What to do if person hit my car in the rear and the their insurance company already fixed my car but they don’t want to compensate me for my injuries?

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What to do if person hit my car in the rear and the their insurance company already fixed my car but they don’t want to compensate me for my injuries?

They said the accident was low velocity but I went to the emergency room when the accident occurred. With back and neck pain. The emergency room took x rays and nothing was broken, but the accident happened a month ago and I my neck and back still hurts at various times. Can I get any type of compensation?

Asked on March 8, 2013 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the insurer will not voluntarily compensate you, you could sue  for compensation: the insurer does not get to make the final determination of what they will or will not pay--the courts do. You would sue their driver (not the insurer directly), and would have to prove in court that the other driver was at fault and caused your injuries.


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