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Home > Law > Other Law   »   Auto Accident Help

 
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Old Aug 27, 2006, 02:15 PM
BlueGirl
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Auto Accident Help

Hi I was involved in an auto accident and I live in California. This is my first accident and I'm not sure what to do and what not to do. Any help will be appreciated. Thanks and here is my story.

8/19/06
I was sitting at a red light second car in line. The light turned green the car in front of me started to go. So I lifted my foot off the break but then the car in front of me slowed down so i put my foot back on the break the SUV behind me didn't see that I stopped and slammed into the back of my car. So I pulled over to the side of the road checked if everyone was ok in my car (i had 3 other passengers). Then got out of my car to check the damages to my back end and it was pretty smashed up. The SUV behind me that hit me (is a friend) there front end had damage and the car would start anymore. We both decided that we needed to claim this to our insurance companies cause we couldn't fix this on our own.

So the other driver and i both reported this to our insurance companies. At the since of the accident I am having neck and back pains. One of my passengers is having some back pains. My other two passengers said they aren't having any pain and feel fine. The people in the SUV all say there fine (3 including driver).

As of 8/23/06
I have went to the doctors to get check out and my doctor said i have whiplash and i have x-rays are still pending. The other passengers haven't went to the doctors because they say they have no pain and all feel fine.

8/24/06
All passengers in my car have giving there statement to my insurance agent and have all stated that they having no pain and don't need to be seen by a doctor because there fine. My insurance lady has told me that as of today the other drivers insurance has not admitted to fault yet.

As of 8/27/06
I heard from 2 of my passengers (which are sisters ages 18 and 19) that they are planning to sue the driver of the SUV who hit me because they are having pain behind there legs. At this time they haven't been seen by a doctor. There mother (who the live with) has be talking to a lawyer and said that they have a case. I have spoke with these passengers many times through out the week and they have told me many times they are fine. I think there mother just wants to get some money and are making her girls speak to a lawyer.

I am not looking to get any money out of this. All i would like is my car fixed and my medical bills payed for.

My questions are
1. Should i have told my insurance company that the other driver is my friend?
2. If i do tell the insurance company that this is my friend am i going to have any problems getting my car taken care of?
3. Should i tell my insurance company of the other passenger are saying that there hurt now and are planning to sue the other driver?
4. If these other passengers are not hurt do they still have a case?

If there is anything else that you might know please let me know.

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Old Aug 27, 2006, 03:25 PM   #2  
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Quote:
Originally Posted by BlueGirl
My questions are
1. Should i have told my insurance company that the other driver is my friend?
2. If i do tell the insurance company that this is my friend am i going to have any problems getting my car taken care of?
3. Should i tell my insurance company of the other passenger are saying that there hurt now and are planning to sue the other driver?
4. If these other passengers are not hurt do they still have a case?

If there is anything else that you might know please let me know.
Hello Blue:

1. No.

2. Read number one.

3. No.

4. Not really, but they still might collect. Not your concern, though.

excon
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Old Aug 27, 2006, 05:11 PM   #3  
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As excon said, what you needed to do with major damage, is always get a police report.

Next you tell your insurance company exactly what happened.

Next it is most likely that their insurace company may or may not agree to pay, but you may well need an attorney to get your medial bills paid and get your car property fixed.
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Old Aug 29, 2006, 10:00 AM   #4  
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Whether or not the other driver is a friend makes no difference legally so this information makes no difference whatsoever as far as the insurance is concerned. However, informing them that this other driver, who hit you in the rear, is a "friend" may arouse suspicions of a conspiracy on their part and could slow down the processing of your claim. From that perspective, telling them that this other driver is a "friend" may not have been wise but what's done is done. Definitely inform your insurance company that the other passengers are now claiming injury. Strictly speaking, the answer is no, if they are not hurt then they have no case. However, a personal injury claim, especially one involving a rear-end collision, has a way of becoming very "subjective" when defining whether or not someone is truly "hurt." In situations such as this it's often very easy for any involved party to haggle some money out of it, whether they are legitimately injured or not.
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