On 01/24/2018, myself and my 5 yr old son was at a stop sign at an intersection going south, to the left of me at the other stop sign was a white car, behind that a blue car. I yielded the right of way to the white car being as though they were at the stop sign before me, after they crossed over, I proceeded to continue going south, I was just about crossed over when the blue car struck me on the drivers side quarter panel causing my rear tire to bend in. They left the scene, but came back a few minutes later. I called the police, they only gave a driver exchange report but did state that the driver in blue car was at fault. I contacted the other drivers insurance, they called me the night of accident, sent an ins adjuster the next day and the adjuster told me the value of my car, as they deemed it a total loss and reserved me a rental. I have to turn in the rental tomorrow 1/29/2018 and will be without transportation to work. I also did not go to ER right away because I was not experiencing any pain, but now I am having pain on my right side neck and shoulder. My son seems to be fine, he says he feels no pain. Should we both go to ER just in case? What are my options?
I've handled cases on both sides of the fence as an insurance adjuster and attorney for the injured and far more goes into a case like this, than anyone can explain on this particular Avvo Q&A. Rather, you should contact a Personal Injury attorney for consultation and to investigate all potential sources of recovery.
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My response is my casual opinion and should not be taken or relied upon as legal advice. No communication here is intended to establish an attorney-client relationship.
Yes you can seek damages. If you were injured hire a competent personal injury attorney in your area to handle your case. You can use the AVVO find a lawyer tool to help you. They may be able to help you with your property damage claim as well. You can also consult my Guide for what to do when you are in a car accident in Florida at:
https://www.avvo.com/legal-guides/ugc/what-to-do-if-you-re-in-a-car-crash-in-florida. You will not get full value on your case without representation. Hire a competent personal injury attorney in our area to handle your case. Do not try to handle this on your own. You can use the AVVO find a lawyer tool to help you.
Medical issue should be looked into
Did you sign any papers?
What was offered for total loss in car?
Consult with a local personal injury lawyer
Yes, you can. We have handled many such cases in the past, and fortunately you are in an area where the law favors you by not recognizing a "set off" for not having PIP insurance. You need to retain a lawyer ASAP as you will need to know the details of the other parties insurance coverage and also how to expect any medical bills and care to be paid for.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
The lack of insurance (or even a valid driver’s license for that matter) has no bearing on liability. You may in fact receive a citation from the police for this gap in judgment, but it has no effect on who is at fault for a motor vehicle accident.
If you were injured, I would suggest you obtain any treatment you may need and then contact an attorney in your area as soon as possible to scope out all areas of insurance available to you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most even offer a free consultation.
As others have stated, your lack of insurance has no bearing on the liability of the other driver who it sounds like caused this accident and your injuries. Its also very common for pain in accidents like this to not show up for a few days. You should reach out to a car accident/personal injury attorney quickly though. A good personal injury attorney can not only evaluate your case, but can help you in recommending the best treatment options, as well as compensation for your injuries and other damages. While any attorney in Florida can theoretically handle your case, a local personal injury attorney usually has connections and recommendations for local doctors and other treatment. Almost all do this at no cost to you unless they recover for you. You can contact most attorneys on this site by clicking their profile which will usually give you a phone number and website.
Responses are for general use only and have not been researched with any specificity. No lawyer-client relationship has been formed by this response. You should contact a lawyer and speak with him or her directly for any further inquiries you may have.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements 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. You can access my Legal Guides through my profile page on Avvo.
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.
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