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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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I was injured in a rear end accident and not at fault.

Resolved Question:

Injured in  rear end accident not at fault. Still under treatment, had a one car accident coming upon scene of a car accident on the hwy& wasn't ticketed. Whiplash Injuries renewed; also cervical stenosis. Is 1st accident insurance still responsible for existing injuries? live in Ga.
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  TexLaw replied 3 years ago.
From my understanding your neck was first injured in a rear end collision. While you were still receiving treatment for that injury you were involved in a second collision which aggravated the neck injury.

You want to know whether the insurance claim from the first collision will cover the aggravation caused by the second collision.

Technically, under Georgia personal injury law, the second collision has caused a new injury event. That is, an aggravation of a pre-existing injury is an event which can relieve the liability of the original tortfeasor, as there is now a break in the link of causation and damages. In other words, the original insurer would be responsible only for the damages caused by the original injury.

In practice, this often results in a double recovery as the first insurer will never learn of the intervening cause.

Were you at fault in the 2nd collision?
Customer: replied 3 years ago.
Not cited. Came upon hwy 2 car accident w/DOT intervention; car in right lane came into me & I swerved to not hit him. Slight rain; I lost it & hit the median wall- other car kept going. My ins. paid PD; no BI filed. Receiving Epidurals for Stenosis diagnosed w/1st accident, but not filed on claim.
Customer: replied 3 years ago.
I'm submitting my demand letter & regarding future P&S. 2 EPI's & a 3rd to complete. Still not quite up to snuff & do have pain every day.
Expert:  TexLaw replied 3 years ago.
I see.

The second accident should also be covered under your UIM (Underinsured/uninsured) policy. This policy is triggered in situations where someone forces you off the road negligently and then doesn't stop to provide you with their insurance information. Also you should be able to recover some money for the additional medical treatment necessitated under your PIP (personal injury policy).

In short, your plan on the demand letter is a good one and you need to pursue it. However, you also need to be wary of the statute of limitations. Remember that if you don't file suit within the 2 years from the original accident against the original negligent driver, then the insurance company doesn't strictly have to pay your claim.
TexLaw, Attorney
Satisfied Customers: 4430
Experience: Lead Personal Injury Trial Lawyer
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