WAS TBONED BY A GUY WITH INSURANCE. I HAD NO INSURANCE BUT DID RECIVE A STRAINED NECH, WHAT CAN I DO?

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WAS TBONED BY A GUY WITH INSURANCE. I HAD NO INSURANCE BUT DID RECIVE A STRAINED NECH, WHAT CAN I DO?

THE DRIVERS INSURANCE HAS ASSUMED BLAIM AND PROVIDED ME WITH A RENTAL, WHAT IS NEXT?

Asked on May 7, 2009 under Accident Law, Florida

Answers:

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It all depends on if your state is a "threshold" state.  That means that you have to pass a certain amount of physical pain and damages to be able to collect on a lawsuit for personal injuries. Certain states have limitations on what they consider "soft tissue" injuries and usually dismiss such cases even after a long period of litigation.  And many insurance carriers have "no pay" policies for "soft tissue" injuries when they are unaccompanied by more (like significant time off from work or change in the daily activities of living).

It looks like you've gotten the property damages under control.

But I'd be careful not to sign anything that would foreclose (stop) your ability to sue for personal injuries.  Check w a lawyer in your state.  They're probably free and will only get paid if you collect.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to create a daily log of any pictures/photos of bruises, how much pain you feel, where, when (what time of day), etc. You need to get estimates of damages to your car, you need to get dates of missed work, etc.

Then, you need to hire a lawyer to settle this case based on your vehicle damage and your pain and suffering (non-economic damages).  Try www.attorneypages.com or  the Florida state bar to locate a personal injury attorney.


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 AttorneyPages.com 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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