I was not at fault for a car accident, is there anything I can do to be compensated for my pain and suffering?

It was not my fault. The other person got a ticket yet I have not gotten anything for my car or for injuries I sustained in the accident. I had liability insurance at the time of the accident.

Asked on January 24, 2013 under Personal Injury, Nebraska

Answers:

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

Answered 7 years ago | Contributor

You should file a personal injury claim with the at-fault party's insurance carrier.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated,

 obtain your medical bills, medical reports, and documentation of any wage loss. Your personal injury claim filed with the at-fault party's insurance carrier 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/ registered owner of the vehicle (if the registered owner is someone other than the at-fault driver).  If the case is NOT settled with the at-fault party's insurance carrier, you must file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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