Anyone familiar with CA accident law/procedure?

[AZ Vic]

Hey all,

I travel for work and currently am in Salinas (Monterey) area. I was rear-ended in my bucket truck yesterday while at a standing stop waiting for a group of farm workers, who were crossing the road. I nearly hit the car in front of me, but did manage to avoid it.

The guy hit me at an estimated 25-30 MPH, and partially swerved to avoid me. He was driving a newer ford pickup, and I was in my 89 Chevy 1 ton bucket truck (also known as a cherry picker). His airbags deployed, and the whole driver's front of his truck is wasted - he couldn't even open his driver's door. I believe he also ended up with some internal injuries from hitting the steering wheel, along with airbag burns. My neck and back were really hurting me at the scene, so they did the whole neck collar and flat board thing... I felt like a cheap lawyer commercial.

They took me to the ER and x-rayed me and released me saying that no bones were broken, and said I should seek follow up care. My back and neck are still extremely sore and I am very worried about what the future may bring. I am only 26 and I have to carry over 100 lbs of gear at times to perform my work, I also have to climb telephone poles using a belt and gaffs.

As for my truck, my rear bumper is folded under and into my pass side bin (it has a utility bed). I can NOT open that bin... i had to pry it open enough and hold it open while another guy reached his arm in got a few things out of there. I do not know if they will be able to fix it, or if they will have to pay for a new bed.

I do not want to involve a lawyer, I would rather settle it with the insurance company myself. Is anyone familiar with the procedure here in CA? My dad said that I can expect medical for the next five years... I am losing work as well. I have a friend that works for me to - he was in the truck but is not injured... just sore. He was sitting side ways slumped down and huddled up... so his neck and back were supported.

I did not recognize the name of his insurance company...

I am worried that if i do not get a lawyer that i will not be compensated fairly, on the other hand, I am afraid that a lawyer will just write a couple letters and take 40%...

help?

Thank you very much in advance,

Vic

 

[phil conrad]

I think I would do the following. Go to a doctor of your choice. Find out for certain if you have any long time injuries. If you do I imagine you will need a lawyer. If you do not I would wait and see what the insurance company offers. Several years ago I was rear ended at a stop light. I was not hurt . If they are unfair you will need a lawyer. The other persons insurance company was very fair in that I got my truck fixed and they paid for a rental car. I did not want to get into the lawyer scam nonsesne. I hope you feel better soon.

 

[bruce]

Originally posted by AZ Vic

Document EVERYTHING. How you feel, every legit pain, and feeling. Just in your own words how you feel, on good and bad days. At least every other day. Once a week, and your just wasting your time.
See your own regular Dr., or a Dr. that comes highly recommended. Sports Medicine Drs. tend to have alot more clues then the average GP for soft tissue damage.
It's all about having a paper work trail. Weither you get a lawyer or not.
If you don't agree with a Dr., get a second opinion. If you have a good Dr, then follow what he says to the letter.

 

[Reggie West]

In CA the guy who rear ended you is liable period.

His insurance company knows this and they will try to get out of paying anything as cheaply as possible.

I highly recommend you get a lawyer. Yours is the type of case they salivate over. Get the slickest snake you cant stand and let him have the case. They all work on a contingency basis so there should be no out of pocket expenses for you.

This guys insurance company will have to pay for your truck, any lost wages because of the accident and all medical expenses you incur.

 

[AZ Vic]

Thanks guys!

I went for my ROF(report of findings) at the chiropractor's office today and found I have multiple subluxations - ie vertebraes out of whack... He said I would need an intense (5 days a week) period of correction for about 2 weeks and then a total of approximately 12 weeks of adjustments to get back on track. As well as an on going maintinence for the next couple years of 1-2 times a month.

I consulted with an attorney and they said that more than likely, this is just a minimum policy (15,000) and that I would not end up with much after 1/3 fees and med bills.

I think I will see how they handle the truck, since that is seperate from injuries and can be settled now - then decide if I need an attorney if they give me a hassle over what I believe is fair.

I was rearended once before in Maryland and my vehicle was totaled (it was older so 3000 considered it totaled) That insurance company was very fair and compensated me for pain and sufering as well as time off.

Reggie - The CHP said that, in California, just because someone rearends you - does not mean for certain that they are at fault. I guess that there can be certain instances where they would not be liable - that is not the case with my accident, the other driver was sited.

Thanks again for the advice,

Vic

 

[azgn]

sadly, unless you were legally parked, the ins cos will assign some liability to you for just being there....called "contributory negligence"

dog crap attorneys won't take a case like this unless there are some deep pockets to mine

sorta sounds like the chiro guy is trying to line his pockets too....I would go get another opinion and not mention any insurance was involved