If it turns out I am injured as a result of an auto accident but did call the police, do I have a case?

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If it turns out I am injured as a result of an auto accident but did call the police, do I have a case?

I was rear-ended and at the time I did not think I was injured. Went to get checked out and it turns out I had a few misaligned vertebrae and muscle damage. The other insurance company was saying that due to the damage done to my car they are classifying the accident as minor and won’t pay for the several weeks of treatment I will need. Can I still file a poloce report and do I still have a case if I get legal aid?

Asked on March 16, 2016 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

You can file a police report.  You can be represented by Legal Aid, but that isn't necessary because you can retain a personal injury attorney who is paid a percentage of the amount recovered in the case.
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 wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include those 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 and/or they continue their current refusal to compensate you for your injury, file a lawsuit for negligence against the at-fault party.
If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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