I was in the middle of a multiple car pile up at high speed. I want to file a claim against the person who hit my rear end. What are might rights?

Question Details:

His insurance company has offered to pay for my medical expenses, towing and some money for inconveniences caused. They have now cut the offer in half as I declined wanting to sign the release form. To preserve my rights I would like to file a claim and to at least get all medical expenses paid. I have 4 disc issues in my back which are recorded in an MRI. I understand it is hard to prove that this is all from the rear end collision but still I do have daily issues with headaches and backaches now. What are my options in a small claim court?

Asked 10/12/2009 under Auto Accidents | 303 View(s) | More Legal Topics

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Auto Accidents Law Answers

Marilyn Thomassen / Thomassen & Associates Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I agree with all of the above answers; you should protect your case and hire an attorney who will make sure you get all the medical treatment you need before you even think of settling the case.

Melvin C. Belli / The Belli Law Firm Answered 2 years ago | Contributor

First you have two years to file a lawsuit against those responsible for causing the collision. Next for purposes of resolving the claim with an insurance company who does the police report say is at fault. If it’s the guy that hit you should have no problems if it is more complex then you need to consult an experienced personal injury attorney like ourselves to help figure out who is really at fault. By the way the findings in the police report are not admissible court, but commonly used to evaluate and settle claims.

As for your injuries if you have disk issues then your claim could be worth substantially more than the small claims limit of $5,000. As for proving your injuries were caused by the collision it depends on a lot of factors which is another reason why you should consult an experienced personal injury attorney like ourselves to figure out what can be done for you. Our initial consultations are free so it won't cost you anything to discuss the matter with us and if we agree to take your case it still won't cost you anything until we get you a recovery.

So don't cheat yourself out of adequate compensation for your pain and suffering call us or any other qualified personal injury lawyer today.

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