Top Tips for Speaking to Your Doctor After Your Car Accident
Disclaimer: The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. You should not rely on this information without consulting a qualified attorney about your particular situation.
1. Connect the Dots: Say “Car Accident” Clearly
It sounds simple, but many patients assume the doctor knows why they are there.
- The Mistake: Saying “My neck hurts.”
- The Fix: Be specific. Explain why you are there. For example “I was rear-ended at 40 mph on I-805 yesterday, and since then, my neck hurts.”
- Why it Matters: We need the doctor to explicitly note the “Mechanism of Injury” in your file. This creates a legal link (causation) between the crash and your pain. If the record just says “Patient presents with neck pain,” the defense will argue you slept wrong.
2. The “Laundry List” Rule: Don’t Hold Back
In a standard checkup, we are taught to be polite and not complain too much. After an accident, you must be able to verbalize what parts of your body are hurting or injured. Start from your head and go down to your toes.
- Report Everything: Even “minor” symptoms like dizziness, a tingling pinky finger, or a slightly blurred vision can be signs of serious issues like a concussion or nerve damage.
- The “Double Impact” Effect: In 2026, many San Diego accidents involve complex multi-car pileups. Adrenaline often masks pain for hours. If you didn’t mention your knee at the first visit but it starts hurting three days later, go back and report it immediately.
3. Describe “Function,” Not Just “Pain”
Doctors (and juries) hear “My back hurts” all the time. It is subjective and easy to ignore. Functional descriptions paint a picture of how your life has been stolen.
- Weak: “My pain is a 7 out of 10.”
- Strong: “I can no longer pick up my two-year-old daughter,” “I cannot sit at my desk for more than 15 minutes without standing,” or “I had to hire a gardener because I can’t push the lawnmower.”
- Why it Matters: These are “Loss of Enjoyment of Life” damages, which often provide more information and insight regarding your injuries, and as a result a higher value than simple pain numbers.
4. The Trap of Pre-Existing Conditions
Many clients fear that if they admit to a previous injury, their case is over. This is a myth. You must be honest about your history.
- The “Eggshell Plaintiff” Rule: Under California law, if an accident aggravates an old injury (making it worse), the at-fault driver is responsible for that aggravation.
- The Danger of Lying: If you tell your doctor “I’ve never had back pain before,” and the insurance company finds a chiropractic record from 5 years ago (and they will find it), your credibility is destroyed.
- What to Say: “I hurt my back 5 years ago, but it had healed and I was pain-free until this crash.”
5. Watch Out for “AI Scribes” in 2026
A growing trend in San Diego medical systems (like Scripps and Sharp) is the use of AI tools to transcribe doctor-patient conversations automatically.
- The Risk: AI can misinterpret context or miss quiet comments.
- The Tip: Before you leave the exam room, ask to read the summary notes or check your patient portal (MyChart) as soon as you get home. If the notes say “Patient denies dizziness” when you did mention dizziness, send a message to correct the record immediately.
6. Follow Instructions (Compliance)
If a doctor prescribes physical therapy, you must go. If they tell you to take time off work, take it.
- “Gap in Care”: Insurance adjusters love to see missed appointments. They argue, “If the plaintiff was really hurt, they wouldn’t have skipped rehab.”
- Note: If you cannot afford the treatment, call Tan Ngo Law Firm immediately. Do not just stop going. We can help arrange you to see medical providers so you can continue treatment without upfront payment.
