Involved in a car accident, the other person’s fault have neck and shoulder pain, vertabrate is out of place in my neck, have sought medical attention

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Involved in a car accident, the other person’s fault have neck and shoulder pain, vertabrate is out of place in my neck, have sought medical attention

Asked on April 26, 2009 under Accident Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

What's the question? Should you seek medical treatment? Of course!

What insurance will pay? IF you are also insured the med pay portion of your policy may cover the medical bills.

Is the car damaged? If you  have collision insurance your carrier will pay to have the car fixed, less the deductible.

After that the issue is fault. You say the other driver was at fault. Yet it's amazing how often that story changes and the other driver claims it was all or mostly or partly your fault. 

If you were not at all at fault, in all states you'd recover for the car damages, plus medical expenses and loss of income, assuming the other driver has insurance, of after you sue him assets.

Even if you were partially at fault, in most states you'd recover partial damages (proportionally to fault) for the costs and expenses to have it fixed.

To recover anything approaching fair value for pain and suffering, or a scar or loss of function normally requires that you retain a lawyer.


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