Claims Process

1. My attorney said I don’t have a case. Can I still file a claim?
That depends on the facts of the case.

We treat many patients who have been turned away by a Personal Injury Attorney who refuses to take their case. These Attorneys usually refuse cases where there is not much vehicle damage or when there are delays in treatment.  In either case, as long as other driver’s Insurance has accepted liability, you still have a viable claim and one of our Claims Experts at Whiplash Provider Network would be glad to discuss the claims process with you

2. There is not much damage to my car, can I still file an injury claim?

Yes you can!

Insurance companies are famous for phrases like “No Crash, No Cash”, but that is False! There is Absolutely No Correlation between the Vehicle Damage and Injuries. This as you may have seen in the slow-motion crash video on this website, even when there is no visible damage to the car the person inside is violently thrown backwards, so there is always a possibility of injury and it has nothing to do with vehicle damage.

3. What if I was at fault, will Insurance still cover my injuries?

Yes, it is still possible.

When you are the driver at fault if your insurance policy has Secondary Coverages, some of those coverages will pay for medical expenses. Contact us at the Whiplash Provider Network and let one of our Insurance Claims Specialists explain your policy to you.

4. Whose insurance company is responsible for paying my medical bills?

The simple answer is Insurance Company of the driver who was “at-fault” or the driver who cause the accident would be responsible for paying for damages.
Both Insurance Companies will look at the evidence including the police report, witness statements and each driver’s account of the wreck and they will make the determination of which driver is at fault and that Insurance Company will Accept Liability. It is at this point that you can file Insurance Claim.

5. How does the insurance determine who is At-Fault for the wreck?

That determination will be based on the statements of all parties and witnesses as well as the visible evidence and any pictures of the scene, the officer will often determine which party was at-fault. Now the office rarely states that one party is at-fault, but most of the time the at-fault driver will receive a ticket for something like: “Failure to Control Speed” or “Running a Red Light”, etc. This typically indicates who the officer feels was responsible for causing the wreck. The officer will then write a police report detailing the accident once he gets back to the police station and this can take up to 10 days before the report is be made public. Both insurance companies will obtain a copy of this report to help determine if they feel their driver is at-fault. Note: there are times where it is not clear to the officer who was at fault and that will be reflected in his report.

In addition to the police report, both insurance companies will also try to determine who caused the accident by speaking first to their own client and then reaching out to the other driver in what is called a “recorded statement” which is where the other driver describes the events of the accident from his perspective. Remember to always tell the truth but limit what you say, meaning simply answer the insurance adjuster’s questions and don’t try to add more information. What you don’t want to do is say anything that could be construed as conflicting with what you told the officer.

6. What happens if the police were not called to the scene or if there was no accident report filed?

It is important for you to go to the police station and file your own accident report! You need to document the events and tell your side of the story.

In cases where the police were not at the scene or the officer never filed a police report it can be more difficult to determine the driver who was at-fault, which is why it is important that you file the accident report. In these cases the recorded statement you give to the insurance company is the main tool used to determine who is at fault and if the insurance company will accept liability. So when the police aren’t involved it is even more important to take as many pictures of the vehicles, the scene around the wreck so you can help to tell your side of the story. It is also very important to get the names and numbers of any witnesses and document of the events of the wreck and how they unfolded so you don’t forget details.

7. Which insurance companies should I talk to first?

You should always discuss your claim with your own insurance carrier first.

Your insurance carrier needs to hear your account of the accident so they can compare it to the other driver’s account, so you will want to be sure to have your notes about the accident available during this call. This also helps you get your thoughts in order and gives you an indication of what you may be asked by the other insurance company. Next, be sure review your notes about the accident and keep them with you during the call.

8. What do I tell the other driver’s insurance company when they call?

First gather any notes, pictures or documentation you have of the wreck and review it.
This is a very important part of the process so keep your notes with you while on the phone call, so you don’t mistakenly describe things incorrectly like the wrong date, street name, etc. When speaking with the other insurance company answer their questions truthfully but don’t elaborate. Simply answer the question and just be quiet until you are asked another question. Also, it is important that you never take the blame for the accident! You are not an expert, so let those who are trained in this field, like the police office and insurance adjusters, look at the facts and determine fault. Remember the other driver’s insurance company will use your statements against you and may even blame you for the accident (or argue that you were partially at-fault for the accident).

