What to do if my daughter was rear-ended but the insurance payment and cancellation passed in the mail so she was uninsured for about 3 days and that is when the accident happened?

The driver that rear ended her admitted fault and was issued a citation for hazardous driving. If she were to run it through his insurance company since according to the report he admitted fault, would it be worth it or what would the ramifications be. I am the listed owner on record she is listed as a driver.

Asked on September 25, 2015 under Accident Law, Michigan

Answers:

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

Answered 5 years ago | Contributor

It would be advisable to file a property damage claim with the at-fault party's insurance carrier to have your car repaired.
If your daughter was injured in the accident, it would be advisable to file a personal injury claim with the at-fault party's insurance carrier.
The personal injury and property damage claims are separate and proceed independently of each other.  Your daughter's personal injury claim would include compensation for medical bills, compensation for pain and suffering an amount in addition to the medical bills based on the medical reports and compensation for wage loss.  
If your daughter was injured in the accident, it would be premature to pursue the personal injury claim other than notifying the at-fault party's insurance carrier in writing of the personal injury claim until she finishes her treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her treatment where no further improvement is anticipated. 


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