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I've been in an car accident and I am not at fault. My vehicle has been totaled, what next?

Middletown, NJ |

After accident I was transported to emergency room via ambulance for head & neck injury. Other parties insurance company(GEICO) accepted full liability for the claim after seeing police report. They totaled out my vehicle and made a fair offer to me. I sent them my title and am awaiting my vehicle check. I've been playing phone tag with the adjusters but other than that, they have been pretty good at keeping me in a rental car (at least until my total loss check comes in the mail.) Are they obligated to keep in rental until I receive this check or after? My insurance(esurance) had mentioned a medical settlement.. I do not want a long drawn out case, but I feel I am entitled to injury damages and time off work, as well as the fact I need a new car now. What should I do from this point?

* I have only been in contact with the other person's insurer for the total loss of my car, not for anything medical. I know my insurance deals with my medical, and my medical adjuster sent me paperwork about a medical claim that I have not sent back (as I did not want to sign anything without advice). I have sought out treatment for my injuries already (headaches, neck pain..). I think I should contact and attorney but was unsure if I really "had a case".

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Attorney answers 5


Your insurance is responsible for medical treatment associated with the accident and property damage. You should not discuss the case with the adjuster for the insurance company for the other vehicle and should consult a personal injury attorney. We offer free consultations.


Much more information is needed to evaluate your claim. You should contact an experience personal injury attorney as soon as possible. Call us at 732-741-4448 if you have any questions.

It should be understood that even though I am answering your question, no attorney-client relationship exists between us. It should be further understood that while I am doing my best to answer your question based upon the information you provided, I do not have the complete facts and my answer might well be different, if I had more complete information. For these reasons, it is always best to consult either in person or by telephone with a lawyer and discuss your issues in detail.


More facts are needed to ascertain what damages you are eligible to receive. Make sure you retain a pesonal injury lawyer with a low contingency fee, less than 30%, so you are left with some money after the lawyer takes his/her fee.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755


Often times the responsibility for rental payment ends as soon as the car is totaled and check is sent. Be prepared to return the rental ASAP. Many times this is difficult because people are unable to get a replacement car right away, especially because the check for property damage rarely provides enough to get you into a new car. You should start that process as well. They will not keeping paying for rental.

I am not sure what medical settlement your own insurance company is talking about - or what you mean by that - if you mean payment for pain and suffering, and lost wages, then that settlement would come from Geico and not Esurance.

You should contact a lawyer right away. As you can see, many lawyers will offer free consultations for accident cases. Take advantage of that, I tell clients all the time, it is one of the few times you truly get something for free from a lawyer. But the bottom line is that you will be better off by doing so, because we as lawyers, can help.

Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


It depends on the type of insurance you have. Most drivers have a verbal, tort or limited threshold. This means you have to have a serious injury to collect such as a herniated disc in your back or neck. I can explain further if you wish.

John Ducey

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