Visitor Question

Car Totalled in Rear End Collision…

Submitted By: Volton (Bossier City, LA)

My wife was struck from behind while stopped at red light. Her car got smashed between two cars in front and behind. The person who hit her from the back is obviously at fault. We have police reports and have called to get a claim number. The car was considered totaled by the Toyota collision center.

My wife is seeing a doctor now for back and neck pain but we don’t know what her treatment will entail. Should we pursue the at-fault driver’s insurance company for the settlement now or wait until she gets treatment?

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.


Dear Volton,

You definitely want to wait until your wife completes her treatment. Personal injury claims are based on medical bills, out-of-pocket expenses and lost wages. If you do not wait until she completes her treatment, you will ultimately base your demand for damages on insufficient information.

Make sure you have a claim number and pay close attention to the statute of limitations, but as far as submitting a demand letter, you should wait until she is done treating.

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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