Visitor Question

Automobile Accident Insurance Claim…

Submitted By: Barbara (Hallandale, FL, USA)

I have an automobile accident insurance claim question. I was in my vehicle at a complete stop at a red light. My 19 year old son was on the passenger side and 3 of my grand kids (14, 8 & 4 yrs old) were in the back seat when a pickup truck plowed into the back of my car. We all had our seat belts on.

Everyone in the car sustained whiplash and has back & neck pain, headaches, and also some leg pain. My car has damage to the trunk and back bumper area. I can no longer open my trunk. I also had groceries in the trunk that I could not open and take out.

I have an old car but it runs good. It had no dents and everything worked. Now it’s banged up and I was told that I will only get blue book value, which would be maybe $500. I paid more for it than that.

Do you think that we may have grounds for a lawsuit?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Barbara,

Barbara:

From the facts you present it is difficult to tell if a Police Officer responded to the scene. In injury/collision cases normally that is the procedure. When the police do respond, if they find one vehicle ran into the rear of another they will normally issue a citation to the at-fault driver.

When the collision occurred you should have exchanged insurance information with the at-fault driver. As a result, filing a lawsuit may be a last resort. In cases like yours the at-fault driver’s insurance company will most likely want to settle the case with you.

You should make sure each of the children is checked by a physician. From the facts you present it is difficult to tell if your son and grandchildren were rushed to the emergency room. It is important for the children’s parents to follow up with the medical treatment for their kids. You and your son should as well.

Because of the complicated nature of the injuries and the parties involved you would be well-served to consult with a Personal Injury Attorney. You should suggest to the children’s parents they also consult with a qualified and reputable Personal Injury Attorney.

There are time limitations involved in these types of cases so it makes consulting with Attorneys promptly very important.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 14, 2011

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