Not-At-Fault Car Accident: What Next?

[Millarca]

Hello all!

I am hoping to get some advice!

I was in a car accident two days ago. The other driver darted out in front of me from a side street, so he is at fault (and willingly admitted so). My car is totaled, and I suffered a broken ankle. I didn't get any information from the other driver because I was taken to the ER. I was in so much pain.

I've only had two car accidents in my life. The first one was my fault and seven years ago. This is my second one, and it's the other driver's fault. So I'm at a complete loss as to what to do next.

I am waiting on the accident report because I realize I can't set anything in motion until I get that. But what I'm curious about is this: I want to get what's fair. I want to be compensated, not only for the car loss, but pain and suffering, wage loss, and any other damage I am entitled to. I don't want to be unfair to the other driver; he stayed with me the entire time and he admitted fault. But I have suffered a lot in these past few days. I have a 75% chance of needing surgery for my ankle. I am sore from head to toe, and I can't do anything for myself. I can't laugh because the airbag obviously hit me in the chest (it was in my lap when I came to, but my glasses were still on my face). My dog was in the car and was traumatized (though he is just fine now). My partner has lost wages himself because he has stayed home to take care of me. There are losses, and I want to get fair compensation for them.

How do I know what's a fair amount from his insurance company's adjuster?

I've just never been in this situation before, and I want to be prepared for when the accident report is ready and I begin communication with the other party. If you've been through this situation before, know someone who has or just simply know how to proceed in these cases, will you please help me? I'm afraid to talk to the other driver's company!

Thank you in advance, guys!!

 

[Sci-Fi]

Wow, good thing you are okay. Sounds like the other person didn't even stop before they came through the intersection. Was it a stop sign or traffic lights?

I've seen a lot of these cases on court programs. You could get your medical bills covered, if you have any, depends on where you live and what kind of coverage you have. Loss of work can sometimes be a difficult one to get, I see very few people get that, but it has happened. Insurance companies will usually only cover what is covered, if you don't have any kind of medical then you won't get that. You will probably need a lawyer and take the at fault driver to court to get loss of work and any medical bills that isn't covered by insurance. You can only sue for what isn't covered, you can't sue for something you have been compensated for. I've seen people try that and it gets dismissed. Good luck.

 

[Minus]

When it happened to me, i filed the claim with the other guys insurance company the next day. Due to the other guy being more interested in his cell phone than in his driving i was left without a vehicle and really couldn't delay the matter. His insurance company had no problem opening the claim just based on the information card the police officer gave me.

You don't have to worry about being "unfair to the other driver". You will be dealing with his insurance company, not the other driver. Out of my three experience in dealing with adjusters, two were quite negative. Make sure you keep track of what this costs you. They will determine what they feel your losses were and then they will tell you what they are going to pay you. If you feel that it isn't right you can try to convince them why. If you are not happy with the results then you can take it to court.

While it can vary by state the mandatory liability insurance laws probably do require both bodily injury and property damage coverage.

 

[Edward W]

Not sure where you are or the legal system you deal with, but try and record everything you can, especially any admission of guilt.

When I got crashed into the guy apologised and admitted it was his fault, but then claimed I hit HIM! It went to court and in the end they ruled in his favour!!! So keep records of what happened, photos of the incident if any, witnesses etc.

Hopefully it wont come to that, but if it does it is helpful to be able to backup your side.

Good luck!