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How should I file a claim regarding a car rear-ending my car when traffic is paused?

Garden Grove, CA |

Me: Feelings of confusion, nausea, dizziness, shortness of breath, requires assistance walking, some pain

Car: Damaged bumper, inverted body frame, passenger side door has trouble opening, traction on wheels are uneven, front-end alignments required, right end wheel skewed

Traffic was paused and I was rear ended while my car stopped. The other driver looked to make a lane change and took eyes off the road ahead, which caused the collision. She is insured and accepts responsibility for reckless driving. A police report was filed.

I want to know how to file a claim to my auto insurance company (I am covered both ways). How do I get them to pay for future medical expenses? We cannot foresee future health complications. I don't wan the insurance company to underestimate my injuries.

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Attorney answers 8


Call your insurance agent. If you do not have one because you purchased insurance some other way, get on line and type in the name of your carrier in a search engine such as google. Call the 1-800 number to start a claim. It is just that easy.

In the meantime, you also need to make a call to a personal injury attorney's office immediately. That attorney -- once retained -- can help you through the process until the finish line.

Best of luck and here's to a speedy recovery.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.



How do I make sure that I'm not getting the short-end of the stick when the claim is settled? Are there free personal injury attorneys? I know that law fees can be quite costly and end up taking the majority of claim settlement? Thanks for your quick response. I appreciate your thoughtfulness too.

Daniel Nelson Deasy

Daniel Nelson Deasy


There is no free attorney out there for you but ask yourself why the attorney should work your file for free? We personal injury attorneys know how to build cases, negotiate resolutions, keep the insurance company off your back, and have a great incentive to get you as much as we can as fast as we can because that's how we get paid. I have worked PI cases for the last 12 or 13 years and I have never had a client tell me, at the end of the claim, that they wish they had done it on their own!! Interview several attorneys and search for the right fit. You want someone to plot out the course of your claim for you and someone that communicates. Without that fit, it can be a nighmare. I wish you all the luck in the world!


Call your agent and report the accident right away as most insurance policies require notice to your own insurance company in a "reasonably prompt" manner.

Determination of future health complications have to be not only foreseen but also documented at the time of settlement. Here's more:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


The process starts with reporting the claim to your automobile insurance agenty or company's claims department. Look at your proof of insurance card and there should be a phone number to call to report the claim. They will take if from there.

If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.


As discussed in the answers, you can contact your insurance company and you should report the accident as required by state law to the DMV ( your insurance company or an attorney can give you the proper form). If you have physical injuries/complaints you should seek immediate care from your doctor or one referred by your attorney. The insurance company will not pay for possible future complaints that are not documented. You should contact a personal injury lawyer to discuss your options.

John Nojima


This sounds like a case of clear liability on the other driver for either making an unsafe lane change, following too closely or traveling at an unsafe speed or a combination of all of the above. You should seek medical attention first and then you should retain the services of an attorney. You are entitled to both present and future medical expenses, lost wages (if this causes you to miss work), pain and suffering and potentially other damages. An attorney can assist you with processing the property damage claim as well.

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.


You should immediately notify your insurance company. the quickest way to fix your vehicle damage is to go through your own insurance carrier. You should seek immediate medical attention to address your injuries.

Don't go it alone. Contact a personal injury attorney and let them handle your claim against the other driver. Otherwise you will be second guessing yourself all the way through and could end up that it is you that underestimates your injuries.


With all due respect, you should contact a competent plaintiff personal injury lawyer, and let the lawyer open the claim for you. You may have a closed head injury or other serious condition. Le the lawyer handle it. No fee out of pocket, and you only pay if the lawyer settles case or wins at trial.
Adam Sorrells
Law Offices of Adam Sorrells
Chico, CA

The above was not legal advice and cannot be relied on. For informational purposes only. Some of the time periods in which you are legal required to act can be incredibly short, some as short as 6 months. Time is of the essence, do not delay seeking legal advice and pursuing your legal rights. No attorney/client relationship formed.


Get the Facts
This is the part most people know to do, but often forget to after the accident for one reason or another. It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don't just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number.

Call Your Insurance Agent
Call your agent or insurance company's 800-number immediately, even at the scene with the police if possible. Sometimes the police officer can give your insurance company more accurate information rather than information you may not be recording properly because you are upset by the accident. This can save you a lot of time later waiting for your claim to be processed.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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