How does an injury settlement work if I get into another car accident before the first one settles?
Question Details: I was involved in 2 separate accidents, both times I was not at fault. I was rear-ended at stop light, and then a year later I was rear ended at stop sign, I was completely stopped both times. I was also driving for Uber with a passenger in the car both times. I have disc herniation and was recommend for a disc replacement and have been approved for surgery. I was initially scheduled for neck surgery after the first accident and then the second accident happened before I was to start my pre-opt. Also, I have been recommend and approved to get a lumbar radio frequency neurotomy to get rid of my pain in lower back. Since the second accident happened before the first one was settled, how does that effect my case.
In theory it should not affect the first case, since the driver (and/or his insurer) in the first case owed you compensation based on what happened at that time--later-occuring events do not affect liability or the compensaton owed, which is based on the injuries you suffered, car damage you suffered, and costs incurred.
But if you have not yet come to an agreement about the compensation to which you would be entitled, it is possible that the other side will try to claim that some of your injuries actually came from the later accident and you're trying to get them to pay for later-occurring injuries. They become more skeptical or suspicious of your damage claims, and so this may complicate settling. You may have to go to greater lengths to prove what injuries or costs, etc. where incurred when.