs shouldered by insurance companies, crash standards were adopted to mandate rear bumpers must withstand a 5 mph collision into a fixed barrier (wall, pole, etc) without any visible evidence of damage. It should be noted that this standard involves testing of “vehicle to barrier” crashes not “vehicle to vehicle” testing.

Hitting a pole as in “vehicle to barrier” testing yields more damage at lower speeds. The barrier does not move or absorb any energy.

In “vehicle to vehicle” crashes where the bumpers line up well, it takes considerably more force to cause visible bumper damage than a 5 mph collision. Some tests have shown that cars could be crashed repeatedly at 20 mph and not show outer damage. In a “vehicle to vehicle” crash it is estimated that the minimum speed to cause visible damage is approximately 15 mph.

What happens to the occupant in these collisions is what matters. If you are backing up in a parking lot and run into a pole at 6 mph. You will feel a crunch and a bump. You’ll be startled and upset about your bumper, but it is unlikley you’ll be injured.

On the other hand, if you are stopped in a parking lot waiting for a space and another vehicle strikes you at 12 mph (the average speed of a car in a parking lot) you will likely feel a tremendous jolt, hear a loud bang and your car will be pushed forward a few feet. It is probable that your neck will be injured, although it may not show up for hours or days, but your bumper may not even show a dent.

In the first scenario all the energy of the crash was absorbed by the bumper. In the second, some of the energy was bled off into the two vehicles, but much of it was transmitted into your body causing your neck to deform into the “S” configuration resulting in injury.

Another consideration is that while a bumper may look undamaged from the outside after a collision, inside under the skin, the foam or plastic may be crushed or cracked. This is not seen from the outside, so photographs would make it appear as if no damage was sustained. Still further, the bumper may appear intact, but on unibody vehicles, the unibody may be bent or deformed by a collision. This may not be apparent and some auto repair facilities may miss it.

So what does this mean? It means that if you are rear-ended and your bumper is cracked, dented, or misplaced at all, your collision involved speeds in excess of 15 mph. That’s 3 times the human threshold for injury if we use the 5 mph figure. In reality, the proven threshold is only 2.5 mph, so a collision of 15 mph is 6 times the threshold for injury.

Now let’s say your vehicle sustained no visible damage, but your neck hurts after the collision. Does that mean you weren’t really injured? No. It means that the vehicle’s threshold for damage was not exceeded. The impact could have been 10 mph. Too low for bumper damage, but still 4 times the threshold for human injury.

In a low speed collision, the kinetic forces that are transferred from the other vehicle into your vehicle are not dampened or bled off by your bumper. Instead, the force is transmitted through the vehicle, into your seat and to your neck resulting in injury. If your body or neck are jolted or jerked by the impact, an injury could occur.

Another aspect to consider is if your vehicle is moved forward by the impact. An average car weighs close to 4,000 lbs. Let’s say you are hit from behind and your car is pushed forward a few feet, but shows no signs of bumper damage. Is it possible to be hurt? Yes, of course. The force required to move a stationary 4,000 lb object is tremendous. Can you walk up to a car sitting at a red light with its brakes on and shove it forward even an inch? Not likely. A collision that is strong enough to propel a car forward by even inches is plenty enough force to cause a whiplash injury.

So, as you have now learned, there really shouldn’t be any dispute on whether a low speed car accident collision can cause injuries. It has been scientifically proven by several studies. It is also a fact that the speed required to cause bodily injury is quite low, a scant 2.5 mph. It has also been shown that any accident that causes damage to the rear bumper is likely to cause injuries and even in accidents where there is no outward physical damage to the vehicle, there may still be sufficient forces involved to cause bodily injuries.

About North Dallas Chiropractic
They are a car accident injury specialist. They specializes in back pain and neck pain from car accidents. Their opinion is often sought by other doctors, attorneys and insurance companies. You may contact North Dallas Chiropracitc at (972) 392-4476 for a Car Accident Severity consultation. North Dallas Chiropractic



References

Panjabi MM, Grauer JN (1997): “Whiplash produces a S-shape curvature of the neck with hyperextension at lower levels. ” Spine 22 (21): 2489-94.

Panjabi MM, Cholewicki J, Nibu K, Grauer JN, Babat LB, Dvorak J, Bar HF (1998-12-01): “[Biomechanics of whiplash injury].” Orthopade 1998 Dec; 27(12): 813-9.

