You would make a claim to the drivers insurance company for your injuries - and if you cannot agree to an appropriate settlement you would file suit, against the driver. If the vehicle is deemed a total loss you would ordinarily receive an offer from the insurance carrier based on the value of the vehicle at the time of the accident. A settlement of the property damage claim would not settle your injury claim. You may want to consult with a personal injury attorney.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside.
If you are in Arizona and interested in discussing your matter further I can be reached at:
Mark D. Fullerton, P.C.
1839 S. Alma School Road, Suite 275
Mesa, Arizona 85210
Hire a local injury attorney so your rights can be explained to you in more detail.
Please note that we are not forming an attorney - client relationship and the advice is meant to be general.
Law Offices of Joel J. Kofsky
1616 Walnut Street
Philadelphia, PA 19103
Under Georgia law the claim for property damage is separate from the claim for bodily injury so that the property damage can be settled promptly. Check to make sure that you signed a property damage only release rather than a general release that could include the bodily injury claim too.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.,
If this information has been helpful, please indicate below.
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 ensure proper advice is received.