I was rear ended by an atfault drunk driver
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I was rear ended by an atfault drunk driver
I was driving in my lane and was hit
from my rear driver side and then spun
out and slid into ditch. Got police
reports and called my insurance company
and filed a claim. What do I do now ?
It’s the day after and seemed medical
attention for neck pain from accident.
Very confused and have little money to
hire a lawyer. Please help
Asked on March 15, 2016 under Accident Law, New Mexico
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the drunk driver has insurance, your property damage claim and separate personal injury claim should be filed with the at-fault party's insurance company.
If the drunk driver did NOT have insurance and you have uninsured motorist coverage, your property damage and personal injury claims should be filed with your insurance company.
You don't need to have any money to hire an attorney for your personal injury case because the attorney is paid a percentage of the amount recovered in the case.
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 wage loss. Your personal injury claim filed with the insurance carrier should include those 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 insurance company, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled with the 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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