I stopped at a yield sign because a car was coming at a moderately fast rate. I was rear ended by a young man in a hurry who said I should have gone on. It was quite a jolt to me, and even though there was no visible damage to my bumper, I thought we should exchange information.
He wouldn’t give me his name or insurance information. He yelled at me in a mocking way and drove off leaving me standing in the road. He didn’t even come up to my car to see if I was OK… I finally had to get out and see what happened. (At that time he had backed two car lengths away…I think he was getting ready to leave the scene then.)
I felt shaky and nervous, but I didn’t know I was injured until hours later…actually when I woke up the next morning. I allowed EMS to check me out, but didn’t feel that I needed to ride in the ambulance. On the report I did say something about my neck. My doctor gave me a prescription for physical therapy for my neck and I stayed with this for several months, but didn’t feel a whole lot better.
Eventually, an MRI showed a large herniated disc at C6 and 7. The doctor said if it had not healed since the accident then it would not be healing, and it definitely needed surgery. I had the neck surgery, but my shoulder pain continued and kept getting worse (the doctor had thought it was coming from my neck). And then had to have rotator cuff surgery.
Do you see links that would be a good court case even though I didn’t know I was injured at the scene?
After the surgery I missed a lot of school (as a teacher)… most of the year. I still have pain.
Do you think my neck and shoulder problems would be a result of the rear end accident? I was turned to the left watching the oncoming car when I was struck. Any information on this matter would be helpful. Thank you.
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.
From the facts you present you appear to have a strong case. Whether you knew you were injured at the scene or not is irrelevant. What is relevant is that you were injured as a result of this fellow hitting you from behind.
After an automobile collision almost everyone’s adrenaline “kicks in”. That adrenaline is a natural suppressor of pain – at least for a while.
As long as you hadn’t previously injured your back, your case should be viable.
Even though you were not at fault you still need to contact your own insurance company. Doing so is not a “black mark” against you and, as long as you were not at fault, shouldn’t affect your policy or monthly premiums.
Contact the at fault driver’s insurance company. By now he should have already contacted them and established a claim. There will be a claim number assigned to your case. Keep it in a safe place because you will need to refer to it many times as your case progresses.
Tell the at fault driver’s insurance “Claims Adjuster” what happened. She will want to take your recorded statement. Give it to her. It’s perfectly normal and will only serve to help your chances of prevailing.
Continue your medical treatment until you are cleared by the doctors. Save all of your receipts for out of pocket expenses you had since the time of the collision. These out of pocket expenses can include, but are not limited to, prescription and over the counter medications, bandages, slings, and any other related items.
Pro rate the amount of gasoline you’ve used to drive back and forth to your doctors and the therapy appointments for your back. If you missed any work make sure you secure verification from your school administrator.
If you have questions about the process you always have the option of contacting a skilled Personal Injury Attorney in your area. Most Personal Injury Attorneys do not charge any fee for an initial office consultation. Seeing one can only help. At least you will know what your legal options are and what your chances of success may be.
Learn more here: Hit and Runs / Leaving the Scene
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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