Koji Kaneoka, Koshiro Ono, Satoshi Inami and Koichiro Hayashi (99-04-15). “Motion analysis of cervical vertebrae during whiplash loading.” Spine 24(8): 763-770

Characteristics of Specific Automobile Bumpers in Low Velocity Impacts, SAE 940916

Low Impact injuries from Auto/Car Accidents or Wrecks

When assessing injury in patients after a MVA, should speed of the impact be considered? Here is what Arthur Croft, DC, MS, MPH, FACO of the Spine Research Institute of San Diego has to say:

“Here, the relationship between property damage and injury risk is nonlinear. In the lower velocity range, vehicles are relatively stiff, the collisions more elastic. In engineering parlance, there is a relatively higher coefficient of restitution in lower velocity crashes. Then, as crash velocity increases, so too does the amount of residual crush of the vehicle. Interestingly, though, the actual risk to the occupants decreases as this occurs. This has been demonstrated in several studies. So, over this range of crash velocities, there is no good correlation between injury risk, injury severity, or long-term outcome and property damage. This is, of course, an important distinction to understand.”

Here is an article which explains how insurance companies are perpetuating the myth that injurie are not likely at low impact: DISPELLING THE MYTHS THAT YOU CANNOT BE INJURED IN A “LOW IMPACT” AUTO ACCIDENT

Great article laying out the truth about low impact injuries: Soft Tissue Injuries From A Low Impact Auto Accident

The research is overwhelming in showing that injuries and even death can occur in low impact crashes.

There's still hope even if the Auto/Car Accident was your fault!

Personal Injury Protection (PIP)

The Texas Department of Insurance requires automobile insurance carriers in our state to issue all automobile policies it writes at least $2500 worth of coverage and you have this coverage unless you reject it in writing. Most people are unaware of this coverage or even know what it is and therefore very few people use it. You end up paying for coverage that they don’t inform you about and you’re entitled to.

Why? Insurance is not understood and most people rely on their agent and claims adjusters to advise them on what to do after an accident. Insurance is a multi-billion dollar industry and are in business to make money. They keep their costs down, less payout, more profits and bonuses at the end of the year. Good for them and not for you.

What is PIP?

PIP is no fault coverage similar to health insurance but on your auto policy for your injuries and your passengers injuries. This coverage is available regardless who is at fault. Yes, you can be the cause of the accident and you will still be covered. There’s no deductible and no co-payment. There is other separate coverage that will cover the other party if you were at fault. If you do not have PIP then you could still be covered if you were in an accident in another state besides Texas. You may also be covered if you were hit in a crosswalk by a car or on a bicycle or borrowing someone else’s car.

What will a claim do to my insurance rates and policy renewal?
Under section 5.7016 of the Texas insurance code, automobile insurance carriers cannot non-renew you for filing one PIP claim in a 12 month period. Also, it is unlikely that they would raise your rates for a sole PIP claim.
Why doesn’t the other guy’s insurance pay for my medical expenses and why should I use my insurance?

Medical treatment is expensive and you are liable for the costs. There is a chance that the other party may never pay for your medical expenses leaving you a financial burden. PIP gives you peace of mind that your medical bills are covered. If you use your health insurance, you may have to pay a deductible and co-pays to your doctor and if the health insurance finds out that you were in an accident they could request to be reimbursed. Some people get referred to a medical provider by their attorney and the medical provider agrees to be paid months or even years later. Since there are a limited number of medical providers who agree to this arrangement, your choice and quality of healthcare may be limited. The answer is to use your PIP coverage so you will not have to pay for medical expenses out of your pocket and get the best possible healthcare treatment available for you and your family’s injuries caused by the accident.

Extent of peer social networks influences onset of adolescent alcohol consumption

Extent of peer social networks influences onset of adolescent alcohol consumption: Most parents recognize that the influence of peers on their children's behavior is an undeniable fact. But, just how far do these influences reach? A new study finds that adolescents are more likely to start drinking alcoholic beverages when they have large social networks of friends.

Increased responsibility could lead to decreased sexual activity among women, study suggests

Increased responsibility could lead to decreased sexual activity among women, study suggests: Researchers examined the relationships between married women's autonomy and the time since most recent sexual intercourse and found that women's position in their household may influence sexual activity.

BPA alters development of in vitro ova and could increase risk of Down syndrome, study suggests

BPA alters development of in vitro ova and could increase risk of Down syndrome, study suggests: Researchers in Spain analysed the effects of bisphenol A (BPA), a polymer widely used to manufacture plastics, in an in vitro culture of ovaries. The research demonstrated that exposure to this substance gravely altered the development of oocytes and future ova, possibly diminishing the fertility of a woman's offspring and at the same time increasing the risk of Down Syndrome in following generations.

