Okay guys, July 2006 I was at a traffic light and got rear-ended, nothing was wrong at the time and I was late for school so I just said it was fine and we left. That weekend my back hurt so bad and I never had back problems before. There is a camera where the accident happened. I e-mailed a lawyer and told him about my situation. Do you guys think I am out of luck because I didn't get his info at the accident or do you think a lawyer will be able to pull the tape and sue him for my back injury? Thanks.
2007-05-07 02:47:31 · 9 answers · asked by sandra m 3 in Cars & Transportation ➔ Insurance & Registration
I did not do anything to my back other than the car accident. I have 2 years to sue. I live in NJ.
2007-05-07 03:11:36 · update #1
did you exchange info , if so then you have some proof that the other person was there and you have a case
2007-05-07 02:52:39 · answer #1 · answered by jim m 7 · 0⤊ 0⤋
You are likely out of luck. If you didn't report the accident to the police there is no record of it happening, and even if there is a camera at the intersection the likelihood that the footage you are looking for still exists is very small.
Plus the fact that this was almost a year ago means it is very unlikely anything could be done. Dealing with a lawyer would likely be a waste of your time. You might have had a better chance if you contacted a lawyer the weekend when your back started hurting.
The other think would be you'd need proof that your back hurting was caused by the accident (i.e. a doctors report). How would the court know you didn't throw your back out lifting heavy boxes or something like that?
2007-05-07 03:00:06 · answer #2 · answered by forestpirate 3 · 1⤊ 1⤋
You are learning a lot of tough lessons on this one. ALWAYS call the police to document the accident and car damages because you never know what will happen.
While it is not unusual for pain to take up to 48 hours to develop you have very limited options as far as making a claim. Since it appears that you have no info on the other driver the only chance (and it's a small one) you have is to make an Uninsured Motorist Bodily Injury (UMBI) claim to your own company. This assumes that you were insured and that you had UMBI coverage on your policy at the time of the accident. You will also need to prove there was damage to your car so I hope you took photos of the damages. If there are no damages to the car you will have a big fight to make a UMBI claim.
If you did not have insurance you are screwed as I doubt the camera you are talking about will be of any assistance in locating the other party.
Next time screw school and call the police. It will save you from all the stuff you are trying to figure out now.
Good Luck.
2007-05-07 03:16:48 · answer #3 · answered by fighting saints 6 · 0⤊ 1⤋
Well, let me start out by saying that I think you have waited to long, but HEY.. what do I know.
FIRST: go to a doctor and find out what is wrong with your back. Sounds pretty simple eh? Then why have you STILL waited? Not only is that a practical question but it is one that any judge will ask you. You also have not mentioned how your back is TODAY.. only how it was about a year ago. If it has healed, then why the big fuss after so long. It makes it seem like it is really a matter of money and not your health that is motivating you, and that is not something that goes over well in court.
SECOND: Do you still have the contact information of the other party. If so you can consider simply making a claim to their insurance company directly or thru your insurance company
THIRD: You didn't say what the 'internet' lawyer said. But any good lawyer is more likely going to want to sit down and discuss the matter with you vs. a simple email.
Bottom line here.. you need to act consistently and with a goal toward mitigating your damages (your back). It does not sound like you really have.
(my 2 bits worth at least).
2007-05-07 04:22:37 · answer #4 · answered by ca_surveyor 7 · 0⤊ 1⤋
It is going to depend on the laws in the state you live in. Unless the traffic camera caught the actual accident, you are out of luck. Also, most traffic cameras only activate if someone is in the intersection at the time the light changes. Just a tip for you, in this case there is nothing that a lawyer can do for you that you can't do on your own. I am an Insurance Agent in NC. You can file against your own policy if you have that kind of coverage on your policy but it is limited coverage. Also, any company would want to know why you waited so long to file a claim.
2007-05-07 02:59:49 · answer #5 · answered by moninixon 1 · 0⤊ 1⤋
You might be out of luck, as there is a possible defense that your current back injuries are not due to the accident, but are due to something else. Having said that, you can always sue and you may be able to get the video (if there is any) using the Freedom of Information Act, but if I was the judge I don't think I would find for you.
Good luck, and next time, report it to your insurance immediately.
2007-05-07 03:01:53 · answer #6 · answered by merigold00 6 · 0⤊ 1⤋
It is ALWAYS best to have an officer come to the scene and report the accident. You may be able to get this covered but it is highly questionable. I would only hire an attorney who will take this as a contingency case. In other words, he only collects pay if he wins the case for you.
2007-05-07 02:54:13 · answer #7 · answered by CountryLady 4 · 0⤊ 1⤋
the camera is for the computer to see when to change the light there is no tape
best bet is to talk to your insurance company or you can try to find the guy on your own make a poliece report that may help
2007-05-07 02:55:27 · answer #8 · answered by mobile auto repair (mr fix it) 7 · 0⤊ 2⤋
Call your insurance company and you can still file a police report and see what happens.
2007-05-08 03:48:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