If I received fairly minor injuries in acar accident for which I was not at fault, am Istill entitled to compensation?

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If I received fairly minor injuries in acar accident for which I was not at fault, am Istill entitled to compensation?

I was driving my mother’s car when another car hit me. The police determined it was the others driver’s fault. I didn’t get hurt too badly. Just few bruises and a bruised jaw; my neck hurts a little but they gave me some meds for it. I went to the hospital right after. Am I entitled to any compensation?

Asked on September 22, 2011 under Personal Injury, North Carolina

Answers:

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

Answered 10 years ago | Contributor

Yes, you are entitled to compensation.

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  File your personal injury claim with the other driver's insurance company.  Your personal injury claim will consist of the medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.   The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the other driver's insurance company, reject the settlement offers and file your lawsuit for negligence against the other driver.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the other driver's insurance company, you will need to file your lawsuit for negligence against the other driver with the court prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If you are a minor, your parent will need to be appointed guardian ad litem to file a lawsuit on your behalf because a minor cannot file a lawsuit

Since your mother is the registered owner of the vehicle, she would have a property damage claim to be filed with the other driver's insurance carrier.  The property damage is usually settled early in the case and provides compensation for repair of the vehicle.  The property damage claim is separate from your personal injury claim.


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