Email sexual advice study highlights problems raised by different ages and cultures

Email sexual advice study highlights problems raised by different ages and cultures: More than two-thirds of men who contacted an email advice service run by a leading sexual advice charity had erection problems, which were frequently linked to loss of sex drive. The study also found that a large number of men from the Middle East and Indian subcontinent sought email advice on problems with premature ejaculation and masturbation. Previous research has suggested that these issues are often related to arranged marriages.

Some brain wiring continues to develop well into our 20s

Some brain wiring continues to develop well into our 20s: The human brain doesn't stop developing at adolescence, but continues well into our 20s, demonstrates recent research. It has been a long-held belief in medical communities that the human brain stopped developing in adolescence. But now there is evidence that this is in fact not the case.

Vitamin D deficiency linked with airway changes in children with severe asthma

Vitamin D deficiency linked with airway changes in children with severe asthma: Children with severe therapy-resistant asthma (STRA) may have poorer lung function and worse symptoms compared to children with moderate asthma, due to lower levels of vitamin D in their blood, according to researchers. Lower levels of vitamin D may cause structural changes in the airway muscles of children with STRA, making breathing more difficult. The study provides important new evidence for possible treatments for the condition.

TV viewing linked to unhealthy eating

TV viewing linked to unhealthy eating: Spending time in front of the television is linked to an increased consumption of unhealthy snacks and drinks according to a recent review.

Negative emotions influence brain activity during anticipation and experience of pain

Negative emotions influence brain activity during anticipation and experience of pain: Neuroticism -- the tendency to experience negative emotions -- significantly affects brain processing during pain, as well as during the anticipation of pain.

Overweight older women have less leg strength, power

Overweight older women have less leg strength, power: Leg strength and power of overweight older women is significantly less than that of normal-weight older women, increasing their risk for disability and loss of independence. With more Americans aging and becoming overweight or obese, the study dispels the popular image of the bird-thin elder being at greatest risk of becoming disabled due to loss of muscle mass.

Exercise can produce healthy chatter between bone, fat and pancreatic cells

Exercise can produce healthy chatter between bone, fat and pancreatic cells: Cells in bone, fat and the pancreas appear to be talking to each other and one thing they likely are saying is, "Get moving."

To ditch dessert, feed the brain

To ditch dessert, feed the brain: Brain imaging scans show that when glucose levels drop, an area of the brain known to regulate emotions and impulses loses the ability to dampen desire for high-calorie food.

Dietary supplements could make athletes unwitting drugs cheats

Dietary supplements could make athletes unwitting drugs cheats: Minute levels of banned substances in some dietary supplements are leaving athletes susceptible to failed drugs tests according to new research.

BACK PAIN

In addition to whiplash/neck injuries, the mid and lower back are also frequently injured in motor vehicle accidents (MVA's).
The Mid Back
The mid back or thoracic spine is most commonly injured as a result of the asymmetry of most seat belt designs. As the torso moves forward the seat belt locks and the torso is forced to stop at the end of the shoulder strap. Because the shoulder strap crosses only one shoulder (usually the left), the side without a strap (usually right) is able to travel forward further which results in a forward flexing and twisting injury to the mid back. For additional information on mid back pain, see " Mid Back Pain ".

The Lower Back
The lumbar spine is also frequently injured, but the mechanism differs from the above. As the torso and pelvis move forward the pelvis is stopped by the lap belt. However, the torso continues to move forward which producing a shearing force in the lumbar spine. These injuries often result in lumbar disc injuries. For additional information on low back pain and lower back injuries, see " Low Back Pain ".

Pain Sources

Spinal injuries can damage a number of pain sensitive structures located in the spinal region. Some of the more common structures that are damaged and that have innervation which allows them to transmit pain include:

• anterior longitudinal ligament (runs down the front of the vertebral bodies-prevents excessive extension)
• outer layers of intervertebral disc (located between adjacent vertebrae)
• posterior longitudinal ligament (runs down the back of the vertebral bodies-prevents excessive flexion)
• nerve root dura
• capsule of the facet joints
• intervertebral ligaments
• extensor musculature
• flexor musculature: the colli and scalenes

When these tissues are injured, pain is experienced. Damage to these structures also results in tissue inflammation, edema, microscopic hemorrhage, and the release of noxious chemicals such as histamine, prostaglandins, substance P, and kinins which further hypersensitize already painful and injured tissues. In addition, when spinal injury occurs spinal muscles often reflexively spasm to protect the area from further injury - whether or not the muscles are injured. This spasming can lead to muscle ischemia (lack of oxygen) due to increased energy demands.

