Legal Question in Personal Injury in California

Rear-ender

I was rear-ended at a high speed that caused considerable damage to my car and lost the use of my car for close to five weeks now. I guess this is what bothers me the most. My chiropractor informs me that I have suffered a �classic case of whiplash�. Sure there was some serious pain the day after the accident and for the next several days. I am still under his care and to date, haven�t made much progress. His next step is X-rays and I hope, because I am a career military officer, that the results are �negative�.

My questions are, since the other guy�s insurance company already accepted liability, what exactly am I entitled to? Do I get reimbursed for my car payment I made last month for a car I didn�t get to drive? What about the depreciation to my car now that it has this �black eye� since being involved in this accident?

I know lawyers are there to help in matters like this and work on a contingency basis, but can I settle this with the insurance company myself? At what point does the one-year mark for filing a suit begin, from the time of the accident or from the time that I am medically cleared by my doctor?


Asked on 5/06/03, 3:55 pm

6 Answers from Attorneys

Jason Hsu Una Law Corporation

Re: Rear-ender

From what you have stated so far, an attorney could most likely assist you with obtaining a better recovery. If you do decide to obtain legal representation, you should not discuss any matters further with the insurance carrier as that could negatively affect your claim.

We can likely assist you with your case and answer any questions you may have; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the northern or southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.

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Answered on 5/09/03, 6:48 pm
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Rear-ender

First and foremost, your one-year statute of limitations begins to run from the date of the accident.

You are entitled to recover the cost of the medical care (past and future), your property damage, lost wages (and/or diminished earning capacity) and general damages for pain and suffering. A full analysis by an attorney is required before you can determine the real value.

In today's insurance industry climate, I can virtually assure you that you will not get fair value on your claim without an attorney.

You should enlist the support of a personal injury attorney immediately to protect your rights. My office handles these matters, and we would be happy to provide you with a free consultation.

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Answered on 5/08/03, 3:16 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Rear-ender

It is hard to say. You are entitled to have your car repaired, but to be compensated for the loss of value from the accident. You are also entitled to pain and suffering. Need to know amount of medical bills. You really should get an attorney. You will come out ahead.

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Answered on 5/08/03, 4:25 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Rear-ender

Thank you for your posted inquiry.

To answer your questions most directly:

1. You are entitled to receive the reasonable value of your losses, including losses to your property (your vehicle), compensation for past, present and future medical expenses, pain and suffering, and any lost work/wages, or other expenses, such as medication.

2. You can settle this yourself. You can also treat yourself medically, but you will get better results with a professional handling your matter.

3. The one year statute of limitations runs from the date of injury, i.e., the date of the accident.

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.

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Answered on 5/08/03, 7:19 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Rear-ender

Sorry to hear about your accident.

The responses you received from my colleagues as to recovering your damages are right on, so I won't comment. However, if your accident happened on or after 1/1/2003, then the statute of limitation is 2 years from the date of the accident, not 1 year. So take your time and heal first before you settle bodily injury portion of your claim.

California Code of Civil Procedure Section 335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Let me know if I can be of assistance (323)780-0099.

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Answered on 5/08/03, 8:30 pm
Terry A. Nelson Nelson & Lawless

Re: Rear-ender

Sure, you can settle it yourself, but will probably recover less net than if you had an attorney. Otherwise, why do you think attorneys are still in business doing PI ? Plus, you need to deal with getting PROPER medical treatment from qualified doctors, that your attorney can help you do. If interested, contact me to discuss your facts.

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Answered on 5/08/03, 8:59 pm


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