What are my rights if I was in an auto accident 4 days ago and my car was totalled?

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What are my rights if I was in an auto accident 4 days ago and my car was totalled?

The other driver pulled out in front of me at a stop sign. Her insurance company said the only thing they can do is pay my car off since I owe money. This just doesn’t seem right, I am now without a way. I am a full-time student and have to be there 5 days a week; it’s kind of hard now depending on other people. I have a lot of bruising across my chest and lap area where the seat belt was and on my arm there are little burn marks and bruising from the airbag. I also have a concussion.

Asked on February 23, 2013 under Accident Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The insurance company may be trying to take advantage of you since you are not represented.  Unfortunately, however, when a vehicle is totaled, the insurance company only pays the vehicle off, if you have enough blue book value.  However, if you had some medical issues, you could also be entitled to compensation for those expenses.  You need to contact your insurance company for assistance and to file a claim for the medical issues and associated pain and suffering.  They may help you with the claim if it's offered on the policy that you have.  If they will not help you, then make an appointment to visit with a personal injury attorney.  Many offer free consultations and will work on a contingency basis-- making representation affordable.


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