Low Back Pain

Low back pain is the cause of many patients who limp, hobble or even crawl in to our office. It’s not surprising to learn that Low back pain results in millions of dollars of lost work and untold suffering every day.
Low back pain usually falls in to one of the following categories:

1. Patients have experienced chronic long term pain or discomfort with multiple episodes of increased pain which come and go.
Many of these people either cover the pain with OTC or prescription medications, or decide to just live with it. The problem is that all medications have both short and long term side effects. Only in rare cases should this be considered as a long term treatment option to this typically correctable problem.

As far as just living with the pain, two areas must be considered.
First, pain is NOT normal, so there IS something wrong. Ignoring it or just dealing with it allows the condition to progress undiagnosed and untreated. Lastly, why live with it and the effects it can have on your QUALITY of life, if you don't have to.

2. These patients are the limpers, hobblers and crawlers. Their pain started all at once and hit hard and fast. We typically hear something like "I just reached down to pick up a book and my back went out." Another common statement goes something like "I have never had low back pain before."
This type of condition can stop even the most determined and tough individual in their tracks and literally bring them to their knees. This can be a very scary time for those who have never experienced this before.
Typically our spinal examination reveals long time trauma or misalignment of the Lumbar vertebrae, the sacrum or the hips. The body has gotten to a point where it is overcome by these conditions and literally stops functioning properly.

NOTE: There are a number of causes of low back pain. Most who seek out our office fall into the category of Chiropractic care to fix the CAUSE of the problem. We have great success with these patients. Occasionally, we find that the problem is not musculo-skeletal related and in these cases, they are referred to to another type of Doctor who specializes in their particular condition.

The Docs at North Dallas Chiropractic

Migraines and Headaches

Migraines and headaches are NOT the result of an Aspirin shortage. They are NOT normal, and everyone does NOT have them.
A frequent and overlooked cause of Migraines and other headaches is the malfunction of the spinal bones in the neck and upper back.

When the bones of the spine lose their normal position or motion, sensitive nerves and blood vessels to the head can be affected. When spinal nerves and related tissues are stretched or irritated, they can produce Migraines and other types of headaches. Aspirin and other medications may cover up these warning signs, but do not correct the underlying structural CAUSE.

Many people experience correction and long term relief through Chiropractic care, without the short and long term side effects that accompany ALL pain medications.
Call our office to have your type of Migraine or Headache diagnosed and discover the life changing experience many of our Migraine / Headache patients have found.

The Docs at North Dallas Chiropractic

EXTREMITY PAIN, NUMBNESS and TINGLING

Extremity symptoms such as arm and hand pain, numbness and tingling are common following motor vehicle accidents (MVA's). They are caused by thoracic outlet syndrome, myofascial adhesions, muscular trigger points, and spinal disc lesions. It's important to note that these symptoms are commonly not experienced until weeks or even months after the injury. A study, published in the Britain Journal of Rheumatology, involved 37 motor vehicle injury patients and found 35% had an onset of arm and hand symptoms (upper extremity symptoms) beyond 3 months of the accident.
This reinforces the need for proper and full treatment of MVA injuries. Failure to receive appropriate treatment (where injured tissues are fully healed and tissue functioning is adequately restored) is a major contributor to the development of these symptoms.

Neck and Mid Back Pain

NECK AND MIDBACK PAIN

Collisions that occur during sporting events, slips, falls or Automobile crashes can all have a damaging effect on your neck and back. Reduction of the normal neck (Cervical) curve, repetitive micro-traumas ie. long hours on the computer, driving in traffic, traveling by car or plane, lifting heavy or awkward objects or constant stress of work, family and everyday life can also be directly related to neck and back pain.

Pain can be dull or sharp, boring or burning, constant or intermittent. As the problem progresses, numbness and or tingling can be felt in the upper back, arms and even in to the hands.

NOTE: Many patients who come in for Carpal Tunnel treatment are amazed to find out that the problem is actually a pinching of the nerves in the neck and NOT a wrist or hand problem.

Through careful evaluation of your neck and upper back, we can pinpoint the problem areas and have great success in correcting the CAUSE of our Patients symptoms.

