Short answer: Yes, definitely get a lawyer.
Ugh, I am so sorry you’re dealing with this. I went through something almost identical a few years ago with a commercial van, and I can tell you from experience: stop talking to their insurance adjuster immediately. Those early "lowball" offers are a classic tactic. They know that if you're stressed and your car is gone, a few thousand dollars looks like a quick fix. But if your car is totaled and your back is acting up, a couple thousand bucks won't even cover the initial medical scans, let alone the long-term physical therapy you might end up needing.
Why delivery company cases are a different beast
Dealing with a local delivery company is way more complicated than a standard fender-bender with another neighbor. These companies usually have much larger insurance policies, but they also have aggressive legal teams whose entire job is to minimize payouts. Since you're experiencing back pain, you really shouldn't try to DIY this. Back injuries can be "creepers"—you might feel stiff now, but six months down the line, you could realize you have a herniated disc, and if you've already signed a settlement, you're stuck paying those medical bills out of pocket.
But what about the lawyer fees?
I was worried about the fees too, but almost all personal injury lawyers work on a contingency basis. This means they don’t get a dime unless you win. Usually, they take about 33%, but in my case, my lawyer was able to get a settlement nearly five times higher than what the insurance company first offered me. Even after their cut, I walked away with significantly more than I would have gotten on my own, and they handled all the annoying paperwork.
A few things you should do right now:
- See a doctor specifically for your back: Go to a specialist or a physical therapist, not just a quick clinic visit. You need a solid paper trail of your injuries to prove they weren't pre-existing.
- Save every scrap of evidence: Photos of your car, the delivery van's logo, the police report, and even notes on how your back pain is affecting your daily life.
- Don't give a recorded statement: The insurance company will try to trip you up or get you to say you "feel fine." You aren't obligated to talk to them right now.
Most injury lawyers offer a free consultation. It’s worth sitting down with one just to see what they think your case is actually worth. Don't let that insurance company bully you into a cheap settlement when you’re the one stuck with a totaled car and a bad back!