How should I file a claim regarding a car rear-ending my car when traffic is paused?

Asked almost 2 years ago - Garden Grove, CA

Me: Feelings of confusion, nausea, dizziness, shortness of breath, requires assistance walking, some pain

Car: Damaged bumper, inverted body frame, passenger side door has trouble opening, traction on wheels are uneven, front-end alignments required, right end wheel skewed

Traffic was paused and I was rear ended while my car stopped. The other driver looked to make a lane change and took eyes off the road ahead, which caused the collision. She is insured and accepts responsibility for reckless driving. A police report was filed.

I want to know how to file a claim to my auto insurance company (I am covered both ways). How do I get them to pay for future medical expenses? We cannot foresee future health complications. I don't wan the insurance company to underestimate my injuries.

Attorney answers (8)

  1. Richard Andrew Harting

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . You should immediately notify your insurance company. the quickest way to fix your vehicle damage is to go through your own insurance carrier. You should seek immediate medical attention to address your injuries.

    Don't go it alone. Contact a personal injury attorney and let them handle your claim against the other driver. Otherwise you will be second guessing yourself all the way through and could end up that it is you that underestimates your injuries.

  2. Frank Marvin Nunes

    Contributor Level 14

    7

    Lawyers agree

    Answered . The process starts with reporting the claim to your automobile insurance agenty or company's claims department. Look at your proof of insurance card and there should be a phone number to call to report the claim. They will take if from there.

    If you are a potential client, the information you disclose to us by email will be kept in strict confidence and... more
  3. Steven Mark Sweat

    Contributor Level 19

    7

    Lawyers agree

    Answered . This sounds like a case of clear liability on the other driver for either making an unsafe lane change, following too closely or traveling at an unsafe speed or a combination of all of the above. You should seek medical attention first and then you should retain the services of an attorney. You are entitled to both present and future medical expenses, lost wages (if this causes you to miss work), pain and suffering and potentially other damages. An attorney can assist you with processing the property damage claim as well.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Andrew Daniel Myers

    Contributor Level 20

    8

    Lawyers agree

    Answered . Call your agent and report the accident right away as most insurance policies require notice to your own insurance company in a "reasonably prompt" manner.

    Determination of future health complications have to be not only foreseen but also documented at the time of settlement. Here's more:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. John A Nojima

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . As discussed in the answers, you can contact your insurance company and you should report the accident as required by state law to the DMV ( your insurance company or an attorney can give you the proper form). If you have physical injuries/complaints you should seek immediate care from your doctor or one referred by your attorney. The insurance company will not pay for possible future complaints that are not documented. You should contact a personal injury lawyer to discuss your options.


    John Nojima
    LNTLB.com

  6. Adam David Sorrells

    Contributor Level 13

    6

    Lawyers agree

    Answered . With all due respect, you should contact a competent plaintiff personal injury lawyer, and let the lawyer open the claim for you. You may have a closed head injury or other serious condition. Le the lawyer handle it. No fee out of pocket, and you only pay if the lawyer settles case or wins at trial.
    Adam Sorrells
    Law Offices of Adam Sorrells
    Chico, CA

    The above was not legal advice and cannot be relied on. For informational purposes only. Some of the time periods... more
  7. Daniel Nelson Deasy

    Contributor Level 20

    7

    Lawyers agree

    Answered . Call your insurance agent. If you do not have one because you purchased insurance some other way, get on line and type in the name of your carrier in a search engine such as google. Call the 1-800 number to start a claim. It is just that easy.

    In the meantime, you also need to make a call to a personal injury attorney's office immediately. That attorney -- once retained -- can help you through the process until the finish line.

    Best of luck and here's to a speedy recovery.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  8. Howard Robert Roitman

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Get the Facts
    This is the part most people know to do, but often forget to after the accident for one reason or another. It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don't just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number.

    Call Your Insurance Agent
    Call your agent or insurance company's 800-number immediately, even at the scene with the police if possible. Sometimes the police officer can give your insurance company more accurate information rather than information you may not be recording properly because you are upset by the accident. This can save you a lot of time later waiting for your claim to be processed.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,883 answers this week

2,776 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,883 answers this week

2,776 attorneys answering