If I was rear-ended on a major route and it was not my fault, what should I expect when I talk to the other insurance company?

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If I was rear-ended on a major route and it was not my fault, what should I expect when I talk to the other insurance company?

I will need a rental while they fix my car if they don’t total it out. I also was prescribed 2 prescriptions. I missed 2 1/2 days of work because of neck strain.Also, I found out today that my car insurance was lapsed at the time of the accident. I have the police report and it was clearly the other car’s fault.

Asked on June 8, 2015 under Personal Injury, Ohio


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

Answered 8 years ago | Contributor

The fact that your insurance lapsed is irrelevant because the other party was at fault in the accident.

You have separate claims, one for property damage (cost of repairs to your car) and a personal injury claim.

The property damage is usually settled early in the case after estimates of the cost of repairs are obtained.  The at-fault party's insurance carrier should pay for a rental car while your car is being repaired.  The at-fault party's insurance carrier may want to take your recorded statement of how the accident occurred.  This is standard operating procedure.

Don't settle the personal injury case 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.  After completing your treatment or being declared permanent and stationary, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim 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.

If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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