February 07 2018. I was on a side street which speed limit was 35 I was about to enter in the freeway but had to stop to yield for a pedestrian but as I was at full stop a lincoln navigator 2003 (van i believe) rear ended my subcompact car toyota yaris ia 2018 of 1 week old with only 400 miles on it. When asking for his information I learned that his license was suspended, so I took a photo to his insurance number and his passport. My car was towed to my house in the parking lot as my insurance agent instructed me then I went to my their office to file a claim.
February 08 2018. Went to California Highway Patrol and filed a police report. They confirmed that his license was suspended. Went to the hospital for a check up because my neck was starting to hurt anytime I try to twist it or just standing for a moment. No broken bone but I'll have to take painkiller and miss work.
I spoke to his insurance which I made a statement of the event of accident. They will let me know what happen next.
I have filmed everything in my dash cam both front and rear so I have proof of what really happened.
What should I do next? Thank you.
It was a mistake to talk to the other insurance company. You need to speak with a qualified personal injury attorney, and follow up with all appropriate medical care.
If you were injured, and will require further treatment, and will have a loss of earnings claim as well, you should interview and hire an experienced personal injury attorney to represent you. Most reputable PI attorneys will work on the property damage, rental, and loss of use without charging a fee for those recoveries. Do yourself a favor. Do not try to do it yourself. The insurance company adjuster deals with these cases every day, and is responsible to try to save as much money as possible for the insurance company. Your attorney will have the same qualifications and experience, and will be able to maximize your recovery.
Advise your insurance company
Seek a consultation with a local personal injury lawyer
1. Assuming that the automobile accident occurred in the State of California, in which city and county did the automobile accident occur in?
2. At the date and time of the automobile accident, did you have active, automobile insurance on the vehicle that you were driving that was involved in the automobile accident?
3. At the date and time of the automobile accident, did the opposing party have active, automobile insurance on the vehicle that he or she was driving that was involved in the automobile accident?
4. In the present and in the future, do not talk to the opposing party's automobile insurance carrier. The opposing party's automobile insurance carrier does not have your best interest at mind and at heart. You need to consult with and hire a licensed California car accident/personal injury attorney.
5. As a result of the automobile accident, did you require an ambulance?
You got rearended and injured and are already getting medical care? So far, so good... sounds to me like that it's time to hire a lawyer so all you have to worry about is getting better... the lawyer can handle the insurance companies (theirs and yours) and the other driver and all of that stuff.
* DOCTOR PAUL J. MOLINARO, M.D., J.D. is an Attorney and Physician who is licensed to practice law only in the State of California. ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. *** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review. ***** This post and any others I make, could possibly be considered an advertisement for legal services whether intended to or not.
Stop conversing with his insurance company immediately.
Your best bet is to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Glad to know that you are able to record this incident through your dash cam.
Based on your statement, it appears that you may have suffered injuries and may need further treatment. You also mentioned that you had to miss work because of this. That being said, I suggest that you hire an experienced lawyer to represent you instead of doing this on your own. This way, you can be certain that you are getting the most out of your claim. Get well soon!
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
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