QUESTION
Do I have a case and file a claim against the other party from a car accident?
Asked on Nov 01st, 2013 on Automobile Accidents - California
More details to this question:
I was rear ended on 10/20/13 I was stuck in traffic going about 5 mph driving a mini van and the other party was driving a 4 door Honda car said he was "sneezing" my mini van was totaled $13000 work of damages airbags deployed, I did go to the hospital the same day (I was a little dizzy and throwing up) but not by ambulance. I am currently seeing a chiropractor pain in both shoulders left arm neck and legs. I have not returned to work as of yet. Do I have a really good case?
13 ANSWERS
Edwin K. Niles
Yes, you do. This sort of injury can hang on for quite a while. You should see a P.I. lawyer ASAP.
Answered on Nov 05th, 2013 at 3:29 PM
It sound like you have a good case since you were rear ended and that means that the other driver was at fault 99% of the time. So you have established liability. Now you need to prove your damages, which should be easy with the vehicle repairs, medical bills and lost wages.
Answered on Nov 05th, 2013 at 3:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not give many facts but it sounds like you have a case of liability. Question is: what are your injuries? If you are really hurt (does not sound like it) you want to get the proper medical care. That may be chiro but if you are hurt bad, maybe not. See a good lawyer for help.
Answered on Nov 05th, 2013 at 3:28 PM
James Eugene Hasser
It sounds to me like the other party is liable, but I'm not sure about your damages, though. You should probably consult an experienced personal injury lawyer. Good luck.
Answered on Nov 05th, 2013 at 3:28 PM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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You need to see a lawyer right away. Your case appears to be good but the value of the case depends on the injuries you can prove. The choice of doctors that treat you is crucial as well in litigation case. Over the last 34 years as a personal injury lawyer, doing hundreds of similar cases, I have seen good cases get destroyed by errors made early on in the case.
Answered on Nov 05th, 2013 at 3:27 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If the defendant had insurance on his car, you have a good case. If he did not have insurance, then if you had PIP coverage on your car the first $10,000 of your medical and work loss will be covered. If your damages exceed $10,000 and the defendant did not have insurance, but you had "uninsured or under insured coverage on your car, you can get compensation from your own insurance company.
Answered on Nov 05th, 2013 at 3:25 PM
1 Award
Yes, you probably have a good case. The amount of the recovery will depend on how well, or how badly, you heal from your injuries. You should probably hire a personal injury lawyer to help you with your claim. Otherwise, the other driver's insurance company may take advantage of you.
Answered on Nov 05th, 2013 at 3:24 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It sounds like a good case in as much a the other party is probably liable. It sounds as though your injury is relatively minor, and therefor, I would not expect a large settlement.
Answered on Nov 05th, 2013 at 3:24 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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You likely have a case but I cannot determine how good it is without knowing more.
Answered on Nov 05th, 2013 at 3:24 PM
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Based on the information provided you should hire an attorney to pursue the case. Depending on the insurer, they may defend the case saying it was unavoidable due to the sneeze. A knowledgeable injury attorney will know how to Mai ice your compensation and deal with that defense.
Answered on Nov 05th, 2013 at 3:23 PM
Ronald A. Steinberg
You are kidding, of course. Liability is good, but what is it worth? Big cases have big injuries. So far, you have a very minor concussion and some soft tissue injuries. You won't retire on this one.
Answered on Nov 05th, 2013 at 3:23 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you will collect your wage loss, medical bills and replacement services from your own vehicle insurer. As to any pain & suffering case against the at fault driver, you will need to show that your injuries have reached the "threshold" of a serious impairment of a body function by competent medical testing and testimony (typically insurers will not find the testimony of a chiropractor, alone, to be sufficient proof on which they would make an offer to settle the 3rd party case).
Answered on Nov 05th, 2013 at 3:22 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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"sneezing" defense will not work well.You still have a valid claim if the other driver is negligent in not keeping a proper look out.
Answered on Nov 02nd, 2013 at 5:06 AM