Injuries after car accident

UPDATED: Sep 30, 2022

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Injuries after car accident

I was rear-ended 2 weeks ago and I have been in constant pain every since and go to my doctor weekly. I was perfectly fine before the car accident but after I got hit I suddenly had neck and back pain from the accident. I left the accident by ambulance to the hospital. I just got the police report and it stated that my

injuries were not consistent with the accident. I talked to the police for maybe 30 seconds before I went to the hospital. The driver that hit me his insurance doesn’t want to pay the medical bills because of what the police officer put in the report. What do I do?

Asked on September 13, 2016 under Accident Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The police report is evidence, no more and no less--it is not a binding legal determination. You can sue the at-fault driver (and a driver who rear-ends you is almost always at fault, since he or she is expected to maintain a safe following distance and speed) for your injuries  and property damage (such as to your car), plus any other losses or costs you incurred directly attributable to the accident, like lost wages, if any (you sue the driver who hurt you, not their insurer; their insurer may step in to defend and/or pay for them, but that is between them and their insurer). If you can prove that the accident caused your injuries, such as with credible medical evidence (e.g. doctor's reports and testimony), you can recover compensation. The other side may introduce the police report to support their position, but it should be fairly easy to minimize or discount in trial: the officer is not a trained doctor, did not examine you, did not conduct tests or X-rays, only spoke to you for a minute or less, etc, all of which substantially undercuts its value and reliability.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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