She already has a rental car. I do not (do to another issue). My car is now unsafe to drive now. She had very little damage and my care is missing a fender and a headlight. She ran a red I had the green. I was going 50 mph.She also still claiming it wasn't her fault. I am now starting to feel pain in my neck and left hip. What should I do now?
The at-fault party's property damage insurance is required to pay for a rental car while your car is being fixed. Your personal injury protection insurance will pay for up to $10,000 in medical expenses and lost wages, but you must seek treatment within 14 days of the crash. I recommend that you contact an attorney to help you with these issues.
BEFORE you speak with anyone at the insurance company, you should speak with an experienced personal injury attorney. Additionally, if you are experiencing pain from the accident, you should seek treatment with a physician that specializes in auto accident injuries. It is not uncommon for stories to change after the accident. At this point, the other driver may have given statements to the insurance carriers that place liability on you. Avoid the trap of getting into a he/said, she/said, by yourself. Contact a lawyer ASAP. Good luck with you claim. I hope you feel better soon.
I'm sorry to learn about your crash and injuries. You should call a Florida personal injury attornry this morning. An experienced attorney will assist you with filing your personal injury protection claim and getting a rental. Most importantly, you need an attorney who knows the value of your injuries in the venue in which they occurred.
My answers are not legal advice, and I am not your attorney unless I agree to accept your case and you sign a contract. Avvo is only a general question forum, so you should seek a consultation about your specific legal needs. Please forgi want typographical errors. I'm often replying via via my cellular phone. .
You should do two things as soon as you can. First, you should see a doctor and get a diagnosis and, if appropriate, a treatment plan for your neck and hip pain. Second, you should contact a car accident lawyer. Do not expect that the insurance company will look out for your best interests even if the other driver was at fault. A lawyer, however, will look out for your best interests. If you need help finding an attorney you can use AVVO's Find a Lawyer tool or you can contact your local bar association. I wish you the best of luck with your recovery.
You need to hire a lawyer IMMEDIATELY! DO NOT speak to anyone about this until you do. I have had MANY MANY clients over 27 years of handling such cases come to me AFTER they gave recorded statements trying to get their car fixed or focused on trying to get a rental car, only to hand the other insurance carrier HUGE legal defenses. How?....well since they would have a statement by you and you don't have one from their insured.....they often coach their insured to "remember differently" and often in manner that dovetails into your sworn statement. By example - if the speed limit was 45 and you admit to doing 50, they might ask..."The other driver admitted he was speeding...now before I turn the recorder on I want to you think about whether you recall the other driver speeding up suddenly - such as to beat a red light right before the intersection - it might make a big difference in our investigation and whether this accident is assessed against you for future premiums...now...lets get started..." A contested liability issue can dramatically devalue your case.
You also need to know that seeking medical car immediately is critical to maintain and establish value for an injury case. While you are required to seek care within 14 days for the purpose of securing your PIP benefits...delaying treatment will be factored into the assessment of your case value by that AT FAULT parties insurance later. You will need a lawyer to help you select a qualified doctor or clinic to accurately assess and document any injuries you may have.,
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.
Hire counsel here in Florida. Most of us don't charge unless the client wins.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Contact a Personal Injury attorney to discuss issues in detail and for advice and representation.
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.
Here is what I suggest you do: 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.
Contact a personal injury attorney. It's free to speak to us and there is no cost to you unless we win your case. We can likely help with the rental issue as well as the pain complaints. You need to protect yourself and you do that by hiring an attorney.
From the sound of it I would not be surprised if you hear from her insurance or your insurance soon. If you have not done so already you nee do to hire a personal injury attorney for multiple reasons at this point. First you need to protect your potential injury claim. Second, you need to work with your insurance company and aid them as best you can so that they do not have to pay out on this at-fault party's claim. It is best to communicate to any insurance company either through or with an attorney at your side.
I am sorry to hear you are feeling discomfort after this accident.
With respect to your question, YOU SHOULD NOT SPEAK TO ANY ONE ABOUT THIS INCIDENT UNTIL YOU CONTACT A LAWYER! That is vitally important. Also, rather than waiting to be contacted by the responsible party's insurance company, you should report this accident to your insurance company immediately and also immediately seek medical attention. If you wait beyond fourteen (14) days to seek medical attention, there may be consequences in terms of your PIP coverage. Call a good personal injury lawyer ASAP and they will be able to get these questions answered and put you on the right track.
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