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?

Related Topics:
3 Lawyer Answers
Omid Rejali
PREMIUM
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
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
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, 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.

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.