What to do about injuries suffered in a car accident?
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What to do about injuries suffered in a car accident?
My car was rear-ended and deemed to be “totaled” by my car insurance company. I was hospitalized for a short time.I missed 2What work days due to a stiff neck. That is now healed. I also received a tel. call from an officer who was at the scene. He informed me that he had arrested the driver for DUI after I was transported to a hospital. This was at 8:30 am. I am considering a lawsuit. If you have referrals for low cost or free legal service, that would also be helpful.
Asked on May 4, 2012 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since your insurance company is handling your property damage claim, this means it is an uninsured motorist claim. Your property damage claim is separate from your personal injury claim.
Although you have had some medical treatment, you may need additional medical treatment such as physical therapy. When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim filed with your insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the insurance company, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault driver/registered owner of the vehicle (if someone other than the at-fault driver). If the case is NOT settled with the insurance company, your lawsuit against the at-fault driver/registered owner needs to be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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