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?
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
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.
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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.