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I was rear-ended in June. Hurt my neck but didn't go to hospital as I've no medical. Too late to claim?

Richmond, VA |

The accident occurred on June 5th.The person who hit me was issued a reckless driving ticket. Prior to the collision, the driver threw a fistful of French fries into my convertible. He then deliberately rear-ended me. My neck still hurts. As I do not have health insurance, I didn't want to go to the hospital. His insurance company accepted liability for the collision The Police are charging him with a felony as he threw a'" missile" into my car. His insurance company noted that my neck hurt after the accident and that I didn't seek immediate medical attention. If I seek medical attention at this stage, can I claim costs? The Felony case is to be heard in court on the 17th July. Thanks.

Attorney Answers 6


  1. Get to the doctor and a personal injury attorney immediately!


  2. The longer you wait to get treatment, the less credible your claim becomes. Get treatment immediately and tell your healthcare provider you were hoping the pain would go away, but it hasn't. Also, hire a personal injury attorney in your area as soon as you can and do not deal anymore with the insurance company.


  3. Go to a doctor and consult with an attorney. The longer you wait, the more likely the insurance company will allege that your injuries are not a result of the accident.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.


  4. No, it's not too late to make a claim. You should immediately contact a personal injury lawyer and make no further statements to the insurance company adjuster. The adjuster is paid by the insurance company and has their interests in mind; your attorney will have your interest in mind and work with you to get you the settlement amount that is in you favor. The attorney should also have some doctors he may refer you to for your care as well.

    Good luck.

    Be sure to mark the "Best Answer" or Helpful" to your questions. Attorneys on AVVO donate their time and your feedback is appreciated.

    James Garrett
    Garrett Law Group, PLC
    http://vabeachpersonalinjurylawyer.com
    jd@garrettlawgroup.com
    (757) 422-4646 - 24 hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  5. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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