I was rear ended in Febuary by a reckless/uninsured driver in an old work truck (carpenter by appearance) who had first tried to cut me off, then tried to intimidate me by seeming to try and ram my 2014 Tacoma, twice. He succeeded on the second attempt, and going approximately 60 mph he smacked into me.
If I had braked when he hit me I’d very likely be dead right now, instead, he hit me while we both were traveling along at about 60 mph. The result was $1,000 dollars in damage to my solid chrome bumper, and a good solid snapping backward of my head as I was in the process of turning and looking back toward the right lane (to see if I could safely move back into it and avoid him).
I am already legally disabled due to my cervical spine, and I receive SSDI. I treat for my neck once a month and that was where I was coming from when this happened. Things were largely under control then, now not so much.
Currently, I have expended approximately $25,000 of $25,000 in medpay, with at least one more appointment still ahead with the orthopedic surgeon (another series of injections) and a possible surgical procedure after that to deaden the nerves!
Here’s the question… there’s not much damage to my car, but a hell of a lot to my cervical spine. Is this a good basis for a claim, or is it going to be tossed because there is less then $2,000 in vehicle damage?
The other driver received two citations: no insurance and driving to close. I am 100% not at fault! The claim is against my own insurance company, my policy covers uninsured drivers at $100,000/$300,000. Thanks for any perspective you can give on how to handle this claim.
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.
For you to succeed in a personal injury claim filed with your own insurance company will require medical evidence confirming your new injuries were separate from your prior injury, or that the exacerbation of your prior injury can be clearly defined.
While you allude to what was quite obviously a criminal action, or multiple criminal actions by the other driver, there is no mention of a police investigation, a police report, or an arrest of the driver.
The minimal amount of damage to your car doesn’t automatically diminish the seriousness of your injuries. People have been seriously injured in minor crashes.
While a police accident report or evidence of the arrest of the driver will not conclusively result in a successful injury claim with your insurance company, without one you will have a credibility problem.
If the driver was issued two citations, there should be an accident report. Seek it out and be sure your insurance has a copy of it. At a minimum, doing so will support your claim.
Learn more here: Uninsured Motorist Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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