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  1. #1
    stunned_driver is offline Junior Member
    Join Date
    Dec 2004
    Location
    Northern California
    Posts
    4

    Rear-End Accident- Will a lawsuit be necessary?

    What is the name of your state?What is the name of your state?California

    Last Friday Dec 17, I was stopped in a left-turn lane, waiting for the light to change. My turn signal was on, foot on brake (brake lights glowing). It was ~400 pm PDT, dry road, clear skies. I was struck directly by a motorist who did not move into the continuation lanes, drove straight into the turn lane. Estimated speed at impact 50 MPH. Police and paramedics called to scene, other driver not hurt, I have badly bruised left hand, and have gotten more sore in back and hips over the last few days. No question of fault, inattention by the other driver, cell phone use may have been a factor. The CHP did not want me to talk to the other driver, so I have little information about them. The design and build of my car (and also the other driver) saved me from more serious injuries - crumple zones, airbag, seat design.

    My car is totaled, it was 1999 Acura TL - So I lose, I know I can only get book value. Adds to my aggravation, because I really had no way to avoid this wreck (and did not contribute to it), yet I'm out the bucks.

    What happens on the injury side? Will their insurance company offer me a "lump sum", or only reimburse for doctor visits (2 so far)? Will I need to file an injury lawsuit to also get rental car reimbursement, lost wages (actually 2 days off of work using sick time or vacation) and related expenses? Is there any provision to address the aggravation factor? Needless to say my holiday plans were altered, I had to restrict activities for the last 3 days and cancel my travel plans?

    Thanks for your thoughts.
  2. #2
    seniorjudge Guest
    You need to add up in dollar amounts how much you have been damaged before you can decide what you want to settle for. (These should be your direct and consequential losses.)

    Be very careful speaking to the other guy's insurance company. Get a police report before you talk to anyone.

    In fact, now that I really think about it, talk to a lawyer before you talk to anyone else.

    I have no idea whether your case merits punitive damages or not.

    Ask a PI lawyer in your area.
  3. #3
    stunned_driver is offline Junior Member
    Join Date
    Dec 2004
    Location
    Northern California
    Posts
    4

    Next Steps - Injury Settlement

    California -
    The other driver's insurance just notified me they accept 100% liability - police report stated the other driver was at fault due to unsafe speed.
    The settlement for the total loss of my car is pretty good, above market value for the replacement with the exact model/year.
    Now they want to get a "recorded" statement from me about injuries suffered (which I have already done with my insurance 4 days after the crash) - it has been 3 weeks since the accident, so obviously I feel different.
    Do I have to give them a statement, or ask them to talk to my doctor, or just not give the statement without a lawyer on the call?

    Thanks
    Last edited by stunned_driver; 01-07-2005 at 09:46 PM. Reason: addt'l info
  4. #4
    teflon_jones is offline Senior Member
    Join Date
    Sep 2004
    Posts
    1,939
    Quote Originally Posted by stunned_driver
    California -
    Now they want to get a "recorded" statement from me about injuries suffered (which I have already done with my insurance 4 days after the crash) - it has been 3 weeks since the accident, so obviously I feel different.
    Do I have to give them a statement, or ask them to talk to my doctor, or just not give the statement without a lawyer on the call?

    Thanks
    Call your insurance company to ask them about this if you've already did one with them. They'll be able to give you good advice.

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