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2nd No fault accident in 1 year.?
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 - 6:29 am
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.
28. March - 6:29 am
You said that you have an attorney.
If that is the case – ask him. You are paying him a huge part of any settlement you get.
28. March - 6:29 am
If you lose on this case, I would seriously consider moving out of the "geezer" state. Also I would get a better lawyer. It should not be your fault that someone else hit you, your lawyer may be seeing you as unlucky driver. You did not state your age, are you a seasoned citizen? If not, then I think you are being singled out as an inexperienced driver. Just my thoughts, in the real world these things are real………I wish you luck