The Docs at North Dallas Chiropractic

Why an MVA can't always be Measured as to the extent of injury, But the Insurance company will try for their own Gain

Dynamic Chiropractic – January 15, 2010, Vol. 28, Issue 02
Study Confirms Flaws in Standard MVC Defense Strategy
By Arthur Croft, DC, MS, MPH, FACO

The seemingly complex, or perhaps even inscrutable, calculus of what practitioners term personal injury is, in truth, deceptively simple. However, while it keeps getting simpler, many practitioners and lawyers feel hopelessly wrapped around the axle of this puzzling system. The net result is abandonment of needful patients and clients, with a corresponding loss of revenue stream. Consider just a few facts. Motor vehicle collisions are a leading cause of injury in the U.S. and constitute one of our most burdensome public health dilemmas. With 3 million such injuries each year, a total recovery proportion of only about 50 percent, a permanent disability proportion of 10-12 percent, coupled with the fact that many of the injured are young and have many quality life years to lose, the $43 billion annual price tag is hardly surprising.1
Auto insurers make every reasonable effort to insulate themselves from their liability. Some would argue that they engage in efforts most of us would consider unreasonable, if not downright unsavory or unethical. Regardless of your personal judgment, most would agree that over the past two decades, the insurers’ concerted and very expensive campaign to limit claims has been fairly successful.
With Allstate taking the vanguard position with their now-famous three Ds – delay, deny, and defend – most major auto insurers have since instituted similar policies, and the plaintiff persona-injury bar has more often withered than weathered. With a loss of potential legal representation, plaintiffs have had fewer alternatives for compensation. This often has meant that needed health care resources are simply not available to them, which contributes further to the doleful outcome statistics mentioned above. Since inaugurating its get-tough policy in the mid-1990s, which was described by its consulting firm as a transition “from good hands to boxing gloves,” Allstate has reportedly posted surprising high profits.2 Other insurers have not failed to notice.
The Standard Defense and the Importance of Delta V
How could any of this possibly be simple? One need look no further than the essential game plan of most defense lawyers: deception, dissimilation and obfuscation. It requires a team of experts from the fields of medicine (including chiropractic), accident reconstruction and biomechanics who have collectively developed what I consider to be the standard defense strategy. It continues to be the most successful and widely used strategy today, having become the world standard.
This has fostered a small research industry dedicated to the production of pro-defense literature to aid in the cause. Most is junk science. Make no mistake, insurers have the best researchers money can buy and they know how to get published. As a result, even many clinicians remain split on critical issues depending on which brand of literature they rely upon. I note, with all due respect to the Insurance Institute for Highways Safety (IIHS) and members of the International Insurance Whiplash Protection Group (IIWPG), that their research activities are quite laudatory and most welcome. However, there is just a bit of schizophrenia in this industry when it comes to research. While the valid research of the IIHS and the IIWPG is squarely aimed at reducing the industry payout problem by reducing the number of actual injuries, the “other” research seems to be aimed at providing verisimilitude for company experts to wield in courtrooms to sway jurors toward defense theories.
The standard defense has three parts and is based on the ultimate playing field: a court of law, and, in particular, the biases and naivete (i.e., the normal lack of specific factual information in the field of crash traumatology) of jurors. Polls suggest that Americans are also divided on the question of whiplash injuries. As many as 60-70 percent consider it either definitively or very likely a non-injury, but merely an opportunity to bilk insurers at the expense of the rest of us policy-holders who subsidize the system through the increasing premiums we must pay. Thus, jurors are easily misled by the standard defense strategy because it merely reinforces that which they already believe.
The first and most fundamental part of this strategy is to demonstrate that the forces of the collision would not have been of a sufficient magnitude to cause injury. The common currency for this discussion is the plaintiff vehicle’s delta V or change in velocity. For this, an accident reconstructionist is usually employed. Because reconstructionists are rarely allowed to provide opinions as to injury risk, they are often followed by a biomechanist, who is granted more latitude to venture into the discussion of injury risk. In some cases, they are allowed to consider medical records, MRIs, etc., in forming their opinions. Finally, the defense physician (DC, DO or MD) adds the icing to the cake, testifying that either there was no injury or that there was a minor straining-type injury that has long since resolved.
When pre-existing conditions are present, the plaintiff’s complaints are often attributed to them rather than the injury. Company doctors will typically also be of the opinion that a large portion of the medical expenses claimed by the plaintiff are unnecessary, unreasonable,and represent unwarranted treatment and diagnostics. Note that low back injuries are virtually never admitted to be causally related to low-velocity collisions. I have written a paper on this subject which is available upon e-mail request at drcroft@san.rr.com .3
