Quote:
Originally Posted by DBacon1052
that doesn't make sense. If the accident isn't my fault then why should my insurance pay anything
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From personal experience I would say this is false and you have nothing to worry about.
I was rear ended at a stop light in 2008. She told police she was going 50 (45mph speed limit.) I took the initial hit, and I was hit so hard that the roof buckled. There was damage to 3 cars in front of me and would have been more hit if there had been any more before the intersection. There was never anything said about us being too close to each other, it was 100% the fault of the woman that hit me.
My insurance (state farm) fronted 100% of the costs for my medical treatment and a rental car and collected reimbursement from the other insurance company (nationwide) at a later time. I received a check for the value of a comparable car (they found a one year newer car of the same model with 15000 more miles and offered the dealer price listed for it, with a slight adjustment for previous damage and the fact that I removed and kept the stereo so the car had none installed.) I also received a lost wage/pain and suffering settlement which was small but not unreasonable for a minimum wage pizza delivery driver.
My suggestion to you is to hold out on accepting a settlement for wage/pain until your medical issues are resolved. Take the check for the value of the car so you can replace your vehicle, but if you have any injuries do not take the settlement until after they are 100% resolved. Even if you don't have obvious injuries, wait a few weeks and something may start hurting. I had a tendon injury that took months to heal.
Whatever offers you do get, take them to your own insurance agent before accepting and see what they say.