QuestionI was at a complete stop at a 4 way stop sign with 2 other cars in front of me when an elderly woman came from behind (I did not see her) and she rear-ended me. She wasn't going very fast(under 15mph) minimal damage to my car (approx.$300) and no damage to her car. Filed police report. Her Ins paid my car damages. No injuries at scene but had Dr. appt already, and accident documented. At time of MVA I was leaning forward, hands resting on bottom of steering wheel to see why everyone was taking so long and my head went back & forth so hard that my teeth clanked on my chest. Here is where it gets complicated... I was in a devastating MVA in 1998, 4 1/2 mos in hospital, severe injuries still dealing with after effects chronic pain, daily limitations, etc. In the present MVA I began experiencing a Headache that evening, neck stiffness (still ongoing 2 wks later) In addition I am having nightmares and anxiety when needing to drive have almost quit driving completely. I have had no recollection of my 1998 MVA until I was hit and now I am paranoid and scared of driving and getting into another MVA. I live in NY and know about section 5102 of Ins. Law about Serious injury. Do I have any other recourse in exception to if god forbid this lasts more than 90 days? Can I sue the driver at fault in small claims court for pain and suffering or damages? Please help...I am limited and already in chronic pain now due to this MVA I have acute neck pain, constant headaches and mental issues! My PC doctor has perscribed Phys Therapy for neck sprain and counseling What can I do?
AnswerDear Amy,
Although my website does teach injured people how to present and settle their own personal injury insurance claims http://www.SettlementCentral.Com
your injuries are so serious and your case is so complicated that I think you need to get a good personal injury attorney as soon as possible.
Here is why I say that. You likely will exceed the NY serious injury threshold. You have substantial injuries that are caused by a light up of a previously asymptomatic condition.
For that you will be compensated fully.
But your preexisting condition also made you more susceptible for injury with less trauma. This is like the case of the egg-skull-plaintiff wherein you get compensated for ALL injuries, even if "normal" people would not have been injured.
You also have a serious emotional distress claim. You will need the report of a doctor or a licensed therapist to prove that claim. But you cannot wait around to get help. You need to get into therapy ASAP. An attorney can help to arrange for that care.
Finally, NO, you man not use small claims court. Please do not even think of it. A filing there could exclude your attorney from filing anywhere else should your claim warrant it.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
