Car accident >> Off my bike >> Emotional upheaval

This is a health issue, so I'm posting it here, but it's also a legal question, I guess, because I'm wondering if anyone has ever collected from an insurance company for pain and suffering after a car accident that left you unable to resume your normal work out schedule.

A couple of years ago I was diagnosed with clinical depression and I was prescribed a variety of the usual antidepressants, but it wasn't until I took up cycling that I found my mental health balance. I've been off all those meds for over a year.

Three weeks ago I was rear-ended at a stop light - a seemingly minor incident, but it left me with whiplash, the usual stiffness and soreness for a few days, and a sprained tendon in my left wrist. I have been unable to ride my bike, even on a trainer, ever since, because of the strain of holding up my head and the pressure on the sprained tendon. I've also been unable to resume my swim workouts until this week, and then it was pretty horrible how slow I'd become and how much my form had deteriorated.

What has worried me most, though, was how quickly the emotional imbalance descended upon me. I've had two major depressive episodes in the last three weeks, one in front of a parent volunteer, a teacher, and her class of 22 second graders just as they were coming into the library where I was going to read them a story.

I've been fighting racing thoughts and a feeling of fragility and unevenness, like I'm under attack or something, even though I know I'm not. I feel constantly on edge.

Driving on the freeway in traffic is extremely stressful, too.

I've been asked to submit an accident journal along with my receipts for the medical treatments and other expenses I've incurred because of the accident. The other driver's insurance has accepted full liability.

The damage to my car was just over $1,000. The initial estimate was superficial and just $400, so when I mentioned the above medical and emotional issues to the insurance company rep, he wondered how I could be suffering so much from such a minor impact. I told him it had surprised me, too. Then I learned yesterday what the extent of the damage had been.

At least I know I'm not going crazy, that I'm not imagining the physical pain and I'm not having some random relapse of the emotional stuff. This is really happening, and this time I've told my MD, my chiropractor, and my husband, and a couple of close friends, so they're watching me. I refused to go back on the antidepressants. I really just need to get back on the bike and back in the pool as soon as possible.

There's the challenge, though. I also need to heal. I will heal physically and get back into my routine before any antidepressants have a chance to take effect, so I don't want to get back on them. Getting off them was a challenge in itself.

My question for you guys is, how do I best express this to the insurance company? I've never really dealt with a pain and suffering statement before. But I have been in real pain, and I have really been suffering.

What should I do?

Thanks in advance for any advice.

Roxy

You need to at least talk to a lawyer. Whether you'll be able to prove enough damages for them to actually take the case is another question, but tort lawyers will almost always consult with you without an up-front fee. It helps that you have neutral witnesses to your decompensation.

I hope you're also seeing a therapist. (If by MD you mean a psychiatrist, even if s/he does talk therapy, IME you'll get more attention from a psychologist or LiSW.) The best way to avoid PTSD is to deal with the emotional trauma soon after the incident. Of course it would help you document your emotional injuries too.

Thanks, Oakleaf. I hadn't even considered seeing a therapist. I talked to my family doctor - MD - the one who'd helped me get off the antidepressants before. (A different doctor put me on them, but she got married and moved and this new doctor took over her practice here.) New doctor is a cyclist and runner, too, and loves that I've had so much good come from the triathlon training. She fully supports my wanting to stay off meds, as long as the training is doing the job.

I'll look into a therapist.

I did talk to a lawyer right after the accident. He said that with that little bit of damage ($400), it wouldn't be worth the time and effort to pursue. For him, at least. I wonder if he'd change his mind with $1,000+ in damage, but do I want to work with him now, when the damage to me wasn't enough to interest him?

Roxy

Oak is giving good advice on the legal side.

I really hope you find a balance of healing yourself and activity that you enjoy doing while you recover. May you find a therapist/counsellor if necessary . I totally agree with your instinctive dislike of the meds for depression if it was not as good as cycling or swimming.

I would definitely get another lawyer. See if you can find a woman with that specialty.

+++1 on seeing a therapist. Even though most people in the US get antidepressants from their pcps, they are not often the best person to get help from for emotional issues. See a licensed mental health counselor, licensed social worker, or a psychologist. Someone who has experience with PTSD and depression. If you need the meds, they will have a relationship with a prescribing psychiatrist or psychiatric nurse practitioner who can prescribe.
Can you walk? Do water aerobics?

PM me, if you want.

You've already gotten some great advice here...so I just want to tell you to be good to yourself and keep reminding yourself that once you are physically healed that your bike is waiting for you--this is temporary. And we're all sending you positive vibes and cyber-hugs.

Thanks, everyone, for the love and support. I'll try to get some referrals for someone to help me with the PTSD on Monday.

You ladies are always so supportive. I have to admit, I got a little teary reading your posts. This community really is a life-saver.

Roxy

(((channlluv)))
I'm not a doctor or a lawyer or a therapist -- but I do know from personal experience that it doesn't have to take a lot to trigger an anxiety episode or depressive episode, especially if you have a history or predisposition. It takes a lot of effort to achieve balance in your life if this is part of who you are, and getting rear-ended probably was a bit like getting the rug pulled out from under you.

In addition to going back to the lawyer, you might give your own insurance company a call, as well as your family doctor. It's just good to keep everyone in the loop. When you do your initial assessment with a therapist, it's like any other treatment -- there will probably be a question if you are seeking treatment as a result of an accident and was there another party at fault. There may be some procedure in which you, your therapist and your insurance co. submit a claim to the driver's insurance company.

