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One car accident can the passenger sue the driver if the passenger signed a refusal of treatment and left the scene?

Clinton, SC |

It has been almost a week and the passenger went to the doctor. There are only minor injuries such as bruising and strained muscles. their doctor is now asking for my insurance information and the accident report.

Also this individual was a passenger in another car accident (hit from behind) 3 days after the one that I was driving.

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Attorney answers 5

Best Answer
Posted

The passenger can file a lawsuit even if a refusal of treatment was signed. Injuries often are felt a day or so after an accident. The fact that the passenger refused treatment is a good sign for you, because it tends to show the damages are not that severe. You should contact your insurance carrier, and let them handle your defense. There may be issues of liability depending on the facts. The fact pattern does not indicate if another vehicle was involved or who might be at fault. Don't assume you are at fault simply because you are the driver. An attorney really needs to review the facts and determine liability and other factors. If you found this response was helpful, please click the helpful button. If there is something else you want to post, please feel free to post additional information.

www.JoeTorriLaw.com

This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.

Asker

Posted

I have a follow up question. Why does his doctor want the accident report?

Joseph Torri

Joseph Torri

Posted

The doctor is probably trying to diagnose a potential condition for the patient based on the facts in the report. Be careful about providing police reports to third parties; some states forbid said conduct. I'm licensed in CA, not SC; therefore, I don't know the specifics of SC law with this issue. Before you do anything, get with your insurance company as soon as possible, and speak to the attorney that will represent you.

Posted

Yes. Some times people don't feel the affects of an injury until later on - a couple to few days is normal further out you get worse it looks

Asker

Posted

So that means that my insurance company can still be sued for this even though he refused to be checked out at the scene and he could have sustained these injuries after the fact?

Ryan S Montgomery

Ryan S Montgomery

Posted

Could yes. Whether your insurance co pays anything on it who knows. Also depends on if they turn up any other evidence that shows passenger was injured some other way

Asker

Posted

thank you

Posted

Hi. Yes, any competent and credible doctor (and attorney) knows that injuries may take days, if not weeks, to manifest (reveal themselves). Be prudent; just give the information and let your insurance know. Fortunately, you're friend has a way to get the bills paid (and sue you, if appropriate). Good question.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Posted

While I understand the instinct to be considered with whether yo are liable for damages, you don't have to be concerned about this issue because it is why you buy insurance in the first place - so you don't have to worry about these issues. Your insurance will investigate the claim and if necessary they will pay for damages or defend against any possible lawsuit.

Posted

Generally, I shy away from cases with declination of EMS at the scene unless the party goes to the ER shortly thereafter. In the insurance adjuster's eyes, the claimant was not "really" injured.

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