she was texting while i was sitting still
This sounds like a typical rear-end collision case. You can present a claim against the at-fault driver, and, if he/she is insured, the insurance company for the at-fault driver will hire an attorney to represent that driver. If the at-fault driver has no insurance, or minimum insurance, then you can pursue an uninsured/underinsured motorist claim against your insurance policy, depending on your policy limits on that coverage. I suggest you consult with an injury attorney who can spend time with you to gather all the information necessary to determine the best course of action to take. Particularly if the at-fault driver is uninsured, you need an attorney to guide you through that process. I have experience presenting and defending motor vehicle accident claims and can help you.
The fact that she struck you in the rear while you were stopped, especially because she was not paying attention but instead texting, would result in a liability finding against her and in your favor. However, aside from coming to an amicable settlement with the woman's insurance company, you do not sue the carrier - you sue the woman and the carrier represents her interests. If you were injured, you should seek medical treatment immediately, and also consult with any attorney, who can represent you for both a property damage claim and a personal injury claim. You do not sue your own insurance company unless it wrongfully denied you whatever benefits you are entitled to receive through your own policy.
As most have already commented, more facts are needed such as: were you injured? If you were injured, the severity of the injury and need for current and/or future treatment will drive settlement talks and settlement value of your case. I always suggest talking to an experienced injury attorney, if possible, before you provide any statements to the insurance companies. Our website has a great page on auto accidents. Take a look and then give us a call if you want to discuss your case.
You cannot sue the 3rd party tortfeasor's insurance company directly. You may be able to sue your company directly, if there is underinsured motorist coverage involved.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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