QuestionHi Richard,
I hired a rental car and was driving on the Freeway when a car behind ran into the back of me. The rental car is a write-off and the other driver's car has a lot of damage to the front. As I am a non-resident, I immediately called the police and the highway patrol took a statement and gave me a card with the report incident number etc on it. I then called the rental company who organized a tow truck and brought another car to me.
At the time I was in shock and had to cancel a business meeting that I was on the way to, and ended up going home and going straight to bed. I lost a full day's work the following day and will have to re-hire a car for the rearranged business meeting.
I suffered an injury in the accident and have to go to see a chiropractor to get my back sorted out.
The other driver admitted being at fault and the Policeman said his report would include this. A witness to the accident (the driver of the car in front of me) had seen that I had been hit and returned to the scene to provide his details.
My question relates to what happens now. The card the policeman gave me says the report will be available in 7-10 days. In the meantime, I have no details from the other driver - as the policeman said it will be on the report, and I'm uncertain of the procedure for making a claim.
1. Do I need to get myself a lawyer to represent me for my claim? If so, who pays for the lawyer and when?
2. I know you can't answer any questions about the insurance cover, unless you see the policy, but I bought insurance in my home country to cover me worldwide and it covers me for any excess etc. As the other driver is at fault, I'm not sure if I should be contacting them my insurance company. (It only covers for excess). What's your advice on this?
3. Should I take calls from the other driver's insurance company or refer them to a lawyer (if I need to appoint one)?
4. How do I go about putting a claim in for the injuries sustained?
Thanks for your time.
AnswerHi Amanda,
I will try to answer your question in the order in which you asked them.
1) At this point you do not need a lawyer. Any lawyer will take 30 to 40% of whats collected out of your settlement. It is not passed on the the at-fault person or their insurance. You would only hire an attorney if you are unabe to reach a reasonable settlement on your own.
2) You will have to wait for the police report to obtain the at-fault drivers insurance info. Then you should call his insurance company and file a claim. Since your insurance is only excess coverage, there is no need to inform them until you speak to the primary insurance company.
3) If you receive a call from the at-fault drivers insurance company you should give them a statement. Provide them with all of the details on your rental car and who they can contact at the rental agency to arrange payment of the claim. Be aware that the rental company will likely try to collect from you since you are the contract holder of the rental. Be careful to coordinate and verify all payments.
4) When you speak to the at-fault insurance company, inform them of your injuries, where you have gone and will go for treatment. Once all of your treatment is complete, you will negotiate a settlement based on the extent of injuries, cost of treatment, lost wages and pain & suffering. Generally settlements should be in the range of 3 to 4 times the total of the medical bills.
I hope this helps
Richard Hixenbaugh
