What to do if I got into a car accident on my way home from the dentist after taking precription medicine?

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What to do if I got into a car accident on my way home from the dentist after taking precription medicine?

I had taken a prescription medication which is prescribed to me for panic attacks to take if I’m having one or anticipate one. I took a pill ight before I drove to my appointment. After my visit, I crashed my car into a side of a mountain on a 2-lane highway (where I live) a truck crossed over the yellow line and I swerved to avoid hitiing it. I did hit my head.

Asked on February 5, 2013 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The truck was at fault in the accident.  You  have separate property damage and personal injury claims to file with the insurance carrier of the registered owner of the truck.  The property damage claim (cost of repairs to your vehicle) is usually resolved early in the case.  Notify the at-fault party's insurance carrier immediately that you were injured in the accident.

As for your personal injury claim, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items. 

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party and registered owner of the truck if the registered owner is someone other than the at-fault driver.  If the case is NOT settled with the insurance carrier, you must file your lawsuit for negligence against the at-fault party / registered owner of the truck prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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