passenger in a taxi which ran a red light

#1 08-26-2001, 06:44 PM

I am in CA and was an unrestrained passenger in the back seat of a taxi. The driver ran a red light and hit a car coming from right. This happened on July 23, 2001. I had previously had back surgery to fix a herniated disc on April 18th, 2001. I filed a police report about pain in the lower back and upper neck and shoulder area. I had returned to work on June 13th, 2001 after being released by my neurosurgeon. I couldn't work the next day or two after the accident, and went to an ER for an exam. They said xrays wouldn't show anything and to wait 10 days to see if pain persists. I talked to my neurosurgeon and he said this is normal and to wait 10 to 12 days before seeking more attention. As of now the pain is on the opposite side of the original surgical area and down my neck and arm. I have no medical insurance and would like to get an MRI since this will be the way to see if any reinjury to the area or new injury will be seen. I asked the taxi insurance adjuster for policy info. to let them be billed for it since it is quite expensive. He says they don't carry that type of insurance, only for the cars, but to contact him when my treatment is over so we can settle. He also advised me to go to a chiropractor which I have been told not to do. My attorney says they can get the MRI on a lean which can be paid after settlement if any. Any suggestions of my options. I haven't been back to work due to this accident and am looking for all advice.

I AM ALWAYS LIABLE · #2 08-26-2001, 07:32 PM

My response:

You have an attorney. What "advice" could we possibly give you that your own attorney can't give you ?

My only "advice" would be for you to listen to, and follow the instructions of, your attorney.

I can tell you this: If your accident had occurred prior to 1975, and because you said you weren't wearing a seatbelt, you would have been in "deep poo-poo" with your case. Ask your attorney to give you a copy of the California landmark case of "Li v Yellow Cab Co." (1975) 13 Cal 3d 804, 119 Cal Rptr 858. This is the case that controls your claims, and the case that has allowed your attorney to take your claim. You need to say "Thank You" to the plaintiffs in "Li v Yellow Cab Co."

IAAL

wtd · #3 08-26-2001, 07:59 PM

Before you worry about paying for an MRI, you should probably spend some time finding a physician to order one.
You've already been seen by two physicians and neither one has even suggested it, much less ordered it.

wtd