Sacramento, CA asked in Car Accidents for California

Q: Can I reopen a claim with lyft from last year?

I was a passenger in a lyft vehicle in 2017 and was in an accident. My driver went straight onto the train tracks and hit the railing. her windshield ended up shattering and we almost got hit by the train, luckily we didn't. I decided not to go on with the claim last year as I was in too much annoyance and pain to deal with them after they ignored me for days. I told the claims adjuster that I didn't want to go on with the claim and never heard back. Now, a year later, I am still suffering from pain, but also PTSD. Unfortunately, I did not go to the hospital to get the xrays done as they wanted me to, however I was diagnosed with anti-depressants and 5 other pills I had to take daily for the pain make it a total of 6 pills a day for months that I had to take. I am too scared to drive to big places or across train tracks. I just want to be able to drive everywhere without being scared. What can I do?

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3 Lawyer Answers

Omid Rejali

Answered
  • Personal Injury Lawyer
  • San Diego, CA
  • Licensed in California

A: The statute of limitation for personal injury claims is 2 years. You should not have any issues pursuing the claim. I would recommend contacting an attorney local to the place where the collision occurred to evaluate you case.

William John Light agrees with this answer

Dale S. Gribow

Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info need.

prepare a summary for a lawyer in your community who handle accident cases which has a 2 yr statute of limitations.

the issue is your damages. Did you receive any medical treatment? how much? how many docs?

if you have treatment contact me and i will try to get a lawyer in your area for you..............................

dale@dalegribowlaw.com

William John Light agrees with this answer

William John Light

Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: You are within the statute of limitations but your delay in seeking treatment and your prior statements to Lyft can be damaging. First thing is to get medical attention. PI claims aren't worth anything without injuries and medical treatment. If you have a significant injury causing you ongoing physical pain, your case might be worth pursuing. PTSD, by itself, is difficult to prove and to receive adequate compensation. By claiming PTSD, you also open yourself to a complete examination of your prior mental health. Any family disputes, mental illness, counseling, psychological trauma, etc., becomes fair game for the defense to try to blame some other cause. It can be a lot to bear, and I wouldn't go into it blindly.

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