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I was rear-ended yesterday, I told my insurance company, do I need to contact any other company to claim whiplash?

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I have neck/chest/back pain and have never been crashed into before , how do I go about claiming for my injuries? I went straight to the hospital and went to my GP today. does my insurance company sort everything or do I need to contact another company e.g solicitors to sue the other drivers insurance company??

Attorney Answers 12


  1. Step one is contact a local personal injury lawyer to help you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. If you seek to pursue a claim for injuries, your best bet would contact a local personal injury attorney for assistance. An insurance company's ultimate goal is to save money and they would take advantage of the fact that you are not experienced in dealing with these claim. At the end of the day, they will not offer any reasonable sum to settle an injury claim unless you have representation.

    In NY, before you can recover any money for injuries you must prove that they are 'serious' under our Insurance Law. Based on what you describe, and given that your accident just happened, it is impossible to tell whether your injuries are serious under our law or not.

    A local personal injury attorney can explain your rights, including the no fault benefits that you are entitled to, and help guide you through the process. Many firms, including mine, offer free consultations. Good luck!

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


  3. You need to file a no-fault claim form with your carrier within 30 days of the accident to get your medical bills and lost wages paid. In order to recover from the other driver you need to show you suffered "serious injury" as defined in the Insurance Law. Contact a personal injury lawyer asap. Let the lawyer review the no-fault form before you send it in.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. Under our No-Fault system, your insurance company is initially responsible for medical expenses and loss of earnings. The other insurance company should also be contacted if you intend to pursue a claim for damages, including pain and suffering. It's also important that you obtain the police report and file an application for No-Fault benefits within 30 days of the MVA.


  5. Hire A lawyer right away. Do not contact the other insurance without a lawyer


  6. You've received excellent advise. 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


  7. Retain a personal injury lawyer to get compensation for your injuries.


  8. The best way to claim for your injuries is to consult an attorney immediately. I handle cases like these and most attorneys (including myself) take such matters on a contingency fee basis, where you pay NOTHING until the attorney gets a recovery for you. You should consult an attorney right away.

    Papool Chaudhari ("Pap-pool Cho-der-ee")
    Chaudhari Law, PLLC
    (214) 702-1150
    papool@chaudharilaw.com
    http://nationwideinjury.com

    This does not constitute legal advice and does not establish an attorney-client relationship. I am only licensed to practice law in Texas, California, and Missouri, but will associate with local counsel to handle matters in other states.


  9. Consult a local personal injury attorney to evaluate whether they can pursue a claim on your behalf.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not guarantee a similar outcome.


  10. In NYS you may be entitled to pain and suffering damages if (a) your injury falls into one of nine (9) statutory definitions of "serious injury"; or (b) your "basic economic loss" exceeds Fifty Thousand Dollars ($50,000.00). These "terms" are legal terms of art. It may not be obvious at the outset whether or not your circumstances meet either of these standards. Nonetheless, you were involved in a motor vehicle accident and you required medical attention as a result. On these facts alone you should consult a personal injury attorney in your area. The consultation should be free - the consequences (of not doing so) may be dire. Best of luck!

    I do not know you or the facts of your alleged claim. As such, the foregoing is not intended as legal advice and in no way constitutes the formation of an attorney-client relationship.


  11. A common theme here, consult a personal injury lawyer. They will gather evidence and present the claim for you. Good Luck!


  12. Attorney Rothstein gave you excellent advice. Keep a diary of the impact the injury has had on your daily life.