Visitor Question

Insurance Assumes Full Liability…

Submitted 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.

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 Kay,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 31, 2012

How Much is Your Injury Claim Worth?

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

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1942 (11) {
    ["term_id"]=>
    int(693)
    ["name"]=>
    string(60) "How Prior Injuries Affect Your Current Personal Injury Claim"
    ["slug"]=>
    string(11) "page_id_383"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(693)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(27)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "168"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *