What are my rights if my family was recently in a car crash because the other vehicle involved ran a stop sign?

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What are my rights if my family was recently in a car crash because the other vehicle involved ran a stop sign?

Our car rolled and caused injuries to my family. Our insurance just now told us that our policy doesn’t include a rental car while our car is being evaluated. I have no way of getting around to medical appointments and am in desprate need of a car. since the other vehicle was at fault is it their responsibility to provide us a car or am I wrong?

Asked on May 6, 2015 under Accident Law, Idaho

Answers:

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

Answered 5 years ago | Contributor

You are correct that the at-fault party's insurance carrier should be paying for a rental car for you.

You and your other injured family members have separate personal injury claims.

When each of you finish your 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 medical treatment where no further improvement is anticipated, obtain the medical bills, medical reports, and documentation of wage loss.

Each personal injury claim filed with the at-fault party's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the 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 individual's personal injury claim 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 company, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

If the injured parties include minors, you will need to be appointed guardian ad litem to file a lawsuit on their behalf because a minor cannot file a lawsuit himself/herself.

If the claim(s) is/ are NOT settled with the at-fault party's insurance carrier, the lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or the individual will lose his/her rights in the matter.

The claims of you and your family members that are NOT settled with the at-fault party's insurance carrier would all be part of the same lawsuit.

If an individual's claim has been settled with the at-fault party's insurance carrier, that person would not be a party in the lawsuit


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