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  1. #1
    Join Date
    Sep 2008
    Location
    San Diego, CA
    Posts
    1,316

    Car accident >> Off my bike >> Emotional upheaval

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    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
    Getting in touch with my inner try-athlete.

  2. #2
    Join Date
    Sep 2007
    Location
    Uncanny Valley
    Posts
    14,498
    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.
    Speed comes from what you put behind you. - Judi Ketteler

  3. #3
    Join Date
    Sep 2008
    Location
    San Diego, CA
    Posts
    1,316
    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
    Getting in touch with my inner try-athlete.

  4. #4
    Join Date
    Nov 2007
    Location
    Western Canada-prairies, mountain & ocean
    Posts
    6,984
    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.
    My Personal blog on cycling & other favourite passions.
    遙知馬力日久見人心 Over a long distance, you learn about the strength of your horse; over a long period of time, you get to know what’s in a person’s heart.

  5. #5
    Join Date
    Apr 2007
    Location
    Limbo
    Posts
    8,769
    I would definitely get another lawyer. See if you can find a woman with that specialty.
    2008 Trek FX 7.2/Terry Cite X
    2009 Jamis Aurora/Brooks B-68
    2010 Trek FX 7.6 WSD/stock bontrager

  6. #6
    Join Date
    Feb 2005
    Location
    Concord, MA
    Posts
    13,394
    +++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.

  7. #7
    Join Date
    Nov 2009
    Location
    West MI
    Posts
    4,259
    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.
    Kirsten
    run/bike log
    zoomylicious


    '11 Cannondale SuperSix 4 Rival
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    '14 Seven Mudhoney S Ti/disc/Di2

  8. #8
    Join Date
    Sep 2008
    Location
    San Diego, CA
    Posts
    1,316
    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
    Getting in touch with my inner try-athlete.

  9. #9
    Join Date
    Feb 2008
    Location
    Maine
    Posts
    1,650
    (((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.

  10. #10
    Join Date
    Feb 2008
    Location
    Edge of Colorado Plateau
    Posts
    701
    (((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

  11. #11
    Join Date
    Apr 2006
    Location
    Seattle, WA
    Posts
    2,208
    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!

  12. #12
    Join Date
    Jan 2006
    Location
    Pacific Northwest
    Posts
    3,436
    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.
    "My predominant feeling is one of gratitude. I have loved and been loved;I have been given much and I have given something in return...Above all, I have been a sentient being, a thinking animal, on this beautiful planet, and that in itself has been an enormous privilege and an adventure." O. Sacks

  13. #13
    Join Date
    Oct 2004
    Location
    Arlington, VA
    Posts
    1,993
    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).

  14. #14
    Join Date
    Mar 2008
    Location
    Atlanta, GA
    Posts
    714
    ((((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!
    ----------------------------------------------------
    "I never made "Who's Who"- but sure as hell I made "What's That??..."

  15. #15
    Join Date
    Apr 2006
    Location
    Long Island, NY
    Posts
    162
    You have received good advice and I am sending you a hug. I second the advice about seeking a different lawyer.

 

 

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