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I was rear ended on freeway minium damage to my car i have been diagnosised post concussion syndrome cervical sprain and strain

Desert Hot Springs, CA |

his insurance fixed my car but they said they were dening the medical claim due to the minor damage how should i handle this

Attorney Answers 11


  1. Lawyer, lawyer, lawyer. Prime example when you talk to the carrier. Minor damage and injury two separate issues. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. Hire an attorney right now! It does not matter how much damage there was to your car. It is the dynamics of the impact that cause injury. It is better if you have pictures of mangled autos to show the jury, but property damage is not required to establish personal injury. Your medical providers can help establish your claim, particularly if you did not just treat with chiropractors.

    This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.


  3. I would immediately meet with a personal injury attorney in your area regarding your case. If you have a repair estimate, pictures of the vehicle, and/or a traffic collision report, you can take those with you to the meeting and discuss the case with the attorney. Insurance companies routinely deny claims, even legitimate ones, in the hope that you do not follow through with seeking compensation. An experienced personal injury attorney will tell you if this "minor damage" would be sufficient to cause you the injuries that you are complaining of. I have handled cases on many occasions that are low speed and minor property damage but that have sufficient to cause injury.

    Definitely contact a lawyer right away. Use the search option in Avvo and research the attorneys in your area.

    Good luck.

    --------------
    Ilya D. Frangos, Esq.
    Law Offices of Galine, Frye, & Fitting
    411 Borel Ave., Suite 500
    San Mateo, Ca 94402
    Phone: 650-345-8484
    Fax: 650-345-9875
    www.dongaline.com

    Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not create any type of attorney-client relationship or preserve any rights and statutes relating to the individual claim.


  4. Insurance companies often deny injury claims on the basis of what they deem to be "minor impact" collisions. The damage to the car has little correlation to whether you were injured or not but the insurance companies routinely hire experts to say that is true and to deny claims. You should talk to a good injury attorney about your case but beware that many attorneys are reluctant to take on the insurance companies in these cases.

    Good luck.


  5. Minor impact claims are difficult because insurance carriers tend to have a "minimal threshold" for the amount of property damage they think is necessary to cause injury even though this is often just an arbitrary amount. Your option is to retain an attorney to demand that they pay the claim including medical treatment and pain and suffering damages.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  6. Consult with a personal injury attorney. Negotiating with insurance companies is what they do and backing it up with a lawsuit when necessary.

    Good luck with your sitiuation.


  7. It is common practice for insurance companies to deny minimum damage claims; however, studies have shown that even minimum impact claims can cause injury. There are other factors that need to be considered such as the type of cars involved in the accident, the age of the injured person, etc. These cases typically do not easily settle; therefore, it is in your best interest to hire an attorney ASAP. I'd be happy to further discuss your case if you wish. 1.800.405.1070 ext. 1

    Best of luck.

    This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.


  8. Never try to resolve an injury case without a personal injury lawyer or you will either get #1. no money or #2. a tiny nuisance settlement. Retain a lawyer with a low contingency fee, less than 30% with no costs deducted, so you are left with the lion's share of the settlement, not your lawyer. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  9. 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.


  10. Your condition is common after an automobile accident, especially in a rear-end car accident. The injury can even occur in a low-speed accident with little damage. Claims for "whiplash" can sometimes be problematic because the injury does now always show on an x-ray. Many insurance companies fight "whiplash" claims but an experienced car accident attorney should be able to help you. Be sure you obtain all the medical care your doctor recommends and make sure you document time missed from work and other costs involved in your treatment and recuperation. Good luck to you.

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