It happens more often than you might think.
You are involved in a car accident. Your vehicle is damaged, you are shaken up, but when the police officer or the other driver asks whether you are hurt, you say something like, “I think I’m okay.”
Maybe you even drive home.
Then you wake up the next morning and your neck is stiff. Your back starts bothering you. A headache develops. Two or three days later, you realize that you are definitely not okay.
One of the first questions people in this situation ask me is: **Did I hurt my personal injury claim because I didn’t say I was injured at the scene?**
The answer is: Not necessarily.
Why You May Not Feel an Injury Immediately
An automobile collision happens quickly. In the moments immediately following an accident, most people are focused on what just happened.
Is everyone okay? Where did the other car come from? Is my car drivable? Do I need to call the police? How am I going to get home?
You may also be experiencing an adrenaline response following the collision. Pain, stiffness and other symptoms may not be obvious to you immediately.
Some injuries simply become more noticeable over time. Neck and back pain, headaches, muscle soreness and other symptoms can develop or become significantly worse during the hours or days following an accident.
That does not automatically mean the injury wasn’t caused by the accident.
“But the Police Report Says I Wasn’t Injured”
This is something I frequently have to explain to clients.
A police report might indicate that there were “no injuries reported” at the scene. That means exactly what it says: no injury was **reported at that particular time**.
It is not a medical diagnosis.
A police officer generally isn’t determining whether you suffered a cervical strain, back injury, concussion or another condition that may not yet be producing obvious symptoms.
Likewise, telling someone at the scene, “I’m fine,” or “I think I’m okay,” doesn’t necessarily establish that you weren’t injured.
But it can become something the insurance company wants to talk about later.
## Why Waiting Too Long Can Create Problems
There is an important distinction between symptoms developing after an accident and experiencing symptoms but waiting weeks or months to obtain medical attention.
Insurance companies examine the timeline.
If you are involved in an accident on Monday, begin experiencing significant neck pain on Tuesday and see your doctor on Wednesday, there is a relatively straightforward sequence of events.
If you wait six weeks before mentioning neck pain to any medical provider, the insurance company may argue that something else happened during those six weeks.
This is sometimes referred to as a **gap in treatment**.
A gap doesn’t automatically destroy a personal injury claim. There can be perfectly legitimate reasons for one. But unexplained delays can make it more difficult to establish that an injury was caused by a particular accident.
Don’t Exaggerate Your Symptoms — But Don’t Minimize Them Either
This may be one of the most important pieces of advice I can give someone after an accident.
Be accurate.
If something hurts, tell your medical provider.
If you are having headaches, say so. If your neck is stiff, mention it. If your lower back hurts when you sit at your desk for an hour, explain that.
At the same time, don’t exaggerate your symptoms or report problems you aren’t actually experiencing.
Your medical records often become an important part of a personal injury claim. Those records should accurately document what you are experiencing and how your condition progresses.
What If You Already Told the Insurance Company You Were Fine?
Don’t panic.
Insurance adjusters sometimes contact people very soon after an accident. You might receive a telephone call before you have even had an opportunity to understand the extent of your injuries.
An adjuster may ask, “Were you injured?”
If you genuinely felt fine at the time and said no, that doesn’t necessarily prevent you from bringing a claim when symptoms subsequently develop.
However, this illustrates why you should be careful about giving detailed or recorded statements to another driver’s insurance company before you know the extent of your injuries.
Something said casually shortly after an accident may later be compared with your medical records and your description of your injuries.
Get Appropriate Medical Attention
You shouldn’t go to an emergency room simply because you think it will make your personal injury case better.
Medical treatment should be based upon your medical needs.
But the reverse is equally important: **don’t avoid appropriate medical care because you think the pain will eventually disappear.**
If symptoms develop following an accident, consider contacting your physician or another appropriate medical provider. Explain when the accident occurred, when your symptoms began and how they have progressed.
Apart from protecting your health, contemporaneous medical records can become important evidence if there is later a dispute about when your symptoms began.
Massachusetts automobile policies also include Personal Injury Protection, commonly called PIP, which can provide benefits for reasonable and necessary accident-related medical expenses and certain lost wages, subject to the applicable statutory and policy provisions.
What If You Had a Bad Back Before the Accident?
This is another common concern.
Having a pre-existing condition does not automatically mean you don’t have a case.
People who have previously experienced neck pain, back problems, arthritis or other conditions can still be injured in an automobile accident.
The important question may be whether the collision **aggravated or worsened** the pre-existing condition.
Insurance companies frequently obtain prior medical records and compare a person’s condition before and after an accident. That makes accurate medical documentation particularly important when a pre-existing condition is involved.
Trying to hide an old injury is almost always a mistake. It is far better to address it directly and determine whether the evidence shows that the accident made the condition worse.
The Bottom Line
Not every injury announces itself at the moment of impact.
You can walk away from an accident believing that you are fine and begin experiencing significant symptoms hours or even days later.
That doesn’t necessarily mean you don’t have a personal injury claim.
What happens next, however, can matter.
Pay attention to your symptoms. Seek appropriate medical care. Be accurate when describing what you are experiencing. And be cautious about giving detailed statements to an insurance company before you understand the nature and extent of your injuries.
If you were injured in a Massachusetts automobile accident and have questions about your rights, insurance coverage or whether you may have a personal injury claim, contact the Law Offices of Scott M. Syat, P.C. We represent injured people throughout Massachusetts and can help you understand your options.
**Call us at (617) 773-3500 to discuss your case.**