Low Speed Car Crash Causes Back Injury...

by Anonymous
(California, USA)

My wife and I were stopped at a yield sign due to traffic when we were in a low speed car crash - another driver rear ended us. He was cited for unsafe driving and admitted he was not looking. His car impacted ours at 16 mph.

The insurance co took 100% responsibility for the accident. EMR did respond as the police were called, but I did not wish to go to the hospital. My seat back went partially backwards and my head snapped over the back of the head rest. My neck was sore and my lower back was in pain.

I ended up going to a chiropractor and was treated for about 4 months. My wife ended up seeing the same doctor three weeks later as she could not stand upright, and was treated for a shorter time.

In total there was about $7,100 in bills, but now the company is refusing to pay all the bills stating the accident was minor. We are reasonable people and we're not looking to defraud anyone, we just wanted to be treated fairly. We did suffer an injury and did end treatment upon feeling better. Can you tell us what a reasonable settlement should be? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Low Speed Car Crash Causes Back Injury...":

The insurance company cannot deny your claim for compensation on the ground that the accident is a minor accident. You should consult with an experienced personal injury lawyer and file a lawsuit against the other driver and the insurance company for compensation.

You can get Out-Of-Pocket Damages including the actual cost of medical care and treatment and loss of income. You can also get compensation for specific injuries including injuries such as a broken neck. You will also be entitled to compensation for the pain and suffering that you have suffered and endured. It can be difficult to place an actual value on pain and suffering. You can also seek compensation for temporary disability. In your lawsuit you must prove that the other driver was negligent.

In your case, the other driver has already admitted his negligence. If you have all your bills and medical records with you, the court will order the insurance company to pay you for your medical expenses and other damages.

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

Best of luck,

Judge Calisi

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