PDA

View Full Version : Legal Advice please...



Mixability
11-05-2005, 01:27 AM
I was involved in a car accident on Thursday evening. I was sideswiped by a Suburban. The other driver thought he was in the left most lane on a one way street. He didn't notice me on the left side of his vehicle. To people who know the area, I was trying to get on IH35 South from San Pedro in between the Cash America Express? and the Jack in the Box. He was in the middle lane, which would access IH10 West. His front end hit my front fender and since I was going about 30, it continued along my door. The police came, he was cited for not having a license. He was driving a Bee County College vehicle, so he was an out-of-towner. I didn't hear the story he told the officer, but he did apologize for hitting me as soon as we got out of our vehicles. I'm guessing based on the position of the damage on my car, the officer knew he was at fault. My insurance company asked me a bunch of questions about the damage. They went ahead and told me that more than likely it would be totaled out.

On to the legal part of this, I was asked by his passenger if I was alright, to which I replied "Yes". I also told the officer I wasn't hurt. But I am now starting to feel pain in my right lower back. Is this normal, to hurt a whole day later? If it is normal, should there be any problem with him stating that I told him I was alright? My co-worker has a friend that works at Maloney & Maloney that could help me out. Don't get me wrong, I'm not trying to take advantage of the guy, but I've been out of a car and since now it's totaled and I wasn't finished with payments, I'm stuck without a car in addition to my back pain. I'm sure "pain & suffering" would make up for that. Has anyone out there had the same situation?

Nbadan
11-05-2005, 01:37 AM
First step, If you have a doctor, go and see him/her and have them examine you immediately. Nothing wrong with documenting your 'injuries'. This case will really depend on who the officer finds at fault in the accident, he can also find the other driver at a percentage of fault and you at a percentage of fault, or he could find him totally at fault. Either way, the percentage of fault will determine which insurance company is responsible for covering your injuries.

Mixability
11-05-2005, 01:38 AM
First step, If you have a doctor, go and see him/her and have them examine you immediately. Nothing wrong with documenting your 'injuries'. This case will really depend on who the officer finds at fault in the accident, he can also find the other driver at a percentage of fault and you at a percentage of fault, or he could find him totally at fault. Either way, the percentage of fault will determine which insurance company is responsible for covering your injuries.

hopefully i described the accident well....
who would you consider at fault?

Nbadan
11-05-2005, 01:41 AM
Can't tell without the accident report. Usually takes a few days for the police to file the accident paperwork. Usually about two-three business days. You can then pick up a copy at the Police dept downtown.

However, the first step is going to see your doctor if your truely hurting. Without that, you got nothing.

PM5K
11-05-2005, 02:52 AM
Is this normal, to hurt a whole day later?

Of course it's normal, it happens all the time. People hurt themselves in sports and aren't in that much pain until the next day, you'll sometimes here people say something like: He'll feel that tomorrow.

Ever do a hard work-out, maybe weights or running and you feel fine that day but might experience some pain the next day?

Also factor in the adrenaline that was pumping when all of this excitement occured and that's also something to concider.

Mixability
11-05-2005, 03:04 AM
Of course it's normal, it happens all the time. People hurt themselves in sports and aren't in that much pain until the next day, you'll sometimes here people say something like: He'll feel that tomorrow.

Ever do a hard work-out, maybe weights or running and you feel fine that day but might experience some pain the next day?

Also factor in the adrenaline that was pumping when all of this excitement occured and that's also something to concider.

Yeah, I work out, but I've never been in an accident like this.