If I was in a car accident and the other party was found at fault by the police, how can I receive compensation?

The have their own insurance. I had major bruising I saw a doctor and they just said it will be painful and uncomfortable for a few weeks. Should I ask the insurance company directly?

Asked on September 3, 2014 under Personal Injury, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should inform the at-fault party's insurance company in writing that you will be filing a personal injury  claim.

When you complete your  medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance company should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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