If I allow insurance company to fix my car will I waive any lawsuit against them for physical injury?

Asked 9 months ago - El Paso, TX

One week ago I was rear ended by a drunk driver. She was arrested and it turns out it was her third DWI. I did not go to the hospital immediately because I felt only a little sore from my neck and back. Since then however my pain has increased. The insurance company contacted me and want me to allow them to fix my vehicle. I did not have insurance. I have not talked to a lawyer. Can I allow the insurance company to fix my truck and still sue for my physical injury?

Attorney answers (8)

  1. Hunt Edwin Bonneau

    Contributor Level 10

    13

    Lawyers agree

    Answered . It is possible to resolve the property damage part of your claim without waiving your right to compensation for your physical injuries. This is often done. However, you should hire an attorney before you sign any agreements with the insurance company to make sure that your release is only for the property damage to your car, and not your personal injuries.

    None of the opinions above should be considered legal advice, until I have had the opportunity to review the... more
  2. John Raleigh Hunt

    Contributor Level 9

    8

    Lawyers agree

    Answered . Find a personal injury attorney in your area. Use avvo's search feature.

  3. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    Answered . You have no downside in speaking with qualified counsel and only downside in speaking with your adversary (the insurance company).

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Vuk Vujasinovic

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . No, but a lawyer should review before you sign.

    Vuk Stevan Vujasinovic, Board Certified, Highest Possible "10" AVVO Rating (877 ) 724-7800
  5. Edward James Kazaleh

    Contributor Level 14

    6

    Lawyers agree

    Answered . SIMPLY PUT... don't let them near or to touch your vehicle. It is evidence in both your potential civil case and likely an ongoing criminal case. Some cars have event recorders like black boxes that record the conditions and speed/force at impact. That is very critical information and I have dealt with a case where is was stolen out of the vehicle and disappeared shortly after the insurance folks inspected it in the impound lot. PLEASE PLEASE immediately contact a Injury Trial Lawyer.... That will get decent evidence of your medical conditions as well and treatment.
    IF they ARE accepting liability, just have them put it in writing and mail it to them. They are likely recording your call and asking you loaded questions like "so you say you are feeling just fine today, no pain or injury or anything. Well dont worry about the car, we'll just go ahead and fix it to put this behind you." TELL THEM NEXT TIME TO STOP CALLING YOU AND PUT EVERYTHING IN WRITING!!
    You alone now are a babe in the wood talking to a big billion dollar hungry bear who is licking his chomps and asking you to spread butter, seasoning, and garlic all over yourself to get "help" you out. And, you are rolling over and answering to them.... "hmm, ...do you think I need to rub more lemon-pepper salt on my thighs?"
    It you dont stop talking and get a lawyer, you will get eaten alive... not just proverbially.

    DISCLAIMER: THE ABOVE INFORMATION IS NOT LEGAL ADVICE. THIS IS GENERAL EDUCATIONAL INFORMATION ONLY AND SHOULD NOT... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Don't do anything until you retain a lawyer

  7. Seth Clark Harmonson

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . You can allow the insurance company to fix your car without waiving the right to a personal injury claim. You should hire a local personal injury lawyer to help you with your claim. Don't sign a release without a lawyer looking at it.

    Call Clark toll free for a free consultation on your TX, NM or AZ case. 877-565-6753. Harmonson Law Firm, P.C.... more
  8. Draper Tobias Rodriguez

    Contributor Level 13

    2

    Lawyers agree

    Answered . Generally property damage claims and personal injury claims are separate and dsitinct. Therefore it is possible to have your vehicle repaired and simultaneously continue treatment for your personal injuries and then make your claim for personal injury at a later date. Please be certain to keep in mind you have two years from the date of the injury to file suit.

    The answering of this question does not constitute a attorney-client relationship. Further by answering this... more

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

Get free answers from experienced attorneys.

 

Ask now

24,950 answers this week

2,652 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

24,950 answers this week

2,652 attorneys answering