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  1. #1

    Default What to Do After Getting Rear-Ended

    My question involves an injury that occurred in the state of: WA

    Someone rear ended me while I was stopped at a stop light. The estimate for the body damages was $740-$790 at two sepperate shops. The damage is not visable from about 4 ft away. There may be more damage. The biggest concern is that the trunk lid seams out of alignment and that the saftey foam was crushed.

    I felt ok when he hit me other the being alarmed at getting jarred. Next day during work I noticed tenderness in my neck and back.

    A police report was not filed. He did call 911 at my request. I heard him say to the 911 operator that he rear ended me. When I noticed that there was not much damage on the car I asked that the cops not come out.

    My concern is that I have a slight neck/ back injury. I don't know. I may just be more aware. No sharp pains. Just discomfort with slight pain if I move my head far back or two the sides. It has been less the 48hrs since the accident.

    I have his insurance paper work. I never gave him my info.

    What are the next steps?

    Do I contact his insurance? Do I give his insurance company a statement? Do I contact the police first? For my own piece of mind I'm going to go see a doctor. My health insurance will cover it less the $25 copay. I'm not out to get a million $ lawsuit. I'm just concerned about getting good treatment/ diagnosis and driving a safe car.

  2. #2
    Join Date
    Sep 2010
    Posts
    10,097

    Default Re: Was Rear Ended - What Should I Do

    You have two choices, you can contact your insurance company and let the deal with dealing with the other company (if you have a good insurer, this is almost certainly the easier way to go). Your other choice is to file a claim with their insurance company.

    Go ahead and see a doctor now.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,114

    Default Re: Was Rear Ended - What Should I Do

    In order:

    -- Go see your doc.
    -- Go get that accident report filed - your insurance company will want it.
    -- Contact your insurer.

    Your insurance company will handle it from there.
    I'm not a lawyer, but I play a researcher on the internet!
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  4. #4

    Default Re: Was Rear Ended - What Should I Do

    Quote Quoting LawResearcherMissy
    View Post
    In order:

    -- Go see your doc.
    -- Go get that accident report filed - your insurance company will want it.
    -- Contact your insurer.

    Your insurance company will handle it from there.
    A police report was not filed. Should I make a report to the police?

    I only have liability insurance. I declined PIP (injury protection). I have good medical insurance thru my employeer. I'm not sure that my insurance will represent me since they only cover for liability. Should I get an attorney?

    I went to the doctor. They diagnosied me with a medical condition as a result of the collision.

    Is washington state a at-fault or no-fault state? I was stopped at a red light when I got rear-ended.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Was Rear Ended - What Should I Do

    Washington is NOT a no-fault state

    http://www.dmv.org/wa-washington/aut...nal-injury.php
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  6. #6

    Default Re: Was Rear Ended - What Should I Do

    Should I still contact my insurance company even if I don't have PIP and am not at fault? I never game the other party my insurance info.

    Wow!! I only had 4 days to file the collision report. That is not enought time.
    http://apps.leg.wa.gov/RCW/default.aspx?cite=46.52.030

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Was Rear Ended - What Should I Do

    I would let your ins. co. know of the accident.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  8. #8

    Default Re: Was Rear Ended - What Should I Do

    Quote Quoting Betty3
    View Post
    I would let your ins. co. know of the accident.
    Why? What benifit would it be? My insurnace company has no obligation to represent me since I have no PIP and Comprehensive. I only have liability and UIM. Could my insurance company deny me of a future claim by not reporting all accidents... possibly... I read over my policy and see no verbage to such effect. Could my insurance company raise my rates even if I was not at fault. Yes, according to thier own FAQs on the website.

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Was Rear Ended - What Should I Do

    It's just always recommended that if you have an accident (your fault or not) that you report it to your ins. co. Do as you wish/believe is best for you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  10. #10
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Was Rear Ended - What Should I Do

    Quote Quoting dwa
    View Post
    Why? What benifit would it be? My insurnace company has no obligation to represent me since I have no PIP and Comprehensive. I only have liability and UIM. Could my insurance company deny me of a future claim by not reporting all accidents... possibly... I read over my policy and see no verbage to such effect. Could my insurance company raise my rates even if I was not at fault. Yes, according to thier own FAQs on the website.
    I agree with the others that you should report this to the insurance companies immediately, for these reasons:

    - Most if not all auto insurance policies require that you report ALL accidents, regardless whether you are at fault or not. You are making a personal interpretation of the policy, since you only have liability coverage, and you ASSUME, perhaps correctly, the other person is at fault, you would not be sued, and incorrectly assume that you don't have to report anything.

    Since a police report was never filed, it would seem that a new version of the accident can always be made up, like "you cut in front of him at the last minute without looking".

    - Most if not all insurance policies require that you report ALL likely claims within 30 days, or they might decline to cover you, or even not represent you if you do not. Most innocent naive people, and I hope you ar not one, thinking they are completely not at fault would based on THEIR view of the facts, would suddenly be jolted to their senses when you get sued based on some "oddball" or "out of this world" theory, that only some lawyers could think of, or perhaps a real theory based on concocted facts. If you are sued based on this, would you like to hear your insurance company to say "sorry, get your own lawyer, you didn't report the claim in 30 days like you were supposed to, and on top of which, we would not pay the claim even if they prevail"??

    I handle insurance claims for my business, and now my non-profit employer, and I have dropped the ball on filing claims, and some insurance company said they would not honor my claim even if I was not wrong because I did not file the claim in 30 days. However, they did agree to act as legal department dealing with the plaintiff's attorneys.

    One word of caution here.

    In such cases, when the insurance company represents your interest, but would not be paying, you would have to determine if this representation is DETRIMENTAL to your interest. If a lawusit is bought, and they told you they would not cover you if you lose the case ( you didn't file on time ), how hard are they going to pursue the case in court. Are they just going to settle the case to be done with it, and say to you "guess you'll have to pay this guy $100,000".

    How do you prevent such a nightmare?? Don't try to be an insurance expert and report every claim, and let them tell you not to.

    And a word about reading your policy.

    I used an insurance agent, the same one for over 30 years, and from time to time, I had to call and get clarification on my policy. Often, they tell me about this or that is in the policy, but I can't seem to find it.

    It turns out there is a base policy, the first one, and the rest are "memorandums of renewals" that kinda look like a policy, but doesn't have everything in it. Here, I thought I read everything, but reading everything on an incompete renewal is just as bad as not reading it at all.

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