a week ago i was in a car accident. i was @ a light and mine turned green, so obviously i started driving. a semi ran his red light the same time i took off and he ended up hitting my car! i went to the hospital, cause my neck hurt and i have some issues now with my eyesight and hearing. i got the police report the other day and it states that the driver of the semi addmitted to having faulty breaks. his rear air breaks were out and he addmitted running the red light. my dad has talked to my insurance company, but i havent talked to either of the insurance companies. im only 19 and i really am not sure what to do, cus my car is now totalled and you have to be 25 to have a rental car and im having to walk to work now. who should a talk to? should i go ahead and talk to an attorney or just file a claim with the other guys insurance??? please help!!
2007-05-19 10:46:58 · 8 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
file a claim, as long as you have that police report stating that he is at fault, you are in the clear my friend. Why not just get your dad or somebody to rent a car for you and then have the insurance company reimburse him for it whenever you get it taken care of rather than walking to work! Hey at least your saving money not paying for gas lol
2007-05-19 10:51:15 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Let's start with what should be the easy part of this situation, the rental car. No matter if you have rental coverage on your policy or if the semi-truck insurance is paying for the rental, there is a way around the fact that you are 19. Many times during my career as an adjuster I have rented the car for the parent and then the child drives the parents car. Everybody has wheels that way.
Semi-truck insurance companies can be real tough to deal with on the issue of comparative negligence. Depending on your state you may get hit with some "comparative negligence" for this loss. Even though you had the right-of-way you still have a duty to make sure the intersection is clear before entering it. You also have a duty of "lookout" which basically means you have to be prepared for the other guy who screws up.
Anyway, regarding the car itself. It is easier to collect from your company. However, IF the semi-truck company accepts 100% of the liability get an offer from both companies and take the highest one for the total loss vehicle.
Regarding the injuries take your med bills to your own auto insurance. the semi-truck's insurance has no legal duty to pay your med bills as the come due. So don't bother trying to get them to pay them up front. It won't happen.
Over and above the medical bills you can make a claim for "pain and suffering." You won't be retiring off this settlement so you need to be reasonable and cooperate with the semi's insurance and provide them with complete copies of both the medical bills and medical records.
It is too, way too early to think about getting a lawyer. They will just slow the process. I suggest that you work with the semi's insurance and see what kind of injury offer they make you down the road. IF you can't settle that then consider getting an attorney.
In the meantime, make sure to ask your own insurance company how long you have to settle the injury claim (Statute of Limitations).
Good Luck.
2007-05-20 13:00:11 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
You talk to your insurance and ask these questions. The insurance is in your name and they will advise you what to do. It was the semi's fault and they may be able to somehow get you a car to drive while this is being worked out.
Your insurance company has dozens of lawyers. They will help you. They will file a claim with the other guys insurance for you, that's what they get paid for. Just call or visit the office and talk to your agent.
2007-05-23 13:20:30 · answer #3 · answered by Risk_Kay 3 · 0⤊ 0⤋
The sooner you present a claim with yours or the otherparties insurance the sooner you will be able to settle and purchase another car. Try to avoid getting a lawyer involved at all costs -- they are ALL scum and will do NOTHING but keep you at the doctor's office or, even worse, a chriopractor's dungeon for years in an attempt to pad the claim. You see, they don't care one wit about you or how you suffer -- it's all about money. The real tragedy is they usually cannot get even 5% above what a good insurance company will offer you for settlement and a lawyer ALWAYS gets his/her/its 40% of the bottom line. Try working with the insurance company first and resort to lawyers after everything else fails.
Good luck.
2007-05-19 18:24:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Contact the semi driver's insurance company, they areusually very quick to respond and if any of your friends are pushing you to contact a lawyer, remember that they wind up with 60 - 70 0/0 of any damages paid by the the company sued. You will be better off accepting a settlement if it will cover the cost of your car and any medical bills. Also, remember that you are the one paying insurance and everytime someone files a lawsuit, it has to be recovered by the insurance companies somewhere and guess where that is!!!@
2007-05-19 17:57:37 · answer #5 · answered by cavedweller_09 1 · 0⤊ 0⤋
Use your own insurance to pay your medical bills. If you have collision insurance on your vehicle, use your own insurance. You will get a settlement faster and fairer. Then your insurance co can chase after the other insurance co to get the money back. I don't know what state the accident occurred in. So I don't know if you can make a bodily injury claim. Some states still have no fault insurance.
2007-05-19 18:28:06 · answer #6 · answered by regerugged 7 · 0⤊ 0⤋
An attorney is your best bet. The fact that you were not at fault (as per the truck driver's statement) should be proof enough that you are entitled to some compensation.
If you tried to contact the other driver's insurance carrier, it would be like talking to a brick wall. I hope you've notified your OWN insurance company as they will take the first steps in order to recover any damages (such as the loss of your car and they will need to be notified if you have any medical expenses).
As far as walking to work? I think maybe you should take a taxi and save all the receipts as they would be payable by the other driver's insurance company; you could also "car pool", ask a coworker to pick you up and drop you off, or perhaps your parents could rent a car (again, save all receipts for expenses).
An attorney is only legally entitled to 30% of any damages plus his expenses (such as mail, telephone calls, appearances, depositions, etc) in most States. Check the Bar Association in your State for recommendations and/or regulations concerning attorney's fees.
2007-05-19 17:58:10 · answer #7 · answered by Kiffin # 1 6 · 0⤊ 2⤋
file the claim most insurance companies will get you a rental or a loaner due to the fault on the other driver his insurance will have to cover it get a hold of his insurance company and explain your situation they will most likely be understanding
2007-05-19 17:58:59 · answer #8 · answered by hoganhugh 1 · 0⤊ 0⤋