9. What should I do once I have filed a claim?

After your claim is opened, it is important that you keep records of all your expenses and keep copies of all your paperwork. Examples of expenses are:

  • notes taken during doctor visits notes.
  • Keep a Journal – Document pain – expenses – Days off of work – activities and hobby you can no longer perform


1. What is liability insurance?
Liability Insurance is the mandatory coverage that is required for all drivers in fault states like Texas, New Mexico, Colorado and many others and it is used to pay medical expenses for those injured and it pays for damage to the vehicle of the person Not at-fault.
2. What if my medical expenses are more that the liability policy?

The first medical expenses will be covered by the other driver’s Insurance Company up to the limits of their Liability Policy. When those limits are not enough to cover your medical bills, you should check your own policy to see if you have Secondary Coverages that would pay for the remaining medical bills and or vehicle damage.

The Claims Experts at the Whiplash Provider Network will work with you and your Auto Insurance Company to identify any Secondary Insurance Coverages on your own policy like: UM/UIM, PIP or MedPay

3. What are secondary insurance coverages and what are they used for?

Uninsured Motorist / Under Insured Motorist (UM/UIM) – MedPay – Personal Injury Protection (PIP)

These insurance policies are secondary policies that are to be used when other driver has no coverage, or the amount of coverage is not enough to cover your medical expenses or damage to you vehicle. These are very useful policies, and a good Insurance Agent would have suggested you purchase them for this exact situation. So contact us at the Whiplash Provider

Network and when you speak with one of our Insurance Claims Experts, they will be able to determine if you have these coverages and how to use them.

4. Does using my secondary insurance increase my rates?

NO! Your insurance rates are determined by your things like; your age, the number of accidents or moving violations (tickets), the county you live in and sometimes they use your credit score.
These are policies that are only used when another driver was negligent. Why would your own Insurance Company punish you, the responsible driver, for purchasing and then using a policy meant to cover you when someone else is irresponsible? That would mean that you were being victimized again.

5. Do I use my health insurance after an accident?

No! There is a definite order in choosing which insurance company to use first. ALWAYS USE THE AUTO POLICY FIRST because it will include provisions that pay 100% of your medical up to the limits of the policy.

There is a risk when using your Health Insurance first, because this now shifts the financial burden and responsibility for payment to you. Things like co-pays and deductibles become your responsibility and if the Health Insurance Company finds out there was an Auto Policy, the have the right to “Subrogate” or ask for reimbursement of medical expenses they covered, so there is a chance that you may be responsible for that reimbursement.

6. Are there other reasons not to use Health Insurance for Auto Injuries?

Yes. Your health insurance policy is not intended to pay for automobile injuries.

Think about it … The other driver is at fault and he has an insurance policy he paid for that is specifically designed to cover your medical expenses. Why would you then force your own Health Insurance Company to pay for medical expense that are not their responsibility? This is part of what drives the Health Insurance Costs Up for all Americans, so please be responsible.

7. Is there ever a time to use my Health Insurance?

YES. In cases where the other driver has no insurance coverage and if your policy does not include secondary coverages discussed earlier. This is where your Health Insurance is designed to cover your medical expenses.

Another scenario where you would use your Health Insurance is when your injuries are so significant that you have exhausted the liability policy and your secondary auto policies. This is the appropriate time to use your Health Insurance to cover medical expenses related to car accident.


1. My doctor doesn’t treat automobile injuries. What do I do now?

We understand it can be frustrating and confusing when your doctor tells you he doesn’t treat automobile injuries. Where does a patient turn to now? This gap in the healthcare system is exactly why we created the Whiplash Provider Network.

