What to do if I was rear-ended sitting at the crossing guard while taking my 9 year old daughter school?

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What to do if I was rear-ended sitting at the crossing guard while taking my 9 year old daughter school?

We were in my full-size truck with my enclosed work trailer in tow. The lady who hit us claims full responsibility but her insurance company is only offering $300 to fix my truck ,which now has both frame rails bent, and $1,200 for my trailer which they are calling a total loss. They know that I cannot replace it for that but say I should just take it and put it in my sock drawer. I am the only person who brings money in our home; my wife stays at home with our 2 children without the trailer we have no means of income. What do we do?

Asked on February 14, 2013 under Accident Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

You can sue the at-fault party for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your truck and repair or compensation for the loss of your trailer.  Your damages should also include wage loss and the cost of a rental vehicle.


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