I was involved in a car accident over the weekend- I was making a left hand turn with a green arrow on to the highway and this guy blew through his red light and t-boned me going about 45mph. Needless to say the car was toatled and I was pretty sore and I told the police officer and he asked if I wanted to go to the hospital- I was out of state and I didn't know anything about where I was and had no family close so I refused and signed a release from the ambulence stating that I wouldn't go to the hospital. Now 4 days later I have HORRIBLE back pain- no joke I can't even sit up straight- I am going to the chiropractor tomorow but my question is- If the chiropractor finds some damage (which I'm sure he will) am I still able to sue the guy that hit me even though I refused medical attention at the scene? I guess its important to say that we have the same insurance company and that the other driver was sited for running a red light and causing an accident- i wasn't at fault at all.
2007-11-13 16:07:41 · 7 answers · asked by Cherry 1 in Politics & Government ➔ Law & Ethics
At the scene of the accident, you had no duty to accept medical care, and if the guy who hit you is found liable, he is responsible for damages to whatever degree the court finds, regardless of if earlier medical attention would have alleviated some of them or not - "the defendant takes the plaintiff as-is"
same if you were more susceptible to injury because of a prior medical condition or some flaw in the design of your car . it's the defendant's fault that the damage occurs, so the defendant is liable for ALL damage naturally flowing from his negligent acts.
2007-11-13 16:16:50 · answer #1 · answered by Shell Answer Man 5 · 0⤊ 0⤋
First off, go to a real doctor, not a chiropractor.
Second, signing a release on scene is only for the legal protection of the ambulance company. Not a release of your right to seek medical attention.
2007-11-13 16:14:20 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Yes you may be still be able too. A good lawyer can help you with this. You see you were in a state of shock, not thinking rationally. Call several lawyers and find out what they have to say concerning this.
Good luck and I hope you recover soon.
2007-11-13 16:14:48 · answer #3 · answered by Bear Crap 7 · 0⤊ 0⤋
medical interest don't have been refused. They have been wong there have been people who broke many bones and have been given up and walked around for days and not found out simply by fact they have been in marvel. those adult males can exceedingly plenty get sued.
2016-11-11 11:13:08 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You can sue, but declinig medical treatment at the scene surely weakens your case.
2007-11-13 16:47:03 · answer #5 · answered by TedEx 7 · 0⤊ 0⤋
make decision on this sooner rather then later so as to cover sum doctor bills and check with other drivers insurance and your lawyer if need be and other drivers insurence conpany.
2007-11-13 16:19:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
In our society you can sue anybody, anytime, for anything. The answer to your question is yes.
2007-11-13 16:21:18 · answer #7 · answered by Hirise bill 5 · 0⤊ 0⤋