do i have a case

by Guest » Wed Dec 17, 2008 06:45 pm
Guest

do i have a case if someone rear ended me .i have injurys but we both have the same insurance... i live in nyc

Total Comments: 6

Posted: Wed Dec 17, 2008 07:29 pm Post Subject: insurance

In MOST states, if you are rear-ended by someone, the accident is AUTOMATICALLY the other driver's fault. You have injuries......did you go to the hospital, or a doctor after the accident? It shouldn't matter whether you have the same insurance company. are YOU 'ok'...by the way?/

Posted: Wed Dec 17, 2008 07:40 pm Post Subject:

In MOST states, if you are rear-ended by someone, the accident is AUTOMATICALLY the other driver's fault. You have injuries

While this is almost always the case, it's neither state dependent nor automatic (only thing I know of that would make it automatic is law...and there is none to this effect).

Yes, OP... you have a case.

Posted: Wed Dec 17, 2008 07:42 pm Post Subject: insurance

REALLY??!! That's something I wasn't aware of. I thought there WAS such a law in MOST states. I guess you learn something new everyday. :oops:

Posted: Thu Dec 18, 2008 07:02 am Post Subject:

You both are with the same insurer doesn't mean that you can't seek compensation from the responsible driver. Turn the claim to his policy and he is the at-fault driver the insurance company will address the damages. Good luck with the claim!

Posted: Thu Dec 18, 2008 07:06 am Post Subject:

Wait, what does this mean

do i have a case if someone rear ended me .i have injurys but we both have the same insurance... i live in nyc



Are you planning to sue the other driver? Have you tried filing the claim against his policy? As far I know that NY is a no-fault state which restricts your freedom to sue the at-fault driver for the injuries and pain and suffering claims.

Posted: Thu Dec 18, 2008 12:54 pm Post Subject:

The fact you are both insured with the same company is of no consequence...file the claim.

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