i was a passenger in a rear end collision recently. We were waiting at a red light and some guy hit us. the driver in the car i was in did not report the accident to the cops or to her insurance. i told her that i had a headache along with neck pain and back pain. what are my rights? also i am covered on my grandma insurance policy can i use her insurance for medical bills
You have the ability to file on the driver's insurance as well as the at fault party's insurance and your grandmother's insurance. Your best option is to file with the at fault partys insurance if you know it. You need to seek medical treatment immediately. If you do not, all insurance companies may state that your injuries are not related to this incident. Feel free to call me for more information. No charge to you.
Your friend made a mistake in not reporting this incident to her insurance carrier and the police. You should report your injury to her insurance carrier. She may well carry personal injury protection or medical payments coverage on her vehicle, which will pay for your medical care and treatment. You may also be covered for your medical bills under your grandmother's policy. You should report the incident to your grandmother's insurance carrier as well.
You will also be covered under the uninsured/underinsured motorist coverage provisions of your friend's auto in which you were a passenger. You will also be covered under your grandmother's provisions in her policy for the same coverage.
You should seek medical care and treatment now if needed. You can give the doctors and hospitals the insurance claim number of your friend's insurance carrier for any medical payments or personal injury protection coverage. Your grandmother's policy is probably secondary. If you have any other coverage such as group coverage through Blue Cross/Blue Shield or Medicaid, those would be tertiary sources for payment of your medical bills.
If you are having continuing medical issues from the accident, I suggest that you contact a personal injury attorney in your area and see whether or not the attorney is in a position to undertake your representation. In the meantime, you should not give any statement whatsoever to the adverse driver's insurance carrier nor grant access to your medical records without first speaking to an attorney.
You may also find it helpful to review the Legal Guides I have published on Avvo.com, many of which deal with the situations you are now facing after this collision.
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 insure proper advice is received.
You still have the right to make a claim against the at fault driver, regardless of the fact that the vehicle owner did not report the accident immediately to their insurance carrier or law enforcement. You have 4 years from the date of the accident to actually file a lawsuit against the at fault driver and owner.
With regard to insurance, you should report the accident now to the insurance carrier of the car you were in, as well as your grandmothers insurance if you live with your grandmother. If you have your own auto insurance or lived with any other relative on the date of the accident, your accident will need to be reported to them also. I reccommend you sit down with a lawyer or at least talk with one over the phone before you do this. Please do not delay this or your medical care any further as you still have a case that is damaged further as each day goes by without proper action being taken by you. You can visit my website or feel free to call me toll free to further answer any questions you have.
Contact me because I would be happy to help you.
Dennis Phillips, Esq.
Florida personal injury and wrongful death plaintiffs' lawyer
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