What to do about injuries that I sustained in a car accident while a passenger?

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What to do about injuries that I sustained in a car accident while a passenger?

The driver thought a car was going to go into the lane we were in. It was a three lane road. We were in the far right, no one was in the middle lane, and a car proceeded to go into that lane from the far left lane. At which time the driver of the car I was in slammed on the brakes. My seat belt engaged and my neck jerked forward and and backward. I sustained a whiplash injury. This occurred a month ago and have been to doctors and I am scheduled for an MRI this week and the following week I am to start P.T. for 6 weeks. She had no reason to hit the brakes. I am in severe pain and she does not think I am hurt.Can I sue her for my medical costs?

Asked on May 27, 2013 under Personal Injury, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a lot to consider and technicall you can and should file a claim with her insurance company but if she was being a defensive driver, then she is really not at fault. While you were a passenger, she was driiving and was reacting to avoid an accident (at least that is what she will probably state). If the insurance company will cover your expenses even if she is not at fault, then you should have no problem recovering your medical costs but in terms of your pain and suffering, it may be minimal depending on the results of the MRI.


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