Rear Ended Accident Contuined

she saw the other car(SUV) coming at a high rate of speed, seen no brake lights heard inpact of SUV hit Red Firebied, Firebird spinns around and around before ending up in ditch. my sister had tied tennis shoes on, it took one of her shoes off her feet. i wear glasses, i found my glasses in on the road. the Suv had liability only I had full coverage. should my insurance sue her insurance or should i sue her insurance? the SUV went to ER, my sister & I did not. I went to Dr. he wants 6 xrays, I have no medical insurance. Is there a law in Tx failure to maintainen if you rearend someone?

Asked on May 21, 2009 under Accident Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are a series of issues.

First keep things in perspective. Get medical attention now; if your doctor wants to take the x-rays have the doctor do so. Your policy undoubtedly contains a med pay provision that will cover medical expenses regardless of fault. (I am not a Texas lawyer so i do not know for sure.)

Second, let your insurance carrier handle the collision damage to the car. It owes you a duty of good faith and while you'll have the deductible to pay, eventually when it goes after the other driver's insurance carrier you will get it all or mostly back. That usually saves all sorts of hassle.

Third, you and your sister should each get a Texas lawyer who handles auto accident and personal injury claims ASAP. They work on a contingency basis in accident cases and generally only take cases that are worthwhile and where they can get you far more, after legal fees are deducted at the end, than you can get yourself. Our affiliate www.AttorneyPages.com lists many outstanding Texas lawyers.

Fourth, do not talk to the other carrier's insurance adjuster. A major portion of their job is to get the cases settled cheaply and quickly so you don't see a lawyer, and to diminish or destroy any case you might bring and limit damages. Even a simple friendly answer of "Fine" or "Pretty Good" to a question "How are you today?" can come back to haunt you.


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