I was passenger in my friends car and we were involved in a car accident where the car which hit us ran from the scene.
San Diego, CA
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Posted 3 months ago in Car / Auto Accident
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A detective has called me and taken a statment, but has told us the personalized license plate we and other witnesses reported to the police was fake. Am I able to make a claim against my friend's uninsured motorists policy? I went to the doctor immediately after, with pain in my neck and back but nothing broken (he told me to take a regiment of anti-inflammatories). Every morning since, my back is very tight and after longer days of work I have bad back and/or neck pain. Do these types of injuries qualify me make a claim against his policy?
Answers (3)Dana Howard Shultz
This attorney is licensed in California.
Posted 3 months ago.
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You should file a claim under your friend's insurance policy. Irrespective of uninsured motorist coverage, there may well be medical coverage for passengers. Also, you should find out whether your friend has any other relevant insurance coverage - for example, umbrella liability coverage under a homeowner's policy.
Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship. Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 3 months ago.
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As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to California state law. However, assuming that your friend has uninsured motorist coverage on the vehicle you were in, you can make a claim under that policy. If you have your own car with UM insurance or you live with any resident relative in your household who has UM insurance, you are also covered under your policy and any resident relative's policy. All relevant insurance carriers should be placed on notice of your potential uninsured motorist claim.
You may find it helpful to review some of the Legal Guides which I published on Avvo.com, many of which deal with the issues you are now facing after the collision. I suggest that you contact a personal injury attorney in your area for a free consultation and see whether or not the attorney is in a position to undertake your representation. In the interim,you should decline to give any statements to any of the involved UM insurance carriers until such time as you have had an opportunity to speak with an attorney. Howard E. Spiva
This attorney is licensed in Georgia.
Posted 2 months ago.
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I am licensed in Georgia and can not advise you on your state's laws.
You should be able to file on your friend and/or your own UM coverage. However, you need an attorney. You may want to contact the local bar for a reference. You also need to contact and notify your insurance company. Meanwhile maintaining evidence is important. Save all documents. Take photographs of any relevant matters, in a car wreck that would include the scene, vehicle damages and any visible injuries. As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing: 1) what ther injury is; 2) exactly how the injury it occurred; 3) the amount of her medical bills; 4) the future treatment and prognosis of your injury; 5) your lost income or wages; 6) cost of services you couldn't perform (i.e. yard work, house cleaning...) 7) any other damages (Spousal services, mileage expenses, property damages, etc.) Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit. For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation. Medical Malpractice claims can be longer or shorter. You should act now! Do not give the "other side", their insurance company nor their lawyer a recorded statement. In injury cases do not sign a medical authorization. Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side. One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation. Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct. Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long. Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods. Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad. Statutes vary by state and like most rules, almost all have exceptions. ~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action. ~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney. As an example here is some more detailed information on Georgia Statutes m/node/738402 ~Act now! Good Luck Make it a great day! Howard Spiva The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com |