Late Injury Claim After a Verbal Assurance of No Injury

Q: Does saying you are not hurt after a crash prevent an injury claim later?

Usually not. Under Cal. Civ. Code § 1541, an obligation is extinguished by a release given in writing, or supported by new consideration. A spoken assurance at the scene is generally neither, and injuries that seem minor at first sometimes develop. What the person said can still be used as evidence about the extent of the injury; it simply does not operate as a release.

Q: Does paying for the damage to a car settle the injury claim too?

Not by itself. Property damage and bodily injury are ordinarily handled as separate parts of a claim, and a payment for one does not resolve the other unless a release says so. Whether a signed document covered more than the vehicle is a question of what that document actually says, judged against Cal. Civ. Code § 1541.

Q: What does an injured person have to prove to recover damages in California?

That the other person failed to use ordinary care, under Cal. Civ. Code § 1714(a), and that the failure caused the harm claimed. Cal. Civ. Code § 3333 measures the recovery as the amount that will compensate for all the detriment proximately caused. Causation is often the contested element where treatment begins well after the collision.

Question

I was at fault in an accident, and the other party was a 65-year-old male. My insurance paid out the property damages, and he said, "I don't want anything else and I feel fine." His lawyer sent a notice to my insurance company after 6 months stating an injury claim due to the incident. How can I defend myself, or is there any chance of me winning this case if it goes to trial?

A. Jason Velez · Accepted Answer

Probably not — a casual "I feel fine" almost never ends an injury claim. Under California law a release has to be in writing or supported by new consideration, and a payment for the car normally settles the car. The real defense here is unlikely to be what he said that day; it is whether the injury he is now claiming was caused by the crash. The release rule is Cal. Civ. Code § 1541: "An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or in writing, with or without new consideration." A remark at the scene is neither a writing nor a new bargain, so it does not extinguish anything. Whether the property-damage payment involved a signed document, and what that document actually released, is worth finding out — that is a paper question your insurer can answer. You have said you were at fault, so the liability rule in Cal. Civ. Code § 1714(a) — responsibility for injury occasioned by a want of ordinary care — is not where this case will be fought. Damages are. Cal. Civ. Code § 3333 provides that for the breach of an obligation not arising from contract, the measure of damages is "the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not." The words carrying your defense are "proximately caused." The claimant has to connect the condition he is treating now to this collision. A gap before treatment began, prior conditions, and the treatment history are all evidence on that question, and it is decided on records and testimony rather than on a comment made in the road. On winning at trial: nobody can honestly tell you the odds from a description, and this page will not try. What is worth knowing is that if you were insured, your insurer decides whether to settle within the policy limits and pays for the lawyer who defends you. Your part is prompt notice and cooperation. What you can do 1. Make sure your insurer has the lawyer's notice and has opened the injury claim. If you have not heard back, ask for written confirmation that they are handling it. 2. Ask your insurer, in writing, for a copy of anything the other party signed in the property-damage settlement, and whether it released only property damage. 3. Ask your insurer to confirm your policy limits, and ask them to keep you informed of any settlement demand. 4. Preserve what already exists — photographs, the claim numbers, the property-damage paperwork, any texts or emails with the other party. Do not write out a fresh account of the crash for anyone but the lawyer defending you. 5. If the claim looks like it could exceed your limits, ask a local attorney about retaining your own counsel alongside the insurer's. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who practices in your area is worth more than any general guidance, including this page. ⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 generally gives an injured person two years to bring a claim for injury, which is why a notice six months after the crash is early rather than late. Where that period stands depends on the actual dates, and other circumstances can change it. Have a local attorney review the dates with your insurer rather than assuming the claim will lapse on its own.

Late Injury Claim After a Verbal Assurance of No Injury

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