I was rear ended on the 14th of jan 2013 my wike had lower back injury and i had minor back pain the the party at fault insurance has just sent me a check to repair my vehicle yesterday, well yesterday at night i was rear ended again by another vehicle pain is worst for both of us and our vehicle is going to be a total lost. what do i do now? What about the check i am getting form the first accident to repair my vehicle? Who is responsible for my wife and my injury?
I am sorry for what you are going through!
Unfortunately, it is time to hire competent counsel. The insurers will never sort this out (in your favor) on their own. I would hold your property damage check until you consult with counsel and follow that direction. In short, it is likely that the injuries and damages will be apportioned between the accidents. The tricky part is coming up with a formula that everyone can live with. I have actually heard insurance adjuster state that the second accident acts to "cut off" or limit that insuer's responsibility----it doesn't!
Best of luck!
Many of the attorneys on AVVO can help you with your case. The insurance company you are already dealing with will try to get out of paying you and your wife because of the second accident. When an insurance company gets involved in the second accident they will claim that you and your wife were already injured. In otherwords, neither one will want to pay you. The way it needs to be presented from your standpoint is, I don't care who pays me but both of you are liable and I am entitled to 100%. See the problem? You definitely need to consult with an attorney before you do anything further. Your doctor will need to pay attention and apportion your injuries now and an attorney can work with you to help get that done. Be smart and get an attorney now. Good luck to you and your wife!
Both parties. Never deal with an insurance company without a lawyer, or you will get a tiny fraction of the true value of your case. You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
1) you can keep the check from the first accident;
2) you are entitled to total loss damages, i.e., fair market value of your vehicle in the condition it was in at the time of the second accident;
3) you and your wife should seek follow up medical care for your injuries;
4) you have claims against the other drivers from both accidents for medical expense, lost income and pain and suffering caused by each accident. As pointed out, if the injuries and damages cannot be separated, its possible they would be held jointly liable for all of your damages. You should contact an attorney regarding how best to pursue your claims.
No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. To handle two claims back to back without a really good lawyer - one who will be able to understand and explain the additional physical damages caused by the second accident and separate these injuries from the first accident - would be a costly mistake to make. The longer such a person communicates on his or her own going back and forth with the insurance adjusters the further from a proper recovery that person will go.
The victim of two back to back rear-enders really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.
Since we offer free consultations, there really is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
It is very difficult to reach settlement when you have been involved in two accidents so close in time. As attorneys, we often schedule a mediation with the insurance adjusters from the opposing driver of both accidents since each will point the finger at the other accident as being the cause of the injury. You should consult with one of the excellent personal injury attorneys on AVVO as soon as possible. Feel free to contact me with any questions.
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