I was rear ended by a company driver exiting the highway ramp
damage was clearly to rear end pictures show damage to my driver side tail light as well as my trunk area was severely impacted.
The officer arrived on the scene and accused me of swerving in front of the driver
the officer was not there at the scene when accident happen the officer never asked my side of the story immediately just took the company drivers side. i never switched lanes the driver admitted he was texting when he rear ended me
the ticket the officer gave me for unsafe lane change was later dismissed when i chose to fight this ticket since it was 100% false
I have been back and forth to the doctor and physical therapy because of this accident resulting in financial hardship prescribed back brace from doctor still having trouble with shoulder and back still under medication.
If you are asking whether or not you have a case, then it is certain you have a potential case. A police officer's opinion on fault is not admissible. Ultimately, if you go to trial, a jury will be allowed to judge the credibility of you and the other driver. As long as a jury decides your fault is less than 50%, you will be allowed to recover. Please remember Kansas has a two year statute of limitations, generally.
The attorneys in this forum will always try to give you the best information possible given the facts that are presented. However, probably 99% of the time, the main theme you will see in any answer is to obtain whatever medical treatment you need for your injuries and then to consult with an attorney, as there is no possible way that any attorney in this forum, based on the limited amount of facts that can be given, can address the issues in full. This is not because attorneys are just trying to get your business but because we know that insurance companies don’t always treat unrepresented claimants fairly.
I’m not saying that all insurance companies are going to try to cheat you by any means, however. I handled lawsuits as an insurance adjuster for thirty-three (33) years for three (3) of the larger insurance companies in the U.S. Those companies always attempted the best they could to be fair and came up with a fair and reasonable settlement range for injury cases most of the time.
However, what you have to understand is that even the most reasonable insurance carriers are going to offer you the lower end of what they consider a reasonable settlement range and try to get you to take it. All insurance companies are in the business of making money and saving on costs and are not in the business of spending money like a drunken sailor. The less than reasonable insurance companies will not be as kind as some of the larger companies out there. Don’t try to handle your case on your own. Don’t try to deal with the insurance company yourself. That's like a two-year-old stepping into the octagon to face an MMA champion.
Your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
I t appears there are multiple issues that need to be addressed in your question.
First congratulations on taking the time and effort to "fight" and have the ticket dismissed. Many people just pay a fine not thinking of the consequences. So the good news is it's a new ballgame regarding who is at fault in this collision.and as one of the other attorneys stated the police officers opinion on fault is not admissible in court .
You certainly want to obtain the company driver's cell phone texting usage on the date and time of the collision. You'll probably need legal help in order to obtain that information.
In regards to your financial hardship hopefully your automobile insurance has paid your medical expenses as called for under what is called personal injury protection which is mandated to be contained in every automobile insurance policy issued in Kansas. If those limits/benefits have been "exhausted", the limits have been reached under your policy, usually your insurer sends you a letter stating the same. Then send a copy of that exhaust letter and any unpaid medical bills to your health insurance.
If you do not have health insurance it is a challenge, hopefully your doctor and physical therapist will work with you pending resolution of your claims. Keep them informed that you are making a claim for their services so they can be paid.
A major point being is that you do not want to accept a settlement offer, being under a financial hardship , when you are still incurring medical expenses, while you remain under medical treatment, as you are required to sign a RELEASE and cannot make further claims for those or any other expenses .
Under Kansas law you have two years to settle claims or file a lawsuit. If you do not do either of those two things within two years you are forever barred from making a claim for one penny or more against the company driver and his company
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