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  1. #1
    Join Date
    Jun 2016
    Posts
    1

    Default Claiming Compensation for a Back Injury After a Car Accident

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

    Rear ended while stopped at a traffic light. Other driver has same insurance company as myself. I have back pain and damage to rear of new truck. Headed to personal doctor today and apt for truck estimate. What other steps do I need to take for injury claim and compensation? How easily will they settle as other driver is from same insurance company? advise?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,379

    Default Re: Claiming Compensation for a Back Injury After a Car Accident

    Actually you don't have the same insurance carrier. The insurance carrier for the other driver might have the same name as your insurance carrier but they are decidedly different. The insurance company that writes your policy has a contractual obligation to provide you with the coverage stated in the policy. The insurance company that writes the other driver's policy has a contractual obligation to the other driver to defend him against your claim. That company is not your insurance company and owes you nothing unless a court of law says how much. Until then it's all a matter of negotiation.

    That being said, being rear-ended makes the other driver at fault and makes the claim for vehicle damage and injury payable under HIS policy.

    In your dealings with the claim rep, make sure that the claim number is attached to his policy number, not your policy number and make sure any correspondence you get or send includes reference to HIS policy number, not yours.

    If your appointment for the car estimate is with a company adjuster or the company's preferred shop, look at the paperwork and make sure it's the other driver's policy number on it. If it's your policy number, call your claim rep and insist on the correction to the other driver's policy number and take your car home until that correction is made.

    If any paperwork comes your way showing your policy number, send it back with a written demand that HIS police number be indicated.

    This is a LIABILITY claim against the other driver's policy, NOT a collision claim against your policy.

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