Visitor Question

My Car is Totalled After Rear End Accident…

Submitted By: Rachel (Sherwood Park, Alberta)

I was driving in a storm and was pulled over to the side of the road as was directed by the police officers. The vehicle behind us did not notice we were stopped and rear ended us causing the vehicle to be a complete write off.

There were four people in the vehicle and all suffered whiplash. The other driver is considered at full fault. Can we all get compensation for our injuries from the driver’s insurance?

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 Rachel,

Absolutely.

When a driver fails to stop and rear-ends the vehicle in front of them, fault is rarely disputed.

Each individual in the car has a potential personal injury claim if they experienced injury.

Whiplash can be painful and can result in injuries to the back, headaches, nerves, spine, etc.

Make sure you have submitted a claim to the other driver’s insurance so that you get a claim number and the matter is assigned to an adjuster.

Most importantly, each person in the vehicle should seek appropriate medical treatment since settlements are based upon your medical bills.

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: September 3, 2011

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