What is the name of your state (only U.S. law)? CA
I was stopped in traffic in my little Honda s2000 when a much larger 2011 Honda hit me in the rear. It was a pretty strong jolt and I immediately felt pain in mid back. I was surprised there was only a small scratch as she hit me good going apx.10 to 15 mph. Luckily I was far enough back and did not rear end the car in front.
I went to a low cost urgent clinic and they verified the injury. Mainly a back sprang with back spasms. I had a lot of pain for around 3 1/2 weeks. I sent her drivers insurance (state farm) a letter asking for medical bills, pain and suffering, loss of work and car damage repair all totaling around 7,200
I brought the car in for inspection and a few days later they sent me a check for around $360 for the car repair but they refuse to pay for the anything else. They claim because the damage was minor I could not of been injured. no matter what the medical doctor says.
I explained that my car is very small and has no back seat so the impact to my body is greater. Also I do have pre-existing back problems from a work injury. They said go ahead and sue you won’t win.
Since I didn't have collision insurance, my insurance won't help so I will be filing a small claims suit against the driver. Since they sent me a check for the car damages should I go ahead and cash it and only sue for medical, pain and suffering and lost wages or should I not cash it and sue for the whole amount. In other words does cashing the check end my claim? Also any advice on proving my case. Thanks…..Garence
I was stopped in traffic in my little Honda s2000 when a much larger 2011 Honda hit me in the rear. It was a pretty strong jolt and I immediately felt pain in mid back. I was surprised there was only a small scratch as she hit me good going apx.10 to 15 mph. Luckily I was far enough back and did not rear end the car in front.
I went to a low cost urgent clinic and they verified the injury. Mainly a back sprang with back spasms. I had a lot of pain for around 3 1/2 weeks. I sent her drivers insurance (state farm) a letter asking for medical bills, pain and suffering, loss of work and car damage repair all totaling around 7,200
I brought the car in for inspection and a few days later they sent me a check for around $360 for the car repair but they refuse to pay for the anything else. They claim because the damage was minor I could not of been injured. no matter what the medical doctor says.
I explained that my car is very small and has no back seat so the impact to my body is greater. Also I do have pre-existing back problems from a work injury. They said go ahead and sue you won’t win.
Since I didn't have collision insurance, my insurance won't help so I will be filing a small claims suit against the driver. Since they sent me a check for the car damages should I go ahead and cash it and only sue for medical, pain and suffering and lost wages or should I not cash it and sue for the whole amount. In other words does cashing the check end my claim? Also any advice on proving my case. Thanks…..Garence