I was rear-ended by a tractor trailer and don't have insurance. What do I watch for with no company on my side

Question

? My car is certainly totalled and I'll be getting an x-ray on my neck this afternoon. I don't want money that I'm not entitled to but I also don't want to get screwed. Since I'm not seriously injured will the settlement be limited to medical expenses and blue book on the car? Should I ask for something more just for the aggravation?

I don't anticipate any lost wages or anything. I did get a ticket for no insurance, but there was no question who was at fault. I was stopped at a light. I WAS pushed into the truck in front of me as well...will I be liable for that?

I don't particularly want to go to court or to a lawyer.

Answer 1

You don't need an attorney yet. You are NOT at fault for the accident simply because you were driving w/out insurance. The accident occurred because the other vehicle hit you, not because you didn't have insurance, that doesn't make sense.

Different states have different laws and if you live in a "no fault" state, you could have a problem. The rules in these states would say that each insurance company pays for their customer's injury or damage. Since you did not have insurance, then you may have a problem.

If you live in a state without no-fault, then you are entitled to the actual cash value of your vehicle. Kelly Blue book value usually is a bit higher than what you will actually get, and milage and overall condition of your car will affect the final price. You may be entitled to sales tax and other title/registration fees in your state, so be sure to ask. Also you are entitled to loss of use, or rental car reimbursement. You should ask for this too.


(again, not in no-fault state)Regarding your injury, you are legally entitled to the medical bills and "general damages" which does include pain & suffering and aggrevation/inconvenience. For a minor injury, you could expect a couple hundred over your medical costs.

Finally, if you get any slack/headache from the liable insurance company or if you do live in a no-fault state, you may then wish to consult with an attorney. Usually the first visit is free with no obligation BUT if you do hire them, they are going to take about 1/3 of what ever you get, which again, would be small anyways. You can try and do this yourself, I think it would be ok.

Answer 2

The company of the driver of the reactor trailer - or if it is an independent - the owner of the truck - because they hit you from behind is at fault. Did you get a ticket for not having insurance?? what you should get would be damage to the vehicle, Medical expenses, lost wages. If there will be an extended disability or - inability to work you may - I state MAY get "pain & Suffering" but also be aware that you not having insurance can get you into problems as well - see some general info on that at the link below.

The police report - how was that worded about who was at fault?

Don't be too quick to sign on the dotted line to get a check
hold out for
1) future related medical expenses which would include travel to and from appointments (mileage) as well as coverage of PT if needed.
2)loss of wages - and the like


Also please contact a local attorney for a FREE CONSULTATION to get some advice - again don’t sign a contract with a lawyer as they take 33% of any award. not usually a good thing unless it's huge.

GOOD LUCK
http://www.carinsurance.com/kb/content10539.aspx

Answer 3

First, make sure you get copies of the police report, and you document everything while you still remember-- times, dates, when tehy say things, everything they send you, etc. Just in case you need to go to court.

You should easily get medical expenses and the value of the car, yes. Make sure you research the blue book and they dont lowball you or paid "trade-in" on the car.

You're not liable for the truck in front of you--- that individual should have also traded information with the at-fault party.

Answer 4

You most certainly need to get an attorney. I don't care how generous an offer their insurance company is making, you are not qualified to figure the costs you will incur on your own. A good attorney can help you do that. Also, they can help ensure that the insurance company covers any future problems that you could incur down the road for the same injuries. Next Priority - GET INSURANCE! Good luck.

Answer 5

You pretty much hit the nail on the head as far as compensation. You could ask for a bit more for the aggrivation, but since you did not have insurance they may view it as being greedy. Just ask that they make you 'whole', that is pay you for your losses.
If you sue and go to court, they will use the defense that since you did not have insurance, you should not have been on the road, and they would not have hit you.

Answer 6

seems such as you ought to communicate with an criminal expert. in the event that they do no longer think of they might get any funds out of this, they gained't take your case, and that they gained't can charge you something. In my city, there are quite a few who promote each and all of the time. besides the shown fact that, you in all probability missed some artwork because of this twist of destiny, and your neck ought to get to be a real concern, so which you pick somebody to advise you--see an criminal expert, and robust success.

Answer 7

The same thing happened to a co-worker of mine. They said because she was driving with out insurance she was at fault and she ended up having to pay for both cars.

Answer 8

Where I live you would automatically be at fault for having no insurance, no matter what the circumstances are. Personally I think you deserve nothing, But that's just the opinion of my state.

Answer 9

Driving without insurance, you were driving illegally. If you hadn't been committing an illegal act you would not have been in a position to be hit. You may be lucky to get anything.

Answer 10

You could be ticketed for no insurance. But they were at fault and have to pay the damages. It is two different issues.