Legal Question in Personal Injury in California
Auto Accident Vehicle Replacement/Injury
I was recently involved in an accident that involved the other party hitting the vehicle in the rear going approximately 45-50 miles per hour. I went to urgent care within a couple hours of the incident and they said I have whiplash. The insurance company has declared the van totaled and is telling us a certain amount of money they will pay as the value of the vehicle. It won't enough to go get a used vehicle of the same model year(1998) and the rental coverage will run out soon. I have paid extra for a very little increase in car rental size because I have 4 children. There are things that I should have been doing and taking care of the last few weeks that I have been unable to do because of this whole situation. 1. Does the other insurance company have to help defray the rental car costs and pay money towards the replacement of the vehicle, as well as compensate for the inability I have had to get certain things done because of this? 2. Do I just contact the other insurance company to have them reimburse for medical expenses?
7 Answers from Attorneys
Re: Auto Accident Vehicle Replacement/Injury
You should contact an attorney immediately.
If you had insurance and you are in the Los Angeles area, please feel free to contact my office for a free telephone consult.
Robert Reed
818-365-6445
Re: Auto Accident Vehicle Replacement/Injury
The insurance company is responsible for the fair market value of your vehicle. If they refuse to make payment, you can make a claim under your own insurance policy. Submit to them proof that the car is worth more than they have offered such as the Auto Trader. You are also entitled to reimbursement for rental car, medical bills, loss of earnings and pain and suffering.
Re: Auto Accident Vehicle Replacement/Injury
You were rear ended, have a whiplash. Why don't you have an attorney on this. The party who hit you is liable for all of the damages proximately caused by his negligence. That means the cost of temporary transportation, i.e. a suitable car rental, full replacement value of your vehicle assuming is was totaled, medical bills, loss of earning capacity if applicable, pain and suffering, etc.
Call me for a free consultation if you are anywhere in the Los Angeles area.
Re: Auto Accident Vehicle Replacement/Injury
If you contact the other insurance company be careful as to any question that they may ask. It is best to have someone represent you in this matter.
If you were injured, as you stated, then you should follow up with your doctor so that your injuries are fully assessed and treated. Do not agree to a hasty settlement as insurance companies will frequently attempt to talk you into small settlement rather quickly. Once you have signed the settlement documents, you won't be able to bring an action at a later date for your damages. Therefore, it is important to get your case evaluated by an attorney before entering into settlement negotiations.
If you need assistance, call your lawyer or call me for a free consultation (323)782-0099. Good luck.
Re: Auto Accident Vehicle Replacement/Injury
You obviously need a good attorney to handle your personal injury case, to get full recovery value for your damages. If you 'meddle' with this yourself, you could adversely affect the case value. Contact me by email if interested in discussing the case details and value.
Re: Auto Accident Vehicle Replacement/Injury
The accident sounds like it was serious enough for you to hire, or at least consult with, a personal injury attorney. The case would be handled on a contingency basis, with no money due from you until the time of settlement or award.
The attorney can negotiate the car, rental car, medical bills and future medical bills, and lost wages. You are also entitled to pain and suffering damages, based on the amount of other damages listed above, which means you should be able to pay the attorney, the above bills, and be paid extra money as well. Consult with some attorneys as soon as possible.
Re: Auto Accident Vehicle Replacement/Injury
The first thing for you to do is obtain an attorney to represent you. You are no match for the insurance co. You also have to notify your insurance co. If you have collision coverage, then your insurance should pay rental. You are entitled to rental reimbursement from the other side. You should also check what the value of your car is to insure proper payment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
