I was rear-ended by a vechical while sitting at a red light and have damage to my bumper. I got whiplash along with my children, we are receiving care for our injuries. who should be responsible for payment?
2006-08-31 06:51:24 · 12 answers · asked by atinytheney 1 in Business & Finance ➔ Insurance
In my state (Arizona) the driver that hits you from behind is at fault. If you're stopped at a light, your case is very strong. So the driver who hit you is responsible. If they're well insured, you should have no problem collecting from their insurance company. You also might want to consult a personal injury lawyer to see about collecting additional damages.
Whatever you do, do not sign anything or agree verbally to anything that the other driver's insurance company offers you without consulting a lawyer. The insurance company will try to get you to agree to accepting some lump sum to cover their entire obligation. If you agree to that, you'll never be able to go back to them and ask for more, even if you find out later that your injuries are chronic and/or more severe than originally thought.
2006-08-31 06:59:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The guy who rear-ended you, whether or not he has insurance. Sometimes you have to go to court to get a judgement, and if he has no insurance, you MIGHT not end up getting any money.
Of course, if you're in a no-fault state for medical payments, YOUR insurance company is responsible for the medical payments for the people in your car, and if you have Limited Tort or no-fault on your liability, then YOUR policy is responsible for any pain and suffering (but if you only have damage to your bumper, you're not talking about serious bodily injury anyway.)
So the answer is - for sure, he should be paying for the damage to your car. And there isn't enough information to say who should be paying for the medical & pain & suffering.
2006-08-31 08:10:25 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
Normally a accident where you have been hit in the rear by a travelling vehicle. the one who hits the rear of another is responsible unless the other is not insured.
which of course makes motorway pileups a nightmare. but in your case as long as all is O.K. on your side, IE your Vehicle was road Worthy at the time and your insurance is up to date. as long as you took the proper details, just leave it to your insurance company and don't worry. a good insurance company will take care of this,along with the police
2006-08-31 22:23:22 · answer #3 · answered by Kitt 4 · 0⤊ 0⤋
Typically the person who did the rear-ending is responsible for the accident. In a large majority of accidents like this, the person doing the rear-ending is at fault because they "failed to control their vehicle" which is a major knock and something you are required to do while driving.
2006-08-31 06:57:41 · answer #4 · answered by bigjim6201 2 · 0⤊ 0⤋
I've never had this happen to me personally...knock on wood...but I've always heard that the person who does the rear-ending is always responsible for the damages because they should have been paying closer attention to avoid such an accident.
Hope you and your children will recover soon. God Bless!
2006-08-31 07:01:47 · answer #5 · answered by F-1 says KISS IT! 7 · 0⤊ 0⤋
The person who hit you is responsible for the damage to your vehicle in addition to any injuries you and/or your children sustained. Just make sure you have the police report when you call your insurance company - it will make the process a lot smoother.
2006-08-31 06:58:03 · answer #6 · answered by sixmillionways 3 · 0⤊ 0⤋
If you get hit from behind, the person who hit you is almost always responsible. Especially if you were stopped at a red light. Their insurance should be paying all the damages.
2006-08-31 06:57:16 · answer #7 · answered by ask the eightball 4 · 1⤊ 0⤋
it clearly is the other person's fault, but initially you may have to file claims against your own insurance and then the claims department will determine liability.
2006-08-31 06:58:01 · answer #8 · answered by JuJitsu_Fan 4 · 0⤊ 0⤋
the person that rear ended you
2006-08-31 06:59:54 · answer #9 · answered by itsme 3 · 0⤊ 0⤋
Get a lawyer and sue the person who hit you.They have to pay then pay again then if they havent been squeezed enough .....pay again.
Loss of earnings
medical expenses
Carers for the kids
They pay it all.
2006-08-31 06:57:05 · answer #10 · answered by Mark ABC 2 · 0⤊ 2⤋