Legal Question in Personal Injury in California
My rights after being rear ended
A few days before thanksgiving last year I was rear ended in my brand new car. When I went to rent a car they only had one available; it was slightly larger than my car but certinaly not by much. The other driver's insurance company considered it a higher class car though and will only pay for a car within my class.
They are only offering my $500 for injuries as well. I don't believe I was that 'injured' but in the last week I have developed some severe lower back pain that I don't know the cause of. My Chiropractor (I just got him, never had back problems before) is unsure if the accident is the cause of my problems. All I know is that I'm in pain; lots of it. I'm an honest guy and don't want to blame the accident but have nothing else of significance that could have cause it. They have already sent me the $500 but I haven't cashed it or signed their waiver.
With no other car available, we took what was and kept it for the duration. They said we could have traded it when there was a car available for something in the proper class. This would have been a hassle but now we have one anyway.
What are my best options here? I don't want more than what it fair and I want to still be able to say I'm honest when this is done.
Thanks
5 Answers from Attorneys
Re: My rights after being rear ended
If you'd like to confer with an attorney on this matter at your residence, give me a ring.
Charley Rossman
Re: My rights after being rear ended
You likely need an attorney on this one. I would be happy to assist. Why did they send you $500? Did you verbally agree to settle for $500?
Re: My rights after being rear ended
You have very strong legal options here, so long as you do not cash the "settlement" check before reviewing them. If you would like a free phone consultation, contact us directly today.
Re: My rights after being rear ended
First, you should ask to speak to a supervisor about the rental car situation. Ask the rental car agency for a letter about why you ended up in a bigger car. That should be resolved pretty easily. If they wont resolve it, a letter to the person who hit you, with a copy of the invoice, will get their attention.
Second, they sent you the check in what we call a drop draft. They are hoping you will cash it to resolve the case. Do not cash it yet.
Third, you have a pretty good gap in treatment. This gap will cause the insurance company to deny your claim or make you go through the litigation process to resolve your case. I do not know where you are, but you should understand that the litigation process can take 2 to 4 years. This may be a bigger problem for you if the doctor is saying he does not know if it is related to the accident or not. With this type of opinion, you may not receive any compensation.
I would sit down with an attorney and review your options thoroughly, but understand, it may be in your best interest to resolve this quickly.
Re: My rights after being rear ended
Pretty much the other attorneys have provided you with good answers. At this point, attorney selection should come down to location. As such, choose the attorney who you feel would be the most convenient to serve your needs. I'm in Encino. If this is
works, then my number is 818.385.0520.
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