QUESTION
Do I have a valid case if I was hit by a big rig who admitted fault?
Asked on Sep 01st, 2013 on Personal Injury - Louisiana
More details to this question:
I was leaving a gas station and pulled into the turning lane behind a freight truck. I kept safe distance however the truck began to back up. I tried to put my own car in reverse however there was a car behind me I didn't want to hit. I had no option but to just sit here, blow my horn and wait for the truck to plow into my car. I don't believe I have any injuries however it is hard to really tell since my shoulder and neck have always bothered me. I have noticed that it seems to bother me even more lately. I don't want to waste my time with an emergency room visit if it goes away in just a couple days. It has been 4 days since the accident and I have had no contact with the freight company or their insurance company unless I call them. They told me they would be in contact with me but still haven't. I haven't even been able to get a rental car due to the fact I don't want to make a claim with my insurance company which would make my rates go up. I am stressing trying to find a way to work. Do I have a valid case against them?
8 ANSWERS
Ronald A. Steinberg
First of all, I recommend that you go to the doctor or to an ER. You have no idea whether or not the pain will subside or get worse. If you wait, then when you make a claim they will say that the injuries have nothing to do with the accident due to the gap in treatment. Secondly, the truck is responsible for the damage to your car. Why should you have to pay any money for repairs?
Answered on Sep 04th, 2013 at 1:48 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you make a collision/property damage claim against your own collision coverage, not the striking vehicle. In order to make a successful claim for pain & suffering, you must prove you suffered a serious impairment of body function that impairs your ability to live your normal, pre-crash lifestyle. From the facts you recite, it would appear that you would have a difficult time proving a sibf.
Answered on Sep 03rd, 2013 at 7:12 PM
James Eugene Hasser
Quit stressing and make a collision claim with your insurance if you can't get the rig's insurance to cover it. Let your insurance company worry about getting their money back. If you are really hurt, you need to go to the Dr. and find out what's wrong. If you have additional damage over and above your pre-existing conditions, you will have an injury claim for aggravation of a pre-existing condition. You will need to make a claim for that as well with the rig's insurance company. If you get no satisfaction, seek the advice of a personal injury lawyer.
Answered on Sep 03rd, 2013 at 5:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a case of liability. Whether you are hurt physically probably not. you see the real issue is always personal injury and it has nothing to do with what might be. this question is: were you hurt? if you were you need to be in a neuros office or a chiro office or an ortho office and the dr need to say that you were injured as a result. He may not so find and he may not so say and if he does not you are wasting your time.
Answered on Sep 03rd, 2013 at 2:18 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes. They are responsible for the damage to your car and should provide a rental while our car is repaired. They are responsible for any injury caused by the accident if you ere injured.
Answered on Sep 03rd, 2013 at 1:40 PM
Thomas Edward Gates
You are making some BIG mistakes. You should have gone to the ER to be checked out. Now, after the fact, you are claiming injuries. The problem you created is that, since you have preexisting injuries, the insurance company will not take responsibility for the "new" injuries. Your rates do not go up when someone else causes the accident since your insurance company would be refunded all of their payout. You can also get a rental if you had report the accident. Since you do not have an insurance company or attorney working for you, you will get the run around and will not get what you are due from the accident.
Answered on Sep 03rd, 2013 at 1:39 PM
Long Term Disability Attorney serving Pensacola, FL
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Ortiz Law Firm
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Yes. You have a valid claim. Having pre-existing conditions does not mean that you cannot make a claim. You are just limited to the extent of the exacerbation. In other words, you have a claim for being worse than you were before the accident. As for delaying treatment, you must treat within 14 days of the accident or your own insurance company will not pay for a percentage of your medical bills under your Personal Injury Protection (PIP). You can also ask for the truck company's insurance to pay for a rental car.
Answered on Sep 03rd, 2013 at 1:27 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Yes. I would report accident to your insurance company; tell them about your injuries and go to ER and get checked out. Do not settle your case too soon before you are sure you have recovered from crash.
Answered on Sep 03rd, 2013 at 12:23 PM