As I have so many times implored readers – and this fact is never contested even by my small army of industry-affiliated detractors – the entire defense mechanism just described is nothing more than a series of interlocking nonsequiturs. The accident reconstructions and biomechanists provide a very polished and seemingly airtight argument based on what appear to be sound mathematical principles and classical Newtonian physics. This is all very interesting, and would be even more so if it had the additional virtue of being true.
Delta V Not a Valid Gauge of Injury Risk?
But figures don’t always add up, which brings me back to the headline of this article. A new study that provides further compelling evidence that delta V, the keystone in the standard defense strategy, is not a valid gauge of injury risk.4 The authors recruited a total of 57 people within 48 hours of their MVCs. The subjects were recruited either from an engineer’s office for vehicle damage assessment or an ER. The whiplash grades ranged from 0-4 (0 indicating no claimed injury and 4 indicating fracture). The collision types included 13 frontal, 21 rear, 19 side, three multiple crashes and one rollover. There were 25 males and 32 females with a median age of 33.
In all cases a trained engineer determined the delta V by examining both crash vehicles. The VAS and Neck Disability Indexes (NDI) scores were tabulated. The authors found no significant correlation between NDI and delta V, no correlation between whiplash grade and delta V, and only a moderate correlation between VAS reported pain and delta V. However, the R2 value (coefficient of determination) for that correlation was only 0.30, which means that 70 percent of the proportion of the variability of pain severity was not explained by differences in delta V.
There was no lower threshold below which a large proportion would predictably not be injured, nor was there an upper threshold above which most would predictably be injured. This was because some people were injured in very low velocity crashes while others were not injured despite fairly high velocity crashes. The authors commented, “It can be concluded that delta V is an irrelevant predictive value for cervical spine injury after MVA [motor vehicle accident].”
Some specific findings include the following: Cervical spine fractures in frontal crashes occurred in delta Vs of 9.3, 19.9 and 31.1 mph. Fractures in side impacts occurred in delta Vs of 6.2 (z-joint fracture of C4), 9.9 (C7 with dislocation of C6-7), 19.9 (z-joint fracture of C2), 31.1 (C5 fracture with C5-6 dislocation and paraplegia), 32.3 (rupture of alar ligaments), 36.0 (atlantoaxial dislocation) and 36.6 mph (rupture of alar ligaments). There was a dens fracture in the one rollover with the delta V reported as 9.3 mph. This article is available for free download at www.ncbi.nlm.nih.gov/pmc/articles/PMC2657117.
A related component of the standard defense strategy is the property damage issue. Specifically, the argument goes, when the property damage is minor, an injury is very unlikely. We addressed this issue earlier in a meta-analysis of medical and engineering literature dating back as far as 1970 that failed to provide a clear link between property damage and any of three outcomes: risk for acute injury, degree of injury severity and risk for long-term symptoms.5 As I always caution readers, this lack of correlation considers the genre of collisions producing property damage that would be described as minor or non-severe. Clearly, when crash severity increases beyond this, there is an increased risk for injury or death.
A related interesting paper by Viano and Parenteau demonstrated that more than 60 percent of the National Automotive Sampling System case database for rear impacts are for crashes with delta Vs of under 15 mph. They noted, “In very low speed crashes, advanced age, stenosis and degeneration of the cervical spinal canal can lead to spinal cord injury and paralysis in crashes otherwise not causing injury in normal adults.”6 I would also note that it has been demonstrated rather conclusively that human variables (i.e., risk factors) are more determinative vis-a-vis injury risk than crash metrics in the lower crash-severity range.
In the end, when essential parts of the foundation of the defense strategy are tested, they repeatedly fail to hold up to the scrutiny of hard science. In a court of law, however, if the plaintiff and their experts cannot effectively present the real facts and rebut the junk science, 12 impressionable jurors will decide the outcome of the case based on their perception of the soundness of the arguments they heard. The simple fact is that more often than not, the plaintiff and their witnesses are simply not adequately prepared. Knowledge is power and information is the currency of success.
References
Zaloshnja E, Miller T, Council F, Persaud B. Comprehensive and human capital crash costs by maximum police-reported injury severity within selected crash types. Annu Proc Assoc Adv Automot Med, 2004;48:251-63.
Berardinelli DJ. From Good Hands to Boxing Gloves: The Dark Side of Insurance. Portland: Trial Guides, LLC, 2008.
Croft AC. Low back injuries in low velocity rear impact collisions. Forum, 2009;39(4):33-7.
Elbel M, Kramer M, Huber-Lang M, et al. Deceleration during “real life” motor vehicle collisions: a sensitive predictor for the risk of sustaining a cervical spine injury? Patient Saf Surg, 2009;3(1):5.
Croft AC, Freeman MD. Correlating crash severity with injury risk, injury severity, and long-term symptoms in low velocity motor vehicle collisions. Medical Science Monitor, 2005;11(10):RA316-21.
Viano DC, Parenteau CS. Serious injury in very low and very high speed rear impacts. SAE, 2008;2008-01-1485.

