Rear ended last night on interstate by semi

While driving home on the interstate
last night I was in the slow lane doing
62. A semi came up behind me and I
tried to accelerate but he rear ended.
His ins co agreed to pay the retail value
of my car. Should I accept there deal.
I’m little sore today.

Asked on June 1, 2016 under Accident Law, Minnesota

Answers:

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

Answered 4 years ago | Contributor

Your property damage claim is separate from your personal injury claim.  You can settle the property damage claim without affecting your personal injury claim. Notify the at-fault party's insurance carrier that you will be filing a personal injury claim.
The personal injury claim cannot be settled until 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.  At that time, you should obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the at-fault party's 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 personal injury 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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