My brand new car (purchased 1/1/13) less than 700 miles has been in no fault accident, I am 8 months pregnant.

Asked over 1 year ago - Vista, CA

What kind of action can I take to get the car replaced? Medical bills paid for? What if my daughter is born and has non-hereditary issues which could be linked to this accident, ie. siezures, bruises, broken limbs...? How do I go about taking this forward in the most efficient and thorough way possible?

Attorney answers (10)

  1. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Most importantly, I hope you and your daughter are fine. First move, see your health care specialist; second, contact a local and qualified personal injury litigation attorney; third, report this to your insurance company. Important - do not speak with the other vehicles carrier. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Jeffrey Michael Padilla

    Pro

    Contributor Level 13

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    Answered . As others have stated, you need to get appropriate medical care, first and foremost. You should contact your own auto insurance to see if there is medical payment coverage to assist you with any charges your health insurance doesn't cover.

    Of course, you should consult with a injury attorney as well. There is much more information that is required before a complete evaluation can be made. Yours will be a complex case that would certainly justify the involvement of experience trial counsel. Regardless, a consultation would be free of charge and without obligation.

    You have two years from the date of the accident in which to file a claim, so hopefully your claim can be managed appropriately so that all known injuries will be addressed before the claim is resolved.

    Our office specializes is injury claims and particularly auto accidents. Our office is in north San Diego County so we would be able to meet face to face at your convenience. Whether you choose to meet with us or not, I urge you to speak with a legal professional soon.

    Best wishes to you and your child.

    This response applies to California Law only and does not create any legal relationship between the attorney and... more
  3. David J. McCormick

    Contributor Level 20

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    Answered . I agree with Attorney Adams. You need to see your doctor ASAP and make sure both you and your baby are OK. Also contact your auto insurance and do not talk to anyone else until you see a personal injury attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Neil P. Flynn

    Pro

    Contributor Level 12

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    Answered . Attorneys Adams and McCormick are correct. The most important issue is to attend to your health and that of your daughter. Then seek out an experienced personal injury attorney.

    I've been litigating civil cases in New York for almost fifteen years including personal injury, medical... more
  5. Charles William Franklin

    Pro

    Contributor Level 14

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    Answered . You should immediately seek a consultation with a local personal injury attorney and I agree with the others, also get checked out by your doctor including your ob/gyn. In most states the at fault driver's insurance company will repair your car or pay the fair market value if deemed a total loss, but if the former, you may also have a diminution of value claim. Your local attorney can answer whether the at fault driver's insurance carrier pays medical bills or whether they have a no fault law where your own carrier pays medical expenses up to policy limits regardless of fault. Seek a local attorney and see your doctor immediately.

  6. Adrienne Patricia Allen

    Contributor Level 15

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    Answered . I agree with all of the above. Also do not settle your or the baby's case until well after the baby is born so any injuries are diagnosed. Also if the party who hit you is a public entity you will have a shorter statute of limitations to file a government claim (generally only 6 months). If a private party you have two years and your unborn baby may have a different statute of limitations than you. I too hope you both are okay and get an attorney as soon as you are able.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  7. A Melissa Johnson

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . So sorry to hear about your accident. I agree with the other attorneys; it is important to see your doctor to monitor your health and the health of your daughter. It is equally important to follow your doctor's instructions. In the meantime, you should retain with an experienced personal injury attorney to deal with the insurance company and ensure that you are appropriately compensated.

  8. Scott Richard Kaufman

    Contributor Level 20

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    Answered . Sorry to hear about this. Hope you are both OK and live long, healthy and happy lives!

  9. Paul J Molinaro

    Pro

    Contributor Level 17

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    Answered . At eight months pregnant a woman in a motor vehicle accident has two people to worry about from a medical perspective. That is more than enough responsibility on its own and there is no need to worry about bills for vehicle repairs/replacement and medical treatment or money for pain suffering. The mother should hire an attorney to handle the money aspect so she can focus on getting immediate and comprehensive treatment for herself and her unborn child. This means getting to her Ob/Gyn for a full exam and if needed to her family doctor to have her neck/back/etc. examined. As for whether the baby has suffered any trauma, the Ob/Gyn doctor will be able to answer this question before and after delivery.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com
    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  10. Michael Shemtoub

    Contributor Level 17

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    Answered . You should immediately get checked out by a licensed OB/GYN who can write you any pertinent letters in reference to potential trauma from this accident, as well as ensuring that your health and safety as well as that of the baby is ok, which ultimately is the most important thing. It is incredibly important that you do this immediately so that any kind of pain can be tracked back to this specific event. Time is important in these kinds of situations.

    I also want to tell you that the best thing to do is to immediately seek legal advice on a one on one basis with an attorney who specializes in personal injury. I am highly successful in getting my clients the money they need to get through the trauma that MAY be in front of them. Give me a call so we can talk further.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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