Rear ended by driver trying to "piggy back" into a keycard-only entrance...

by Taurus
(Los Angeles, CA)

I was rear ended by a person trying to piggy back to get inside of a keycard-only entrance to a building. They did not have a key card, but I did. I don't know this person. They basically sped up after me to enter the building, and in doing so collided with the rear of my car.

They accepted all responsibility and I filed with their insurance for my injury and car damage. After 3 days, my neck pain went from a level 8 to a level 4. I informed his insurance I felt that with rest I would heal, and I dropped the injury claim.

They paid the car damage portion, but two weeks later my neck pain went up to a level 10 again. I went to the emergency room and I was diagnosed with a neck strain. My question is, can I reopen an injury claim? I'd like to at least get the emergency room bill covered, and a little something for the pain I've gone through. Thanks.

Visitor Question:
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ANSWER for "Rear ended by driver trying to "piggy back" into a keycard-only entrance...":

Taurus (Los Angeles, CA):

There aren't any laws in California prohibiting an insurance company from reopening a property damage or personal injury claim. Unfortunately, the insurance company may not be as cooperative as you might hope.

When you received the check for the property damage, it's highly likely you signed a separate Release Form indemnifying the insurance company from further liability and legal responsibility to pay you additional amounts for your property damage or personal injuries.

If you didn't sign a separate Release Form, the check you endorsed and deposited into your own account (or cashed) likely had on the endorsement side of the check language releasing the insurance company from further liability for property damage and personal injury. Even if the check from the insurance company went directly to the repair shop, you still would have endorsed it.

If you are confident you didn't sign a Release Form, nor endorsed their check under the release and indemnification language, then you can try to convince the insurance company to pay additional amounts for your medical bills, etc. If the adjuster hasn't yet closed the file, you may be able to convince her to cooperate.

Before proceeding, you will need a medical narrative from your doctor connecting your injury to the car accident. The adjuster won't pay any additional money without the narrative.

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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