Many times a patient’s personal doctor doesn’t have the resources to diagnose and treat automobile injures because his focus is more dedicated to illness and diseases. This is where the doctor’s in the Whiplash Provider Network are a valuable resource for doctors and their patients who need specialized care from physicians who regularly accept and treat automobile injuries.

2. What type of treatment will I get after an accident?

Once you are seen by one of our treating physicians, he will decide what treatment is needed based on your specific injuries.

Keep in mind that since he is a part of the Whiplash Provider Network, your treating doctor has a comprehensive list of providers, which allows him to make a referral to any specialist he feels is appropriate. Our network includes massage therapists, physical therapists, chiropractors, pain management physicians, licensed counselors, psychiatrists, and surgeons.

3. How long will my treatment last?

Treatment times vary greatly because that is dependent on your specific injuries and risk factors.

All of the doctors in the Whiplash Provider Network follow evidence-based best practices, so your treatment plan will be based on guidelines and the type of care and length of care will depend on your response to the treatment. It is important to follow your doctor’s orders and

4. What about delays in treatment?

We treat many patients who have delayed seeking care and have been told by a Personal Injury Attorney or Claims Adjuster that they have waited too long to receive treatment. That is Absolutely Not True!

Granted, you should seek treat immediately, but the law gives you up to 2 years to fill an injury claim. So if you are still noticing pain a few weeks or even months after an accident, contact the Whiplash Provider Network for an Insurance Claim Evaluation.


1. How long do I have to make a claim?

The Statute of Limitations to file a claim is two years but it is always better to file the claim right away! Delays in filing make the claims process more difficult.

2. How long does the claims process take?

The entire process can vary greatly depending on the extent of your injury and treatment.

It’s easier to look at just the settlement process after treatment is complete:

  • Claims filed directly with the Auto Insurance without an Attorney, often settle within 2-6 weeks after treatment is complete.
  • Claims filed using an Attorney normally take at least 6 months to 2 years to settle after treatment is complete.
  • Claims filed using an Attorney that end up going trial, usually take several years, because your “Insurance Claim” now becomes a “Lawsuit” and your “Settlement” now becomes a “Jury Verdict”.
3. What do I submit to the Insurance Company?

It is important that you keep copies of all expenses related to the accident.

Examples of expenses are:

  • The cost of the police report
  • Any expenses related to car repair
  • Towing expenses
  • Cost of car rental
  • Medical Bills
  • Ambulance and Hospital Bills
4. What is “Pain & Suffering”?

Pain and suffering is the part of the claims process where the injured party is financially compensated for their injuries. Now money does not make you whole again or undo the injury, but it is the method used by all states including the State of Texas for the insurance company to compensate you the negligence of their insured.

5. What exactly does “Pain” mean to the Insurance Company?

Pain is pretty easy to understand. While there is no direct correlation between pain and treatment, the basic principle is the more medical treatment you receive, the more injured you must have been and since it is hard to quantify pain this typically means the more you receive for PAIN.

6. What exactly does “Suffering” mean to the Insurance Company?

Suffering is really more about how this injury affected you in your daily life, both at home and work. This is where it is important that you work with the Whiplash Provider Network, because our providers understand the effects that injuries have on your life and our thorough evaluations ask many questions about how your injury is affecting your daily activities.  Capturing this information is vitally important to determining an accurate diagnosis and treatment plan but it also documents the effect that this injury has had on your life.

It is also important that you keep a journal of pain and events that are affected by the pain. For instance if you can’t lift the groceries from the car or you find it difficult to get on the floor and play with your child, these are the exact things that have been taken from you and that demonstrate SUFFERING!  So documenting suffering is something that your doctor will do based on a certain set of questions, but it is very important that you document your daily struggles in a journal with dates and specifics, because at the end of the case you will need to reference those struggles and painful events to demonstrate the amount of suffering this wreck has caused you.

7. What is involved in the settlement process?

See our PROCESS PAGE to explain step by step process.

You can get a complete explanation by calling us at 844-4-Whiplash (844-494-4752) to speak to one of our Insurance Claims Specialists.

+1 (844) 494-4752

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