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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Default Whiplash Compensation

    I was rear-ended in an auto accident this past January (Marin County, CA), and suffered whiplash injuries. Two months later I was rear ended again, this time in Oakland, CA, and again hurt my neck and back. Both times I had been at a complete stop at traffic lights and hit by drivers who weren't paying attention. Damage to the car (same car) exceeded $1000 both times.

    I am hoping to settle both claims without attorneys, but would like advice how to present claims for injuries when the accidents happened so close together. I assume the insurance companies will claim that the other accident was the cause of continuing injury.

    Also, I had been involved in a bad whiplash accident 20 years ago, and never fully recovered from it. How do I separate out what injuries were caused from the two recent accidents, from the lingering pain of the old accident?

    Any advice would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Whiplash advice

    Quote Quoting patmdoyle
    I was rear-ended in an auto accident this past January (Marin County, CA), and suffered whiplash injuries. Two months later I was rear ended again, this time in Oakland, CA, and again hurt my neck and back. Both times I had been at a complete stop at traffic lights and hit by drivers who weren't paying attention. Damage to the car (same car) exceeded $1000 both times.

    I am hoping to settle both claims without attorneys, but would like advice how to present claims for injuries when the accidents happened so close together. I assume the insurance companies will claim that the other accident was the cause of continuing injury.

    Also, I had been involved in a bad whiplash accident 20 years ago, and never fully recovered from it. How do I separate out what injuries were caused from the two recent accidents, from the lingering pain of the old accident?

    Any advice would be greatly appreciated. Thank you.

    My response:

    You should have retained a local Personal Injury attorney, and I imagine you're just now figuring that out. To attempt to explain how this may be accomplished, and then to answer all of your follow-up questions, would take too long. Suffice it to say, between you "giving away the baby with the bath water" to the adjusters, and the fact that you had two accidents so close together, is going to be exceedingly problematic for you and any attorney willing to take your claims. I wouldn't take your claims; however, that doesn't mean that there's some attorney out there that wouldn't.

    Make some phone calls.

    IAAL

  3. #3
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Whiplash advice

    You needed an attorney after the first accident, IAAL is right the best attorneys to handle such a claim will likely refer you elsewhere, you might ask some friends for referals to start, most will question you over the phone and it might be a good idea to compile a chronology so you have the facts together and are able to answer questions about your history and injuries. The fact that you have a history of Whiplash injuries, you may also have suffered what are called CHI or MBIT's (closed head injury or mild traumatic brain injuries) this can complicate the litigation and require expensive IME's to establish your injuries.

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