There's still hope even if the Auto/Car Accident was your fault!

Personal Injury Protection (PIP)

The Texas Department of Insurance requires automobile insurance carriers in our state to issue all automobile policies it writes at least $2500 worth of coverage and you have this coverage unless you reject it in writing. Most people are unaware of this coverage or even know what it is and therefore very few people use it. You end up paying for coverage that they don’t inform you about and you’re entitled to.

Why? Insurance is not understood and most people rely on their agent and claims adjusters to advise them on what to do after an accident. Insurance is a multi-billion dollar industry and are in business to make money. They keep their costs down, less payout, more profits and bonuses at the end of the year. Good for them and not for you.

What is PIP?

PIP is no fault coverage similar to health insurance but on your auto policy for your injuries and your passengers injuries. This coverage is available regardless who is at fault. Yes, you can be the cause of the accident and you will still be covered. There’s no deductible and no co-payment. There is other separate coverage that will cover the other party if you were at fault. If you do not have PIP then you could still be covered if you were in an accident in another state besides Texas. You may also be covered if you were hit in a crosswalk by a car or on a bicycle or borrowing someone else’s car.

What will a claim do to my insurance rates and policy renewal?
Under section 5.7016 of the Texas insurance code, automobile insurance carriers cannot non-renew you for filing one PIP claim in a 12 month period. Also, it is unlikely that they would raise your rates for a sole PIP claim.
Why doesn’t the other guy’s insurance pay for my medical expenses and why should I use my insurance?

Medical treatment is expensive and you are liable for the costs. There is a chance that the other party may never pay for your medical expenses leaving you a financial burden. PIP gives you peace of mind that your medical bills are covered. If you use your health insurance, you may have to pay a deductible and co-pays to your doctor and if the health insurance finds out that you were in an accident they could request to be reimbursed. Some people get referred to a medical provider by their attorney and the medical provider agrees to be paid months or even years later. Since there are a limited number of medical providers who agree to this arrangement, your choice and quality of healthcare may be limited. The answer is to use your PIP coverage so you will not have to pay for medical expenses out of your pocket and get the best possible healthcare treatment available for you and your family’s injuries caused by the accident.

Why should i get an attorney after an Auto/Car accident for my injuries?

An attorney helps with all aspects of an auto/car accident claim or injury. They keep an individual from spending countless hours on the phone with insurance adjusters that really don't care about your well being. It also helps to keep stress levels down and allow you to concentrate on recovery and getting well. Our office only works with the best attorneys/lawyers in Dallas/Fort Worth. We have learned through trial and error, who best takes care of our patients. They also make sure that all your medical bills are settled. This allows you to be additionally stress and medical bill free at the end. We also help those who are not able to treat in our office, who are in need of an attorney. We are here to help!!! So don't hesitate in calling and making an appointment to get examined and also ask about scheduling a free consultation with a reputable attorney. You only have one body, so you need to take care of it. Call Today!!! (972)215-7720

What is Personal Injury Protection (PIP)

The Texas Department of Insurance requires automobile insurance carriers in our state to issue all automobile policies it writes at least $2500 worth of coverage and you have this coverage unless you reject it in writing. Most people are unaware of this coverage or even know what it is and therefore very few people use it. You end up paying for coverage that they don’t inform you about and you’re entitled to.

Why? Insurance is not understood and most people rely on their agent and claims adjusters to advise them on what to do after an accident. Insurance is a multi-billion dollar industry and are in business to make money. They keep their costs down, less payout, more profits and bonuses at the end of the year. Good for them and not for you.

What is PIP?

PIP is no fault coverage similar to health insurance but on your auto policy for your injuries and your passengers injuries. This coverage is available regardless who is at fault. Yes, you can be the cause of the accident and you will still be covered. There’s no deductible and no co-payment. There is other separate coverage that will cover the other party if you were at fault. If you do not have PIP then you could still be covered if you were in an accident in another state besides Texas. You may also be covered if you were hit in a crosswalk by a car or on a bicycle or borrowing someone else’s car.

What will a claim do to my insurance rates and policy renewal?

Under section 5.7016 of the Texas insurance code, automobile insurance carriers cannot non-renew you for filing one PIP claim in a 12 month period. Also, it is unlikely that they would raise your rates for a sole PIP claim.

Why doesn’t the other guy’s insurance pay for my medical expenses and why should I use my insurance?

Medical treatment is expensive and you are liable for the costs. There is a chance that the other party may never pay for your medical expenses leaving you a financial burden. PIP gives you peace of mind that your medical bills are covered. If you use your health insurance, you may have to pay a deductible and co-pays to your doctor and if the health insurance finds out that you were in an accident they could request to be reimbursed. Some people get referred to a medical provider by their attorney and the medical provider agrees to be paid months or even years later. Since there are a limited number of medical providers who agree to this arrangement, your choice and quality of healthcare may be limited. The answer is to use your PIP coverage so you will not have to pay for medical expenses out of your pocket and get the best possible healthcare treatment available for you and your family’s injuries caused by the accident.

