Whiplash claim?

are you a doctor , you could have cancer too . courts take the medical facts from doctors and not you , why didnt you see a doctor straight away , when did the pain from it start , how do you know seeing your not a doctor , buzz off you fool ..

What you believe and what can be proven is 2 different birds.  Yes they can xray for whiplash. Migraine is not enough as that is a headache. I take it YOU are not a doctor. So, you have no idea what a whiplash is or how to test for itl  Talk to YOUR insurance company. Their insurance does not give a rats patooie about you.  

.  If your car is wrecked to the point of being totaled, you get the value of the car that day.  You are not owed a car....just the low value of the thing that was barely road legal.  You got the cash equivalent.  Them is the breaks.  That is par for the course.

If you haven't yet settled the accident claim you can complain to the insurance that you're experiencing whiplash syndrome- that's a feeling and experience, not a diagnosis with tangible proof. They usually allow a few hundred dollars per claim for mild whiplash. They call this nuisance money and they use it to discourage  claimants from escalating the claim needlessly. Minor whiplash can be common and also can heal shortly. It's up to you, if you want to try and get a higher settlement by suing the other party. That is often very complicated, and benefits doctors and lawyers more than victims. If your normal activities aren't seriously disrupted more than a day or two, don't waste time trying to turn it into a pot of gold. Don't go believing you can make this claim buy you a brand new car since insurance is limited to restoring your actual loss- an old car you've been using for quite a time.

a) CONTACT YOUR INSURANCE COMPANY FIRST and ask their advice. That's part of what you pay them for.

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b) The police don't determine fault, the insurance companies do. The police only determine if laws were broken. If you're basing your supposition that the other driver was at fault on a police report and your recorded conversation, she can easily deny it and the burden of proof will be on you.

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c) Plan on getting a lawyer, just in case.

Your recording of a PRIVATE conversation does NOTHING to help your case as they admitted nothing and in most states if the "at fault" driver was made aware of this recording because they saw this Yahoo post or someone sent it to them, they could sue you for millions.

You would have to see a doctor and prove you have whiplash to have a case and they can counter sue for your FEDERAL crime of "wiretapping" so in the end you will still owe THEM alot of money and possibly do prison time.

And yes, they will likely total your car.

You have to get medical treatment to be considered for payment for a whiplash.  You can't get anything by just saying you suffered a whiplash.

You should get "Fair market value" for your totaled car.  FMV is what other like cars, in like condition are selling for in your area at the time of the accident

The longer you wait to see a doctor and make your injury claim, the more likely the other driver and their insurance company are to ignore you. ("So sue me.") To get any halfway decent settlement for a "soft tissue injury" you will need a lawyer. They will just laugh at you otherwise.

Go to your Doctor immediately and get examined. If you have problems that were caused by the accident you then hire an attorney to handle your case. Don't contact the other driver or speak with their insurance company!

Seek medical attention and advice the insurer.

You say your car is old and so its value is low.  For the discussion let me just have a hypothetical stab in the dark of its value and say it is about $2,000. (to replace it.)  

If that is its value that is what the at fault drivers is responsible for..    You cant expect her insurer to pay you $3,000 for a vehicle worth $2,000.  

We have no idea how long it's been since the car accident.

If it's been more than a week or so, it's unlikely that they will accept a medical claim.

You will get the value of your car.  It will be enough to buy a similar car.  It will not be enough to buy a better car. 

- insurance is there to make you "whole".  Whole means you get what you had.

It is not there to make you better off.