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Rear ended, no car damage but back is injured

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Gerlad

Junior Member
What is the name of your state (only U.S. law)? California
I was rear ended last Friday while stopped in traffic. Although there was no damage to either car, the heavy jolt caused pain to my mid back. I was driving my small Honda and the other car was new much larger Honda. Shortly after the hit, the pain spread up my back to my neck. The next day my back was very sore so I called a few attorneys. They all said I don’t have a case because there was no property damage. I don’t have any medical insurance and I can’t afford a doctor because I’m unemployed at the time. Is my only option small claims court and would I need to see a doctor to have any chance of getting compensation for pain and suffering?
 


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ecmst12

Senior Member
You can't claim anything until after you've seen a doctor and paid the bills. Then you can file a claim for reimbursement.
 
justalayman

justalayman

Senior Member
Gerlad said:
What is the name of your state (only U.S. law)? California
I was rear ended last Friday while stopped in traffic. Although there was no damage to either car, the heavy jolt caused pain to my mid back. I was driving my small Honda and the other car was new much larger Honda. Shortly after the hit, the pain spread up my back to my neck. The next day my back was very sore so I called a few attorneys. They all said I don’t have a case because there was no property damage. I don’t have any medical insurance and I can’t afford a doctor because I’m unemployed at the time. Is my only option small claims court and would I need to see a doctor to have any chance of getting compensation for pain and suffering?
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The good news: I can 100% assure you that the lawyers are not correct.*

The bad news: until you can quantify your damages, you cannot make a claim from the at fault party, or at least any claim that would be winnable in court.

*no vehicle damage will be argued to show that there couldn't have been any injury to you. That is simply not a correct argument though.
 
Zigner

Zigner

Senior Member, Non-Attorney
I'll betcha that the attorneys said s/he didn't have a good case or didn't have a case they'd be willing to accept.
 
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