What to do if someone hit me from behind and they are blaming me?

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What to do if someone hit me from behind and they are blaming me?

I had turn right onto a two lane street. I look to my left to make there wasn’t any cars coming and I pursue to change lane. After changing lanes a few second later I started hearing tires squealing. I looked into my rear view mirror and notice a car coming up close me and then the car hit me. The police was called out but they never came over to talk to me to get my side of the story. I had to wait until the EMS to help me get out of the car because the driver door wouldn’t open. As soon as they got me out of the car they took me to the hospital to get looked at. After getting discharge from the hospital, the police then came to hand me a paper saying they find me at fault when it wasn’t.

Asked on June 20, 2013 under Accident Law, South Carolina

Answers:

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

Answered 8 years ago | Contributor

It would be advisable to contact your auto insurance company.  Your auto insurance company can do its own investigation of the accident and establish that the other driver was at fault since it was a rear-end collision with damage to the back of your car.  After the fault of the other driver is established, you can get compensation for the property damage to your car from the other driver's insurance carrier.  You will also be able to recover damages (monetary compensation) for your personal injury claim from the other driver's insurance carrier when liability on the part of the other driver is established. 

Compensation for your personal injury claim would include compensation for the medical bills, compensation for pain and suffering and compensation for wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the information in the medical reports.  Compensation for wage loss is straight reimbursement.


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