Visitor Question

Rear End Collision Injuries Disputed by Insurance Company…

Submitted By: Kathie (Lexington, NC)

I was rear ended by a car as I was turning into my drive, her car has $1,300 in damage. Mine has $650, my under-carriage was bent.

I went to the hospital and they found a compound fracture. The insurance is saying that I must have already had the fracture. But I was not in pain before the wreck and now I have pain in my back, lower back, hips and legs. I’m not sure what to do at this time. Any advice? Thank you.

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 Kathie,

Kathie:

Because you didn’t mention the presence of a Police Officer, we presume a Police Report does not exist. A Police report might provide clear and convincing evidence of the other driver’s negligence.

In your case if you are convinced the other driver was wholly at fault and the other driver’s insurance company has denied your claim you have at least two (2) options.

1. Look at your insurance policy to see if you have Under Insured Motorist Coverage. If you aren’t sure call your insurance company to find out. If you have Under Insured Motorist coverage you will be able to submit the entire claim to your insurance company and they will take it from there using all their resources to investigate the claim.

Your insurance company will not hold such a claim against you. That’s the purpose of having such coverage. They will investigate the circumstances of the collision and determine who, if anyone was at fault. If they conclude it was the other driver, then your claim for benefits should be paid without question. On the other hand if their investigation determines you were the at-fault driver, you may have a difficult time getting them to pay.

2. Sue the driver in Small Claims Court. There is usually a nominal fee to file suit against her. Most Small Claims Courts hear cases up to about $5,000 dollars.

3. Contact a qualified Personal Injury Attorney. Most qualified Personal Injury Attorneys do not charge any fee to sit and discuss your case with you. That way you will really know where you stand and what your legal options are.

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: March 4, 2011

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