Fremont, CA asked in Contracts, Personal Injury and Car Accidents for California

Q: I was basically rear ended a few days ago and the guy offered to pay cash and we got a doc together. Now my neck hurts.

I was rear ended a few days ago and the guy offered cash and we wrote a document. Fast forward to today my neck hurts. No insurance was involved, but I want to involve insurance now. On the document I used a nickname and there is only a date. It says after the payment is received, this incident with be complete. Not allowed to be further investigated. I don’t know what to do. Should I contact insurance? How about the document that I signed?

5 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: contact a lawyer in your state to determine what the law says about the kind of "contract" you signed and whether you can still pursue this.

his insurance co may not pay b/c he did not report right away

William John Light agrees with this answer

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Personal Injury Lawyer
  • Mill Valley, CA
  • Licensed in California

A: You may still be able to pursue a personal injury claim. If you didn't know or suspect you had a claim for personal injuries when you entered into the agreement, a release may not protect the defendant. The document you describe doesn't sound airtight. Not to say it will be an easy case, but since most personal injury lawyers offer free case evaluations, you should talk to a few. Be sure to get appropriate medical treatment.

William John Light agrees with this answer

Vivian Francisca Yochelson
Vivian Francisca Yochelson
Answered
  • Personal Injury Lawyer
  • Woodland Hills, CA
  • Licensed in California

A: You should contact a lawyer with a copy of the document you signed to see if it is a valid and binding release. Also, it’s important to know how much property damage you had to your vehicle and how much damage to the other vehicle as well. Most importantly, if you are hurt, you should seek medical attention immediately and not wait any longer.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Sounds like you signed a release, which would bar your claim. Impossible to say without reading it and doing some research however.

I agree with Mr. Gribow about the potential inapplicability of the other guy's insurance since he didn't notify them of the claim.

David Alan Wolf
David Alan Wolf
PREMIUM
Answered
  • Personal Injury Lawyer
  • Jacksonville, FL

A: You should contact a local personal injury attorney. You may have executed what is ultimately deemed as a Release. The wording of the Release may be vague to the point that it is not enforceable. I would not recommending having contact with the insurance company at this time. If you hire an attorney, the attorney can handle further contact with the insurance company.

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