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I was involved in an at fault accident - my son and nephew were in car. can I receive some type of compensation for injury?

Dallas, GA |

we all went to hospital to be checked out - nothing was broken but we are all in pain /soar /and discomfort

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Attorney answers 6

Best Answer

If you were the driver and you were at fault, you wouldn't have a claim but, your son and nephew may have a claim with your policy.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


If you're at fault, and I'm not clear from your post, likely no. If the other party is at fault, very possibly yes. If the other party was at fault you want to call an attorney right away and do NOT speak the other party's insurer at all. I'd be glad to offer you a free consultation and evaluate your case. My number is 404-768-3509.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


Not sure what you mean by at fault accident. That's the bow question. Who was at fault. Those who are not generally are entitle to reimbursement for the value of their injures. Feel free to call and discuss.

Russell Keener


If you were not at fault, you are likely entitled to compensation. Consult with an attorney right away (before speaking with the at fault driver's insurance company).

Jamie Hernan
Hernan Law Firm
Auto Accidents - Free initial consultations
Telephone - (678) 275-4000

DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.


It appears from your post that you were the at fault driver. If that is the case then you cannot recover for your losses.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


The likelihood of a recovery depends on a lot of information not contained in your post.

Such as the speed of the other car, the damage done to your car, the amount of medical care needed and the length of time your injuries affect you.

Sometimes minor injuries turn out to be more significant than first expected. However, insurance companies will argue that if you didn't go to the doctor or didn't follow up with another doctor than you must not of been in pain. Even a week or 10 day gap in follow up care might be used against you.

If you are feeling better every day, you may recover something for the initial harms. The recovery depends on the significance of the harms.

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