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I had one accident in April 2007, and I had one last week. And interesting thing is on both accident, I was not at fault. In the first accident one drunk driver hit me from the back and on the second accident one careless driver hit me on a traffic light/Red light. On both occasion, I was not at fault. On the first accident I was injured in the back, and I sometimes still feel pain and on this second accident, my car is totalled and I am hurt again. One of the attorney told me that my case is weaker the second time because I had a previous case (the last case is pending) and I the injuries in this accident could be linked to previous accident.
So what should I do any suggestion. I am in florida.
2 comments on this topic
28. March - 6:27 pm
Well in any case your back/neck pain MUST be paid for by the insurance companys till the doctor says your better. GO to EVERY one of your appointments. As to HOW MUCH money you get usually is set by the Doctors bill usually you get 3 times the what the doctors bill is BUT you have to pay the doctors bill out of that. So its basically 2 times. If your hurt your hurt and maybe even more now so you will have to go to the doctor longer getting you a bigger settelment. Can’t work MO MONEY, no car? RENTAL CAR!. I allways suggest to NOT drive your old car even if its running so the insurance company has to pay for a rental car, they want to settel up on the damage to your car NOT your physical damage as fast as they can to stop the bill from going up and up and up. So its a win win situation all the way around. I STRONGLY suggest you get rid of that attorney they usually get what you can get without them plus you have to pay the attorney leaving you next to nothing. Just go by the 3 times rule and you will do ok. As to the settlement over the car PUSH PUSH PUSH for more. A lot of times people get more for their car than they thought…
28. March - 6:27 pm
Prior poster has no clue what he/she is talking about. Insurance companies do not formula price!
Any way, your attorney is correct which is something I usually do not say.
If your injury is to the same body part and you did not reach a medical end result which you admit you did not, then the second loss will be considered an aggravation or exacerbation of a pre-existing injury. This also holds true if you were given a permanency rating for the first loss. If I understand you correctly, your first loss is still pending, so it is possible that the total value of this loss will be reduced, since now you are dealing with a "Closed Period" for your first injury.
The claims adjuster will take into consideration you prior loss, and the total value of the claim may be reduced. Basically if you will only receive compensation for a new injury and/or the amount of treatment, disability etc. in which it takes you to return to your baseline condition. The accident occurred last week, how do you even know that you will be tort eligible?
FYI – the adjusters will know about your prior and subsequent losses. All injury claims are reported to the Central Index Bureau and/or ISO. You are not going to be compensated for the same injury twice if you did not reach a medical end result from the first.