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

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. 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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


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

    Vuk Stevan Vujasinovic, Board Certified, Highest Possible "10" AVVO Rating (877 ) 724-7800


  3. 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 actual facts of the case.


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


  5. 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 BE RELIED UPON AS ACTUAL LEGAL ADVICE. FOR LEGAL REPRESENTATION OR A CONSULTATION, PLEASE CONTACT OUR FIRM DIRECTLY. WE CAN MEET NEAR YOU IF NEEDED AND YOU ARE LOCAL-- EVENINGS & WEEKENDS MEETINGS ARE OK! JUST CLICK ON MY NAME TO GET MY WEBSITE VIA THE BUTTON ON MY PROFILE. " CHRIS" at AVVO says I can't put it here,... even though everyone else does! EMAIL: ek@bizlaw.pro


  6. 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. accepts cases throughout TX, NM and AZ. No attorney-client relationship is established by S. Clark Harmonson / Harmonson Law Firm, P.C.'s reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. Clark Harmonson / Harmonson Law Firm, P.C. is through a written fee agreement signed by S. Clark Harmonson / Harmonson Law Firm, P.C.


  7. 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 question the attorney has not agreed to represent inquisitor.