Home > Research Legal Advice > Personal Injury > How should I file a claim regarding a car rear-ending my car when traffi...
Asked 8 months ago - Garden Grove, CA
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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.
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.
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.
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
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
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.
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.
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