Legal Question in Personal Injury in California
Lady ran into my moms car blowing through a stop sign.
My mom was coming up to an intersection that is shaped like a T, she was approaching the intersection from the right side going west bound. The lady in the other car is going north approaching a stop sign. The direction that my mom is travelling has no stop sign. As the other lady approaches the intersection, she starts to swerve a little to the left to enter the driveway that she was going to go into to pick her dog up from it's surgery. The other lady was not paying attention to what she was doing, she should not have been behind the wheel. My question is, does my mom have a good enough case to have her year and-a-half old car replaced? What about the pain in the upper portion of her neck? Should i tell her not to sign anything from the insurance company? I have pictures of where the cars hit, how far back my mom's car was pushed with the stop sign the lady ran included in the picture.
2 Answers from Attorneys
Re: Lady ran into my moms car blowing through a stop sign.
Your mom should not even be talking the insurance company let alone sign anything. I need additional information in order to determine what kind of damages your mother should be requesting for the accident. As far as the damage to the car if it can be fixed the insurance company is allowed to fix it or pay her the money to fix it. Your mother needs to speak with an attorney before she moves further. Once she settles the case she cannot go back and ask for money even if she discovers she was hurt after she signs the release. If she is in pain she should see a doctor immediately even if it is to confirm it is only muscle strain. Many people have found that a Chiropractor can help eliviate the pain and speed recover. Please feel free to email me with any further information you think may be helpful and I will try to determine what your mother should be asking for. My email is [email protected]. If you would like to leave your number I would be happy to call and speak with you and your mother regarding this incident. The consultation is free. I look forward to hearing from you. Feel free to review any of my previous responses. Many people who have visited this sight have been happy with my advice and services.
Sincerely,
John Hayes, Esq.
Re: Lady ran into my moms car blowing through a stop sign.
If I follow your description, it appears that the other car blew a stop sign. That would make the other driver (and possibly the owner of the car) responsible to your mother for the damage to her car and for her medical bills and pain and suffering. How long ago did the crash happen? Is there a police report? Are there any witnesses? If your mom is having any health effects she should see a doctor right away. Preferably her family doctor who can refer her to a specialist if needed. Did your mom have any previous injuries to her neck or back? Whether or not the insurance company has to replace or repair the car depends upon the value of the car and the amount of the damage. Under no circumstances should your mother sign any documents for any insurance company at this time, unless her doctor can give her a guarantee that her injuries will completely heal and that she will have no other injuries from this accident. Since I've never met a doctor who can make that type of guarantee. . . Please feel free to e-mail me at [email protected]. I will be glad to send you my phone # if you have other questions.
Alex