Injuries after car accident
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Injuries after car accident
I was rear-ended 2 weeks ago and I have been in constant pain every since and go to my doctor weekly. I was perfectly fine before the car accident but after I got hit I suddenly had neck and back pain from the accident. I left the accident by ambulance to the hospital. I just got the police report and it stated that my
injuries were not consistent with the accident. I talked to the police for maybe 30 seconds before I went to the hospital. The driver that hit me his insurance doesn’t want to pay the medical bills because of what the police officer put in the report. What do I do?
Asked on September 13, 2016 under Accident Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The police report is evidence, no more and no less--it is not a binding legal determination. You can sue the at-fault driver (and a driver who rear-ends you is almost always at fault, since he or she is expected to maintain a safe following distance and speed) for your injuries and property damage (such as to your car), plus any other losses or costs you incurred directly attributable to the accident, like lost wages, if any (you sue the driver who hurt you, not their insurer; their insurer may step in to defend and/or pay for them, but that is between them and their insurer). If you can prove that the accident caused your injuries, such as with credible medical evidence (e.g. doctor's reports and testimony), you can recover compensation. The other side may introduce the police report to support their position, but it should be fairly easy to minimize or discount in trial: the officer is not a trained doctor, did not examine you, did not conduct tests or X-rays, only spoke to you for a minute or less, etc, all of which substantially undercuts its value and reliability.
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