What happens when you do not remember details of a car accident and unfortunately you do not have witnesses.

Asked over 1 year ago - Los Angeles, CA

Can you say that you do not remember important details like what the other driver was doing prior to hitting you from behind. in a recorded statement to you auto insurance company? My chiropractor says I only have mild concussion in the head and neck and back pain. I do not have a police reprt. I think it should be like everything else, cannot find me guilty unless is throughly proved with a video tape or something strong to prove it.

Attorney answers (9)

  1. George Costas Andriotis

    Contributor Level 20

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    Answered . Most people do not know what the car that was rear-ending them was doing prior to impact for obvious reasons so I wouldn't worry about that. Consult an attorney as you appear to be injured and they will help guide you through these difficult times.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  2. Marc Lazarus

    Contributor Level 14

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    Answered . First, get to a doctor who treats concussions and mild brain traumas. Your loss of memory and concussion diagnosis indicate a high likelihood that you sustained a significant brain injury. Get examined by a neurologist as soon as possible.

    Second, don't give out a statement to an insurance company without first having your own lawyer present with you. An insurance company will not take a statement to try to increase the value of your claim but rather to try and decrease the value. Call a lawyer to protect your rights before you give a statement. We can consult with you for free as well as any of the other personal injury lawyers here on AVVO to help you through this process.

    Marc Lazarus
    Tel: (949)309-0990
    www.russellandlazarus.com

  3. Jeffrey David Bohn

    Contributor Level 12

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    Answered . Don't worry, 99.9% of the time when you are rear-ended, it is the fault of the other party. What is more important is what position your body/head was in when you got hit. But you have no need to give a recorded statement. At this time it can ONLY help the insurance company find some loophole as to why you are at fault. Remember that an insurance adjusters job is NOT to figure out a reasonable amount to pay you for your damages but rather to find a way to shift blame and pay you NOTHING! All the pre-scripted questions are designed to do just that.

  4. Nathanael Prada

    Contributor Level 12

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    Answered . Since you have injuries you should contact a local personal injury attorney to schedule a free consultation. Do not be worried about not remembering some details, this is quite normal and especially so in cases where you are rear-ended. Best of luck.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . When you are hit from behind, 9 times out of 10 it is the other person's fault, so retain one of the personal injury lawyers in your state above for representation.

  6. Manuel Alzamora Juarez

    Contributor Level 20

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    Answered . If you are rear ended by an auto and do not remember what the car was doing, the answer is very simple. "... I was either stopped at the red light, or I was looking at the traffic in front of me or I was watching at the lady that was in the crosswalk..." The truth is always the best answer. You are not under any legal obligation to guess what the driver that hit you from behind was doing. Most importantly, if you got hurt, get treated by a doctor and subsequently retain a PI lawyer to help you answer all your questions. The initial consultation is always free. Best of luck.

    This answer was provided only for informational purposes and does not constitute legal advice. This answer was provided by:

    Manuel A. Juarez,
    El Abogado Hispano de California.
    http://rearendedbyauto.com

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  7. Randall Richard Sevenish

    Pro

    Contributor Level 13

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    Answered . When you are rear ended you usually do not know what the car behind you was doing prior to hitting you. I would seek a local personal injury attorney to assist you with your claim. Good luck.

    Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and... more
  8. Richard Andrew Harting

    Pro

    Contributor Level 18

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    Answered . get an attorney and let them handle the matter. You are not required to give a statement, except to your own insurance.

  9. Paul J Molinaro

    Pro

    Contributor Level 18

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    Answered . When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney. If the accident was not a rear ender, the attorney will advise on fault and liability.

    When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.

    As for chiropractors... I'll be nice... and this takes a lot of self-restraint by the way... I'll just say that it's not my personal and humble opinion that treating brain trauma, whether serious and severe or "just a concussion," is within their wheelhouse.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.

    - 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

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