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If I was rear ended in an accident what rights do I have. I was at a stop light and got hit hard

Los Angeles, CA |

rear ended at a stop light.. I had my brother and sister in the car with me too. The autobody says the car is totaled.

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Attorney answers 6

Posted

What rights do you have for what? Could you be more specific in your question? You should report the accident to the other driver's insurance company as well as your own. Seek medical treatment if you are injured and have not done so yet. Also, speak with a local personal injury attorney to discuss your options.

Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue.

Posted

You have a claim for the damage to your vehicle ("property damage") and a claim for any injuries you sustained ("bodily injury"), which consists of all past and future medical expenses, lost income and pain and suffering. Your brother and sister would also have claims for any bodily injury they sustained.

When a vehicle is totalled, you are entitled to recover its "fair market value" just before the collision. Essentially the insurance company must buy it for what you could have sold it for in a private party sale. You are also entitled to recover any indcidental costs like towing, storage or a rental charges.

You should consult a good personal injury attorney to understand your rights.

Good luck.

Posted

Hopefully the police were called and investigated the crash. Get a copy of the report, which should have the other driver’s insurance information. Call they about settling your property damage claim. If the other driver was not insured then report it to your insurance carrier as a UM claim. Do not give ant recorded statements or sign any authorizations. Lastly, if you were injured then you need to see a doctor as well as call an personal injury attorney.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

You could find a great article, by the Avvo Staff, on this very topic, at the link I have provided for you below. Also, I agree with Mr. Sevenish--you should make contacting a personal injury attorney, in Los Angeles, a priority. The good news is that some L.A. attorneys, like myself, provide free consultations, so you really have nothing to lose by calling.

http://www.avvo.com/legal-guides/vehicle-injury?ref=kb_serp_title_2

Posted

If you or any of your passengers were injured, you need to seek prompt medical treatement and to retain a personal injury attorney immediately prior to making any statements to any of the insurance representatives. Rear end collisions are almost always the fault of the party in the rear and this scenario is very common. For more information on rear end collision cases in CA go to our blog: http://rearendcollisionattorneys.blogspot.com/

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

Posted

You do not mention injuries, but if you need medical attention, make sure you get the care that you need. Make sure to notify your auto insurance company

Since you were hit in the rear, the other driver will be liable for damages. If there were no injuries, you are entitled to compensation for your property damage, that is, the damage to our car. You can work through your insurance company to collect this compensation, but if that fails, you can take the other driver to court to recover for your property damages.

If you or your passengers have been hurt in a rear end accident, you may be entitled to compensation. Pursuing a claim and a possible lawsuit in a car accident case cannot undo the damage that you suffer; it can only offer your compensation for your losses. In general, the compensation for a car accident case covers three areas of losses:

• Unpaid medical bills
• Lost Wages
• Pain and Suffering

Pain and suffering is the most variable component to an award for damages. This category includes the value of a person’s inability to engage in activities that she enjoyed before the injury. It includes the permanence of any injury. It encompasses the adverse effect an injury can have on a person in the past or in the future. To determine the value of an injury, an attorney needs to interview the client, analyze the medical records, consult with medical experts, review the case law and consider the evidence the attorney can offer to support the I claim for damages. Court awards will vary by the county, so an attorney needs to take into account the location of a potential trial.

If you have questions, you should consult a local personal injury attorney with experience in handling car accident cases. You can find a good lawyer here on Avvo or through your local bar association. I have attached a link to an article on Rear End Car Accidents in New York. The laws in New York are different, but you might find some of this information helpful.

The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship. If you are in the New York metropolitan area, feel free to call us at 1-800-660-1466 or contact our website www.SchlittLaw.com and I will see if we can help you.

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