Legal Question in Personal Injury in California
Auto accident - Rear ended
My wife and I were in an automobile accident last October. I was struck while stopped in traffic by a vehicle traveling around 20MPH. There was around $8,000 damage to my vehicle.
I had a preexisting back injury that was worsened by this accident. I made the mistake of not visiting a doctor because even though the pain was worse than before the accident it was less pain that when the original injury occurred. During my original injury my doctor told me there was nothing to do other than wait it out.
This March (5 months after accident) I began to see a chiropractor - when I submitted my bills to the insurance company they refused to pay the bills.
This seems very unfair and unreasonable since I incurred damage (injury, stress, and loss of time) as a result of this accident - even if I did not see a doctor immediately I feel my reasoning is reasonable. Certainly I did learn that the first thing to do after an accident is contact a doctor and lawyer.
How can I get to a point where I can settle with the insurance company, and how do I value this case?
4 Answers from Attorneys
Re: Auto accident - Rear ended
You should get $8k for the car. Unfortunately, defense lawyers will look at the delay in treatment and attribute your injury to your previous accident. Do the best you can in making a claim against the other party. You can go to small claims court if no lawyer wants to handle your case.
Re: Auto accident - Rear ended
You should make an appointment with a local personal injury attorney. collect the repair bills, and information regarding your medical treatment and the pre-existing injury. You have a better chance of hiring an attorney in person. In Small claims court you will be limited to$7,500 for your damages, which may be enough.
Re: Auto accident - Rear ended
Your delay is going to be an issue. They will keep arguing that if you were injured as a result of THIS accident, you would have sought medical treatment sooner. Since you did not, they will make you either retain an attorney and file a lawsuit or sue in small claims court.
I think small claims court may be your best bet. A jury would probably agree with the insurance company due to the length of your delay. If you decide to go through small claims court, you can email me at [email protected] for my free e-book on small claims court.
Re: Auto accident - Rear ended
The other attorneys have addressed some of my concerns, if I can help you, I do make house calls at no charge.
Charley
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