Skip to main content

Hit by a drunk driver, a hit and run. Minor injuries at the time have worsened.

Belmont, CA |

I was hit by a drunk driver in a hit and run accident.My two kids were in the car with me.Our car was totaled.There were witnesses and he was arrested. I testified at his hearing that I had some minor pain in my neck and my wrist. My kids have no signs of injury. I went to Kaiser following the injury and they took an xray of my wrist and said it was sprained. My neck xray was clear. I went to a chiropractor who told me I was all screwed up but could fix me in 6 mo. and would be happy to bill my insurance. I am having trouble at work lately with my neck, i have to lean my head back because I can't hold it up for long and have lost a lot of range of motion. i also cannot look up without pain. What should i do? accident was 6 months ago. The driver had progressive insurance and some priors.

Attorney Answers 13


  1. You should hire a competent personal injury attorney to help you evaluate your claims and assist you in obtaining an appropriate recovery from the other driver's insurance company. Most of us offer free initial consultations, and charge no fee unless a recovery is obtained.


  2. Hire a personal injury attorney as soon as possible. They will handle the case while you focus on healing. Meanwhile, keep treating for your injuries to make sure you get better. There are strict time limits involved so be sure to get the lawyer quickly.


  3. It is not too late to retain a local Belmont personal injury lawyer so you can obtain maximum compensation. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney in your city.


  4. You should hire a personal injury attorney to handle claims on behalf of you, your spouse and kids. An attorney will be able to maximize your recovery.


  5. Get a lawyer and get to an MD. I wouldn't treat with chiro for 6 mos. Yes, Ill bet he is happy to bill your ins for 6 mos of treatment. Don't let him drain your med pay and run up a huge bill. If youre having these probs after 6 mos, get to a doctor.


  6. I am always puzzled by the fact that people in your position ask a question such as this, rather than directly consulting with a personal injury attorney. It would seem that it would require the same effort. Accordingly, the advice is simple: Consult with an experienced personal injury attorney ASAP!


  7. What you should do first is receive all necessary medical treatment that you need. Your health is the most important thing. You should also hire an experienced personal injury lawyer to represent you for many reasons, chief among them is that Progressive will try to claim that your problems do not relate to the car crash. Good luck.


  8. I've helped many clients with drunk driving victims. Moreover, had many chiropractors who bill the insurace company directly and usually they bill very high leaving very little for the client. Moreover, the fact that you had "sprains" at the time of the accident is something that the insurance company will try to use against you claiming that see a chiropractor for six months is not necessary and technically they are correct. You should be seeing experts to help develop your case. Get a strong attorney to help you out.

    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 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 Belmont, 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 Belmont, 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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  9. You need to hire a personal injury attorney to review your case and evaluate your legal options for compensation. Hiring an attorney is not as easy as it sounds as you need to make sure your lawyer specializes in motor vehicle accident claims. I represent injured victims of drunk driving accidents throughout the state of California. Below I have attached a guide to help people understand what to look for in a motor vehicle accident attorney. I wish you the best of luck and I hope that I can be of greater service.


  10. Everyone is saying the same thing, consult with a local personal injury lawyer. Since your neck is still bothering you, it would be wise to see an orthopedic doctor. Your health is paramount. Good Luck!


  11. First of all, I am sorry for what you are going through as a result of a drunken driver. There is no excuse to drive drunk, but thankfully this accident wasn't any worse under the circumstances. Indeed the other driver is likely at fault for his or her's actions, but you should have this case looked at by a personal injury lawyer who serves California. Most of us here on AVVO offer a free consultation, but would need more details to give legal advice. I hope this was helpful and that you feel better soon.


  12. Please immediately hire a local attorney who specializes in personal injury trial law. He/she will be able to provide answers to your questions and deal with the drunk driver's insurance company. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.