Visitor Question

Back Injury Car Accident – Is the Other Driver Liable?

Submitted By: Anonymous (Washington)

I had a back injury car accident and I’m not sure how to proceed. I was turning left after the arrow turned green for me to turn. A car facing the opposite direction on the street I was turning into suddenly decided to turn into my lane to enter a gas station.

I t-boned his car at around 15 mph. I have had back pain before but was not currently being treated at the time. I have pain now in my lower back, the same as it was around a year ago.

Is the other driver’s insurance company liable after the car crash re-injured my back?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

A great way to determine liability is from a thorough review of the Police Report. If the Police were called to the scene they may have listed in their report their opinion of who was at fault.

When a person has a “preexisting injury” the insurance companies will rarely agree to pay for your injuries; and even if they decided to pay, the amount they would agree to pay would be quite small.

You referred to a one year period since the original injury. You should know there is a 2 year time period, referred to as the Statute of Limitations, within which you have to either settle a case or file a lawsuit. Once that time passes you may lose your legal right to file a lawsuit and therefore won’t get any compensation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 12, 2011

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