Insurance Assumes Full Liability...

by Kay
(Mckinney, Texas)

I was hit by a driver who turned in front of a trash truck. Her SUV was hit by the truck and landed on the front of my car. There was $8000.00 dollars damage and her insurance company has assumed full liability and repaired my car.

However I was already out from my job with a back injury and was undergoing treatment. I just finished treatment and the doctor tells me I have a permanent lifting restriction. In addition I have personal insurance and they have been sending me 65% of my income.

I guess what I'm asking is, how might I handle the claim since I was already injured at the time of the accident but also received additional injuries from the wreck? Also, can I ask the at-fault driver's insurance company for lost wages? Thanks for any information you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Insurance Assumes Full Liability...":

Kay (Mckinney, Texas):

You have a right to ask the at-fault driver to reimburse you for your injuries and all their resulting costs. At this point you don't have to be concerned with your previous injury. That will be up to the at-fault driver's insurance company. It's up to them to contest your damages. They have the obligation to prove any differences in your injuries.

You also have the right to ask the at-fault driver's insurance company to reimburse you for your lost wages. If though, you were already not working as a result of the first injury you may have trouble getting the insurance company to pay any of your current lost wages. If they do it will only be for the wages you can prove you lost as a result of the new injury.

There are some instances where individuals can represent themselves in a personal injury case. This is probably not one of them. Because of the complications associated with this new injury you would be best served by consulting with a personal injury attorney. Most won't charge for an initial office consultation.

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

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Prior Injury Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: