Legal Question in Personal Injury in California

Rear End Collisions

I was in a rear-end car accident on an extremely busy freeway. I was beginning to come to a stop because it was rush hour traffic. I was going approx. 25-30 mph and just about fully stopped behind a small truck when I was rear-ended by another car. I was sandwiched in between the truck in front and the car behind me. I am not sure how fast the person behind me was going but the hit was pretty hard and made my car go underneath the truck in front of me.

The airbag of the person's car who hit me came out and she blacked out because of it. This makes me think she was going pretty fast.

Both of the drivers, the one who hit me and the one I hit went to the hospital for suspected neck and back injuries. I did not go in because I did not feel any pain, just really shook up and scared. However, about an hour after the accident, I went to the doctor to get checked out because I was beginning to have pain in my upper back and neck. I was wearing my seatbelt and my airbag did not deploy on impact. I had some pulled muscles from being thrown around when I got hit, but that's it- nothing major.

What kind of case do I have? I don't want to sue anyone at this point, I just want to get my car fixed and get back to normal.


Asked on 1/17/01, 10:23 pm

7 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Rear End Collisions

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury law.

As to what kind of case you have, it would seem to be a meritorious case as to the liability. The driver that hit you would clearly be at fault. As to the property damage aspect of your case, you would be entitled to have your car fixed and compensation for a reasonable rental car.

As to your bodily injury claim, if you only need minimal medical care, you can try to resolve this informally with the other driver's insurance. If some problem arises, you can always go to small claims court. If your injuries turn out to be more severe and your medical care increases, it may be necessary to hire a personal injury attorney.

If you are in the Orange County area, I would be glad to provide you with an additional consultation at no charge.

Sincerely,

SAM M. EAGLE

ATTORNEY AT LAW

10101 SLATER AVENUE #218

FOUNTAIN VALLEY, CA 92708

PHONE: 714- 963-5123

FAX: 714- 964-9993

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Answered on 2/04/01, 5:02 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Rear End Collisions

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury.

As to what kind of case you have, it would seem to be a meritorious case as to the liability. The driver that hit you would clearly be at fault. As to the property damage aspect of your case, you would be entitled to have your car fixed and compensation for a reasonable rental car.

As to your bodily injury claim, if you only need minimal medical care, you can try to resolve this informally with the other driver's insurance. If some problem arises, you can always to to Small Claims Court. If your injuries turn out to be more severe and your medical care increases, it may be necessary to hire a personal injury attorney.

If you are in the Orange County area, I would be glad to provide you with an additional consultation at no charge.

Sincerely,

SAM M. EAGLE, ATTORNEY AT LAW, 10101 SLATER AVE., SUITE #218, FOUNTAIN VALLEY, CA 92708 PHONE: (714) 963-5123 FAX: (714) 964-9993

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Answered on 2/04/01, 5:11 pm
Jeffrey Zinder Zinder & Koch

Re: Rear End Collisions

You have an excellent case, as the car behind you is fully responsible for your damages and the damages to the car in front of you. It is very refreshing to read your question as you seem very reasonable.

Within 10 days of the accident you needed to file a report with the DMV. Within one year you must have either resolved your personal injury claim or filed suit and within 3 years the same holds true for your property damages.

If you have your own insurance and if the person who hits you does or does not have insurance will determine the way that you should attempt to settle your claims. Any attorney will need to meet with you and review all of your damages to determine the reasonable value of your claim and most importantly your physical condition must be stable or hopefully returned to being fully normal.

If you would like further help you may call me at 818-760-0100 or contact through e-mail at [email protected].

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Answered on 1/18/01, 10:28 am
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Rear End Collisions

Hello,

You have a great case. Do NOT speak to the other parties' insurance companies. If you are hurt, get good medical attention. Where are you located? When did the accident happen? Is there a police report? Who is your insurance company? Have you told them yet?

I practice in California and Indiana. I have associates in both states. I think we can help you. I have been an insurance lawyer for over 16 years and I know all the tricks they play. I would be happy to help you.

Best regards,

Dr. Michael D. Cortson

attorney at law

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Answered on 1/18/01, 10:31 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Rear End Collisions

Don't be surprised if you start to become very sore in a few days with limited motion. Whiplash symptoms have a gradual ontset. Getting your car fixed is a priority, however, you are also going to need medical treatment. If you are in the San Diego area I would refer you to doctors who would treat you with on a lien basis, i.e., they will get paid at the end of the case, just as I would. Liability is not an issue only damages. Therefore, you want to be sure that you are compensated for getting you car fixed properly,lost wages, lost of use of your automobile, and, for the pain and suffering you will endure over the next year for this accident. Please contact me directly at 619 222-3504.

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Answered on 1/18/01, 10:53 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Rear End Collisions

Don't be surprised if you start to become very sore in a few days with limited motion. Whiplash symptoms have a gradual ontset. Getting your car fixed is a priority, however, you are also going to need medical treatment. If you are in the San Diego area I would refer you to doctors who would treat you on a lien basis, i.e., they will get paid at the end of the case, just as I would. Liability is not an issue only damages. Therefore, you want to be sure that you are compensated for getting you car fixed properly,lost wages, lost of use of your automobile, and, for the pain and suffering you will endure over the next year for this accident. Please contact me directly at 619 222-3504.

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Answered on 1/18/01, 10:54 am
John Bisnar Bisnar & Chase, LLP

Re: Rear End Collisions

You have a civil claim for personal injury and property damages. Personal injury includes medical expenses (past and future), lost time from work or ability to work (past and future), pain, suffering, the value of any long term disability and loss of enjoyment of life. Property damages include the cost to repair your vehicle and replacement transportation. If your car is a total loss (usually when repairs exceed 75% of FMV) you are entitled to the fair market replacement value, prorata share of unexpired registration fees and sales tax.

You are required to notify the DMV of an accident within 10 days. If a governmental agency was involved in causation, a formal claim must be made with that agency within six months of the accident. Your personal injury claim must be resolved or a lawsuit properly filed within one year of the accident.

Consult an attorney before you speak to the insurance company for the other parties. Don't be fooled. Any thing you say WILL be used against you. Insurance adjusters are in the business of defeating your claim. Would you play one-on-one basketball with Kobe Bryant for money? Don't go one-on-one with an insurance adjuster.

In 1974 I was in an accident that I didn't think was any big deal. I thought my slight pains would go away. A couple years after my accident when the pains didn't go away, doctors told me it was from my auto accident, that it would get worse over time and that if I had received proper medical attention immediately after the accident I had an excellent chance of not having these problems. I now have six disc buldges from that auto accident that give me difficulties and pain regularly.

I suggest getting checked out by a medical professional that is experienced in auto accidents. Consult with a law firm that specializes in personal injury. Get professionals that you are comfortable with and who you TRUST.

When looking for a doctor and attorney, get specialists, experienced in auto accidents. Why get a none specialist when the specialist is the same cost. Koby Bryant is a great athlete but I would not bet on him in a golf game against Tiger Woods. Get a great doctor and attorney who specialize in personal injury and have done thousands of auto cases.

Many of the better doctors that you want will treat you now and wait to get paid from the insurance companies or after the case is concluded.

The best law firms will provide you a free consultation, no fee until they recover for you, they will advance all costs, and the very best will not charge you the costs if they don't win for you.

My firm's service are available to you for consultation and representation. And yes, of course, my law firm falls into the catagory of "the very best".

John Bisnar, Senior Partner, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].

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Answered on 1/18/01, 1:25 pm


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