I was hit from behind - my car was totaled and I have neck/shoulder injury. Can I sue?

Believe it or not, your claim could be quite valuable - more than you would probably expect - depending on several factors. Your question left out crucial information, however. So in order to intelligently tally up your potential damage claim, I would need the answers to numerous other questions, such as were you transported from the scene in an ambulance? Did you go to the emergency room? Did you undergo any expensive diagnostics, such as an MRI or a CT scan? Have you followed up with your medical treatment, such as with a chiropractor or physical therapist? Have you seen your general practitioner? Does your auto policy have uninsured/under-insured motorist coverage? Etc., etc. I would be glad to go over your answres to these and other questions. 1.866.643.HURT (4878).

Here are a couple items that haven't been addressed yet:
First: with regards to your property damage, the value of your vehicle you are entitled to receive is not the appraised value (which the insurance companies will tell you it is) but the price of the last actual sale of a vehicle most like yours).
Second: You are entitled to the rental value of a car like yours regardless of whether you actually rent a car, from the day of the accident until the day you are paid the value of your car.)
Third: You are entitled to lost wages that you can prove. Make sure you get a note of temporary disability from your primary care doctor or chiropractor.)
Fourth: In California, you sue the person liable and his insurance company has a duty to pay. If his insurance limits are too low, you can use you own uninsured or underinsured coverage. If there is not enough insurance a good attorney can do an asset search.
Fifth: Pain/suffering/permanent disability: An insurance company will only pay for injuries you can prove. DO NOT DELAY MEDICAL TREATMENT! The only way to assess if you have a neck/shoulder injury is to get an MRI (magnetic resonance imagery). If you just see a chiropractor, the insurance company will classify your injury as a strained muscle which has minimal value. If you have any further questions you can contact me on my cell at (559). 304-1549. Or see www.jdbohnlaw.com

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

When you are hit from behind, the driver who hit you is almost always responsible. You can sue for pain and suffering, lost wages, rental, car repair, and more. However, without a personal injury lawyer you will get either no money or a nuisance settlement, thus, search Avvo for a personal injury lawyer in your city or state, and get representation and maximum compensation. Make sure you get a personal injury lawyer with a low contingency fee, less than 30%, so you get the lion's share of the settlement. Good luck to you.

As Attorney Lassen suggested, you may sue. Contact a local and qualifed attorney. If all else fails, consider small claims court. The best way to obtain an attorney is to ask those you trust and respect for recommendations.

You should be entitled to all out of pocket expenses related to the accident, plus loss of enjoyment of life, pain and suffering, and emotional distress. My firm handles cases like this all over California. You may check out my website at www.thepersonalinjury.com or call me for a free consultation this weekend at 800-816-1529 ext. 1.