Hope you feel better soon.

(((channlluv)))

I am sorry to hear of your recent reoccurance. I hope that you are able to heal and get back to doing what you love soon. I have enjoyed reading your posts and your excitment for triathalon. Take care and be kind to yourself.

Red Rock

Don't have any advice, but wanted to send healing thoughts. You might want to try to find some exercises you CAN do - maybe some yoga, some strength training of your legs (as long as it doesn't bother your back/neck), swim drills so you regain your form and stop paying attention so closely to your pace and form in the first place for a little while.

Hang in there!

You might want to PM MM_QFC and ask her this question---she may have written such a statement after she was hit by a car when she was on her bike.

Roxie - Lots of good advice here already. Just wanted to send you healing karma. I was in a bad car accident about 13 years ago and I no longer like driving or trust other drivers (I was t-boned by a red light runner).

((((roxy))))
+1 on a lawyer and on a therapist. Don't try to fight this alone. Surround yourself with people that can help. We are all thinking of you!

You have received good advice and I am sending you a hug. I second the advice about seeking a different lawyer.

Roxy,

The pain and suffering statement is probably one of the most difficult things I've had to do so I genuinely hope your process is simpler.

Here's what I'd suggest - write down your talking points in quantitative terms; how much suffering, what dates, what meds, etc.

then translate that into actual distress; I can no longer participate in my normal activities as I was etc.

Insurance companies are out to NOT pay you for pain and suffering so try to roll with the process otherwise it can be really upsetting. It's definitely a testament to how the system is not set up to be helpful. Also if you don't have a lawyer but do have access to legal aid benefits thru work you might use the benefit and get an idea from a lawyer about how much money you can realistically expect.

Good luck to you and wishing you a speedy (and if not speedy at least insightful!) recovery!

I don't have any legal advice, but I wish you a speedy recovery, physically and mentally. Sounds like you're taking the right steps to get back to normal. Maybe try just walking on a trail or something. Anything to get moving but not aggravate your injuries. Don't rush into training too soon.

xx

Roxy, no real advice here from me, either, but sounds like you've gotten many good suggestions. I know that the endorphins you get from exercise have real effects- my DH has also weaned himself off of medication for depression through exercise.

Can you try yoga in the meantime? Might not have the cardio effects, but could be calming.

Hang in there!

Quote:

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Originally Posted by patriciaocconer

First of all a person must never drive any kind of vehicle with an very high accelerated speed...also to it for every new automobile insurance must be the first priority...because its value is realized only when any kind of miss-happening takes place.

---

Profound words of wisdom :)

(((((((Roxy)))))))

I can totally understand not wanting to go on antidepressants. I think the advice of seeking out therapy is good to help you deal with the racing thoughts and anxiety. Yoga, tai-chi, or a gentle form a kigong may help with learning how bring some of your anxiety down too while getting some exercise.

Channlluv, hope you feel better and can get back to it all soon. Car accidents suck!

Roxy, I admire your determination to stay off the antidepressants and am sending lots of hearfelt good wishes. Hang in there and take it one day at a time.

(((Channlluv)))

I hope you feel better soon.

Thank you, Rain, for the suggestion about seeking the legal aid benefits through my employer. I don't have that service, but DH does. I'll ask him for the number.

For everyone else, thank you so much for the support and healing thoughts. I appreciate most of all the support in my not wanting to go back on antidepressants.

I talked with my chiropractor today about it. I told him I really didn't want to get back on them, but that so far I haven't been able to get my heart rate up to where the endorphins kick in. He assured me it wouldn't take long for me to get back to that level. I just need to give myself time to fully heal.

Here's to healing, physically and emotionally.

Roxy

Channlluv hope you will be better soon!

i just read this thread. roxy i was on anti depressants for years and years and they didn't work for me in fact they made me worse but they do work wonders for some people. my therapist recently read a book called the mood cure and it is about supplements and things that can help some people instead of anti depressants. i have tried some of them and they work for me they work a lot better than anti depressants ever did for me. so maybe that would be worth looking into? are you in therapy for the depression and thoughts? i didn't read every word of the thread i'm watching my son at the moment. therapy has helped me more than supplements or medications and i think for a lot of people it is the only lasting cure.

i really hope you can find some exercise that works for you or can get back on the bike at some point. riding a bike is really one of the most important things for my emotional health and i can't imagine losing that. ((((((roxy)))))

i really hope that you can get the money to pay for everything and more than that i really hope you can get some peace and feel better really soon.

Thanks, moonfroggy, and everyone else who's added on messages, too. You ladies are truly beautiful people.

I'm doing better today. I contact my lawyer friend and she concurred that even with the $1000 damage, not many lawyers would take the case. There's just not enough money in it to make it worthwhile, and she suggested that I might just need to pay for an hour or so of time, but to be aware that that can be pricey.

I've been seeking out happy things (see the post about the girls on the cross-country bike ride) and things I've done right or well.

I'm trying to stay focused on positive things. It's amazing how making a list of things I did well this week can redirect the negative stuff.

I've been in therapy in the past, but haven't been in almost a year. Cycling really changed my life.

I don't take any supplements per se. I've tried Omega 3's, but worry about the interaction with my blood pressure meds. I do take Vitamin D3 - doctor's orders - and a multiple vitamin for women, and turmeric. Oh, and a joint builder compound, but that's all. And the blood pressure meds and the Metformin. So yeah, I guess that's some supplementation, huh?

Roxy