What do I do when I was rear-ended and I was injured severely?

UPDATED: Dec 3, 2011

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What do I do when I was rear-ended and I was injured severely?

As, I was waiting for the light to turn for the next intersection. I was suddenly rear-ended from behind and taken to my surprise, she was on the phone. As we both checked our cars, I saw that there were no sustain damage taken from both of our vehicles, but as we exchanged each others insurance, I felt a severe pain in my lower back and my neck region. Should I take this to court? Their insurance decide not to pay for my medical bills because they said my car was not severely damage enough to cause that much pain. What should I do?

Asked on December 3, 2011 under Accident Law, California


L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Thank you for submitting your question regarding injuries sustained from a rear-end accident.  Even though most of us have the general understanding that when you are rear-ended in a car accident that the other driver is always at fault, but it is not always a cut and dry situation.  Not only would you need to prove that the other driver was at fault for the accident, you also need to prove that you have injuries resulting from the other driver’s negligence. 

Insurance companies will generally calculate the type of damages that a person sustained from an accident based on the extent of damages to the person’s vehicle.  While it may seem unfair that insurance companies judge a person’s injury by what the vehicle looks like, it assists insurance adjusters to separate the truly injured people from those just trying to make a buck.  However, there are cases that people are injured even when there is no damage to the vehicle.

If you are currently injured and believe that you will need medical treatment now and possibly into the future due to this accident, you may want to contact a personal injury attorney in your area that can assist you with your case.  A personal injury attorney’s knowledge will assist you with gathering all the information you will need to support your lawsuit, including the doctor’s reports regarding your treatment.  If you have doctor’s stating that you have new or exacerbated injuries due to this accident, then it is likely that you can be compensated for your injuries. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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