Got into a car accident, other drivers fault w/ possible DUI. Neck stiffness, what actions to take next?

Asked 9 months ago - San Diego, CA

Driving on a street when a SUV came flying out an alley and hit the front end of my car. My car is totaled. Her car flipped on her side and once she got out, she tried to flee the scene on foot. Police came, took a report and took her away in a ambulance. I overheard a police telling another police, he smelt alcohol on her, although when I asked, he wouldn't confirm. I wasn't able to talk to her due to her fleeing and being escorted away in an ambulance right after. Police gave me her license information but that's all he could find. No proof of insurance, couldn't ask her because she's no longer at the scene. This happened last night, now I awake with neck stiffness. What do I do now? Wait for my insurance to handle it? Go see a chiropractor about my striffness? Will that be covered?

Attorney answers (18)

  1. Roger Stone Reynolds

    Pro

    Contributor Level 12

    29

    Lawyers agree

    Answered . See a personal injury attorney immediately. He or she can refer you to excellent care. If you have a primary care physician, try to get into see the doctor. Check you auto insurance policy for uninsured motorist coverage in case this person is uninsured. Good luck.

  2. Robert Bruce Kopelson

    Contributor Level 20

    27

    Lawyers agree

    Answered . Get a lawyer asap. Sounds like a good case. Don't screw it up. Go to a medical doctor and get a reputable lawyer before going to a chiro.

  3. Gabriel Dante Mazzitelli

    Contributor Level 13

    28

    Lawyers agree

    Answered . Contact a a personal injury atty in you're area asap. Theyll be able to guide you through the process. Make sure you go to a doctor to document your injuries. Best of luck.

    The information provided is for general informational purposes only and is not intended to be legal advice. No... more
  4. Louis Samuel Abronson

    Pro

    Contributor Level 10

    26

    Lawyers agree

    Answered . Contact a personal injury attorney to discuss your case right away. Avvo's lawyer finder provides an excellent way to find one. They should help you determine whether the person who hit you is insured, whether you may have some coverage under your own insurance, and how to obtain medical treatment if you have no health insurance.

  5. David Herman Hirsch

    Contributor Level 20

    25

    Lawyers agree

    Answered . Get the medical treatment you need. You need to consult with a personal injury attorney to assist you who can investigate and help you pursue your claim against the other driver. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  6. Howard C Williams

    Contributor Level 9

    25

    Lawyers agree

    Answered . contact a personal injury attorney quickly. There are many in san diego to choose from.

  7. Christopher John Gansen

    Pro

    Contributor Level 18

    24

    Lawyers agree

    Answered . Get a PI attorney, who will point you in the right direction.

  8. Maryam Parman

    Pro

    Contributor Level 15

    23

    Lawyers agree

    Answered . If you are injured, seek medical attention immediately. File a claim with your insurance company and find out whether you carry uninsured motorist or medical payment on your policy. The driver of the SUV may be uninsured. Request a copy of the police report and contact a reputable personal injury attorney. The first consultation is generally at no charge and you can receive some good advice and guidance.

  9. Philip Anthony Fabiano

    Contributor Level 20

    24

    Lawyers agree

    Answered . You need medical attention to help your condition and to document that condition. You need an attorney to make a personal injury claim for you. Do not delay and do not give any recorded statements to the insurance company for the other driver. Whether you feel and know the wreck was the fault of the other driver, such a statement can only come back to hurt you.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    24

    Lawyers agree

    Answered . Best thing to do is have a local personal injury lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
  11. Michael R Crosner

    Contributor Level 20

    22

    Lawyers agree

    Answered . At least consult a local personal injury attorney - what have you got to lose since many offer a free initial consultation and on a contingency fee basis (no attorney retainer or hourly fee - instead a percentage of the personal injury recovery). That attorney will be able to assist in the investigation of the claim & obtaining medical care if needed on a lien basis (no payment until case is settled). Seek professional assistance ASAP. Best wishes

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  12. Paul J Molinaro

    Pro

    Contributor Level 17

    19

    Lawyers agree

    Answered . When hit by another driver and that other driver is at fault... the victim needs only dance the two step... Step One - immediately get medical attention and Step Two - hire a personal injury attorney.

    We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money). An experienced personal injury attorney will not only have the knowledge base necessary to handle the insurance company and its team of defense lawyers but to help the client get to the right PHYSICIANS to treat the injuries suffered.

    Never wait to begin the dance... the music has already started!


    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    * This post and all others I make on Internet are for informational purposes only. None of the information or... more
  13. Michael Shemtoub

    Contributor Level 17

    17

    Lawyers agree

    Answered . I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. Your gut instinct is right that you have questions regarding your rights and your case. I've handled a good amount of accident cases and know this to be true that insurance companies give cases like yours a hard time even if the police report finds the other person at fault. You should hire an attorney now before you hurt your case (happens unfortunately very often). You should hire a lawyer to help you out with the claim because regardless of the outcome of the police report insurance companies give unrepresented people a tough time. I've handled cases and referred clients to great doctors in the San Diego, CA area.

    At our firm we always refer clients to all kinds of doctors and chiropractors when our clients are injured and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE. The attorney you hire will handle the claims process from start to finish.

    But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defenedant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.

    Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.

    With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the San Diego, CA area.

    Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  14. Tracy W Cary

    Pro

    Contributor Level 10

    18

    Lawyers agree

    Answered . In my experience, the longer you wait to get medical treatment after a traumatic event the more issues and questions the insurance adjuster will raise. I would start treatment in an emergency room if possible.

  15. Edgar Beltran Diaz

    Contributor Level 9

    16

    Lawyers agree

    Answered . Well sorry to hear about your injury, but you're in the right place in looking for help. If severe enough you should of course see a doctor ASAP. You also need to find a personal injury lawyer that will represent your legal rights to recover all bodily, property, and economical damages caused by this other driver. Get a personal injury lawyer, find one that you like and you feel is competent, and then follow his/her advice. Good luck.

    This advice does not create an attorney client relationship and should only be used for informational purposes.... more
  16. C. Donald Briggs III

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . The next action you take should be to hire an experienced personal injury lawyer to represent you. Do not wait for your insurance company to handle it.

  17. William West Seegmiller

    Contributor Level 10

    13

    Lawyers agree

    Answered . First of all, seek medical attention for your neck immediately. Next, contact a personal injury attorney who can get the police report for you and the details about both parties involved will be listed on that report. The report will also indicate what insurance the driver had at the time of the crash if any.

    Sometimes the other driver doesn't have insurance and in that case if you have uninsured motorist coverage on your policy you will be covered. The best thing to do is contact a personal injury attorney who will be your advocate and make sure that you are fairly compensated for all your losses including lost wages and medical bills. All your losses should be covered if police determine the other driver is at fault, but some insurance companies may try to downplay your losses so it's best to have an attorney fight for you. Hope you are feeling better.

  18. David A. Papa

    Contributor Level 16

    10

    Lawyers agree

    Answered . Seek out a free consultation with an experienced AVVO personal injury attorney who can sit with you and detail your case to you and answer all future questions. Use the "Find a Lawyer" tool bar and select one or two attorney's. Get their experience and track record so you feel confident in your selection. Good Luck!

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