I was in a care accident on 2/8/16. A car hit me from behind, right after the accident I went to the ER. The Dr. at the ER said to expect to have some pain to put heat and ice on my neck, waist, and leg. I had been in contact with the insurance of the person that hit me. I have been feeling pain on my left side of my leg, for about a couple weeks, it's getting worse. I went to see the Dr. yesterday who sent me to the spine specialist today. The Dr. said that I have an injury to one of the lover bone in my spine.
Medically you're doing the right thing - get cared for. Legally, you seem to have a case that is significant enough to justify getting a lawyer. Get one. Your best option is to call the Alameda or SF County Bar Associations and get referrals to qualified lawyers.
Contact a personal injury attorney immediately. Trying to negotiate on your own without legal counsel will be detrimental to your claim.
I agree with what Mr. Fiol said. Continue getting treated, stop talking to the adverse insurance (I hope you have not given a recorded statement to them yet), and find an attorney. The adverse insurance will not resolve this fairly with you because they know you have no legal recourse.
There is nothing wrong with sharing your insurance information with the other side. Otherwise, you are being very wise to follow through with medical treatment and evaluation. If you have a bone injury, you should consider discussing your case with a personal injury attorney in your geographic area.
San Francisco Injury Lawyer
Sorry to hear about the injury to your lover bone. That must be very painful. You need to continue getting the medical care that you need, cease communications with the other driver's insurance company, and consult with some personal injury attorneys regarding representation. There is little chance of you fairing very well against the insurance company without an attorney representing you. Best of luck.
Any flow of information to the adverse insurance carrier should be tightly controlled by your personal injury attorney. The adverse insurance carrier is neither your friend nor your good neighbor. The sole goal of the adverse insurance company is to pay you nothing or as little as possible on any claim.
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.
You should immediately retain an attorney. The insurance company will not take your case seriously without one. A lawyer will be able to guide you through the process and file a lawsuit on your behalf if the insurance company does not ultimately make a reasonable offer to settle your claim. Use the Find a Lawyer tab to find an attorney in your area who can help. Good luck.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
You should speak with a knowledgeable personal injury attorney before you say or do anything that would adversely affect your case.
What you should do next is get better. Get the medical attention you need. You were injured due to the negligence of the other driver. That driver failed to follow a safety rule of driving known as the "assured clear distance ahead" rule. You are entitled to be made whole for the losses you suffered, i.e. any economic losses such as wage loss or medical expense, etc but in addition those important "human losses" such as pain and suffering, loss the enjoyment of life, etc. Sadly you will not be able to resolve your claim for a fair and adequate sum without an attorney. You can try but those you are dealing with are professionals trained to resolve cases for as little as possible--nothing being better. With regard to paying you nothing, I suggest you resist the request that you give a recorded statement over the phone. You may feel you have nothing to hide and you will be telling the truth. What harm could there be? Let me assure you by the time you are done with that examine you will admit to shooting Kennedy. My suggestion is to retain counsel and let your attorney deal with the insurance company. Studies that have been done by the insurance companies themselves shoe that those with attorneys "net" more at the end even after counsel fees are deducted than those without.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
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