What do I do if I was involved in a Car/Auto accident?!

WHAT IF I WAS IN AN AUTO/CAR ACCIDENT ?

Unfortunately, studies show that most of us will be in an auto accident at some point in our lives. The only question remaining, is how bad will it be?
The following are important things to remember if you are involved in an auto accident:

1. Seek treatment as soon as possible.
If there is a chance you may be seriously hurt, you should go to the Emergency room at your local hospital. There they can rule out fractures and life threatening injuries.

2. If you are still experiencing pain and discomfort a few days to a couple weeks later, than you should come to our office to find out if you have any structural damage.
NOTE: The longer you wait after an accident to come to our office, typically the longer it takes to get you better.

3. Most auto insurance companies have what is called Personal injury Protection/Med Pay. This means that your bills will be paid up to 100% up to a certain limit. Our office can check that for you.

4. If the accident was not your fault. The other party's auto insurance should cover your health care expenses in our office. We do all of the paperwork for you.

5. At the accident scene, get as much information on the other driver or drivers as possible. An accident report by Police is always helpful, but not required to have a case.

6. You should never settle with an insurance company before you have had us evaluate your injury for you. If you settle before your injury is fully resolved, you will be completely on your own and will have to pay out of pocket for your care.

7.Dealing with insurance companies can be difficult after an auto accident. We have a number of reputable and highly qualified Attorneys who we can refer you to for a complimentary consultation. Hiring a reputable Attorney essentially takes you out of the direct bargaining process with the insurance company and all the paperwork and phone calls associated with that and lets you concentrate on healing.

8. Injuries sustained after a car-accident if left untreated can lead to spinal degeneration and a host of other problems for years to come.
FINAL NOTE: We find that many people involved in an auto accident that WAS THEIR FAULT never get treatment.
This tends to be due to the fear that their insurance will go up after a claim is filed.
Your PIP (Personal Injury Protection) is why you have auto insurance in the first place.
Many insurance companies will not raise your rates after 1 or even 2 accidents in the same year.
THE INJURIES SUSTAINED IN AN AUTOMOBILE ACCIDENT CAN CAUSE A HOST OF PROBLEMS FOR YEARS TO COME, OR EVEN THE REST OF YOUR LIFE.
YOU OWE IT TO YOURSELF TO COME IN AND GET CHECKED.


Call our office today at (972) 215-7720.

Personal Injury Protection (PIP)

The Texas Department of Insurance requires automobile insurance carriers in our state to issue all automobile policies it writes at least $2500 worth of coverage and you have this coverage unless you reject it in writing. Most people are unaware of this coverage or even know what it is and therefore very few people use it. You end up paying for coverage that they don’t inform you about and you’re entitled to.

Why? Insurance is not understood and most people rely on their agent and claims adjusters to advise them on what to do after an accident. Insurance is a multi-billion dollar industry and are in business to make money. They keep their costs down, less payout, more profits and bonuses at the end of the year. Good for them and not for you.

What is PIP?

PIP is no fault coverage similar to health insurance but on your auto policy for your injuries and your passengers injuries. This coverage is available regardless who is at fault. Yes, you can be the cause of the accident and you will still be covered. There’s no deductible and no co-payment. There is other separate coverage that will cover the other party if you were at fault. If you do not have PIP then you could still be covered if you were in an accident in another state besides Texas. You may also be covered if you were hit in a crosswalk by a car or on a bicycle or borrowing someone else’s car.

What will a claim do to my insurance rates and policy renewal?

Under section 5.7016 of the Texas insurance code, automobile insurance carriers cannot non-renew you for filing one PIP claim in a 12 month period. Also, it is unlikely that they would raise your rates for a sole PIP claim.

Why doesn’t the other guy’s insurance pay for my medical expenses and why should I use my insurance?
Medical treatment is expensive and you are liable for the costs. There is a chance that the other party may never pay for your medical expenses leaving you a financial burden. PIP gives you peace of mind that your medical bills are covered. If you use your health insurance, you may have to pay a deductible and co-pays to your doctor and if the health insurance finds out that you were in an accident they could request to be reimbursed. Some people get referred to a medical provider by their attorney and the medical provider agrees to be paid months or even years later. Since there are a limited number of medical providers who agree to this arrangement, your choice and quality of healthcare may be limited. The answer is to use your PIP coverage so you will not have to pay for medical expenses out of your pocket and get the best possible healthcare treatment available for you and your family’s injuries caused by the accident.