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I was involved in a traffic collision while driving company truck. How do I get a settlement from the third party's insurance?

Rialto, CA |

I was waiting for the light to change and a big SUV plowed into me from behind causing me to hit the truck in front of me. It caused whiplash injuries to my head neck and back. I was off for a week. I returned to work but still have low grade lower back pain.

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Attorney answers 3


Get a personal injury lawyer to assist you. It sounds like you may be advised that a negligence tort suit can be made on your behalf.

You may find my Legal Guide Successful Start for a Personal Injury Lawsuit helpful.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


You also might be eligible for workers compensation. You need to discuss w/c and third party liability with a CA personal injury attorney.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.

Mr. Sarno is licensed to practice law in NJ and NY. His response here 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 in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.


I have over 25 years experience is trying and settling auto collision cases so if you want to settle your case you will either have to hire an attorney or send the SUV' driver's insurance company a demand package. A demand package would include a letter explaining the liability and the damages and injuries along with copies of all the medical records and bills related to the collision and a wage loss verification if you lost wages. You will probably get more if you hire an attorney even after paying their fees.
Also remember that you have two years to file a lawsuit or your claim will be barred by the passage of time.
Good luck and hope that helps.