California  |  Personal Injury

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12/14/11, 10:30 pm

Legal Question


My mom was hit from the back while sitting in traffic. Her Ford Escape (2010) was rendered undriveable from the accident site - the rear door was completely smashed in and the exhaust pipe was detached from the most of the car, attached only at the front of the car. The other party's car was also totaled. Both cars were towed. Immediately after the impact, my mom blacked out for a few minutes and the lady from the other car came around to check and make sure she was okay. The police were called and they took a statement from each of them once my mom recovered from the shock. Apparently, the other lady was distracted and when she realized that there was traffic ahead she went to hit her brakes, but stepped on her accelerator instead. Fast forward to the present: it has been two days since the accident and my mom's headaches have been getting worse. In addition, her face is a bit swollen, her eyes bloodshot, and the left side of her back is hurting. Because we cannot afford to see a doctor, the extent of her injuries is unknown. Her insurance with AAA does not include an injury policy and she does not have health insurance. The case manager of the other party's insurance company (State Farm) refuses to consider an injury claim unless my mom can prove that her injuries are due to the accident with a medical diagnosis. My mom's insurance is already covering the repair costs of her car under the collision policy. The other party's insurance company took two days to provide a rental car for my mom but they refuse to reimburse wage losses for the two days she was unable to go to work unless she can prove she was incapacitated for those two days by providing proof she was a hospital, which she was not and nevermind the fact that her only mode of getting to work was rendered incapacitated by their client's negligence. More than the wage losses, I'm really scared for my mom's health. She's too worried about the medical expenses to see a doctor, but her health is getting worse everyday. What should we do? If a legal action is advised, could you recommend a lawyer in the San Diego, CA area? Thank you.


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