I was not at fault, rear-ended on highway multi car, was taken in hospital by squad, have injury's. The guy who hit us was in the HOV and admitted fault. We where at a complete stop. It was not pretty.
You should not have to worry about who is the insurance company for the at fault driver. You should proceed as if the insurance company for the at fault driver is not your own insurance company. The usual practice of insurance companies is to assign the claims to independent adjusters/units when both drivers have the same insurance company.
Generally, the insurance company of the at fault driver has no motive to look out for your best interests. That company will offer the lowest amount that you are willing to accept. That is just how business is usually conducted.
You can review your facts with several attorneys to see what legal options you have.
The fact that the at-fault party has the same insurance as you do should not pose any problems in terms of your ability to recover on your claim. At least in theory there will be two differnt adjusters assigned to the matter and they are not supposed to share information. If they do share information without your consent, this could be considered "bad faith" and potentially give rise to an additional claim.
I would recommend that you at least consult with an experienced personal injury attorney to help you understand your rights and how the claim process works. Most personal injury attorneys will offer a free intitial consultation (as I do) to assess your claim and provide an initial evaluation. You may find my website helpful in understanding some of the issues you will likely face.
I suggest that you retain a competent personal injury attorney in your area to represent your interests. In the interim, do not give any statement to any of the adverse insurance carriers and do not allow them access to any of your medical records until you have the opportunity to speak to and retain counsel.
Legal Disclaimer:
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 insure proper advice is received.
