Q: Is there anything I can fight for being rear ended by an company truck and having my car totaled do to his negligence.
I was rear ended at a green light by an company truck "Ford F150" when traffic in front of me abruptly stopped at a green light. I have dash cam footage that show it took him 5 secs to hit me after I stopped. He had to be going at least 20 mph at impact. It pretty much took out my middle and tailbone and left shoulder from the seat belt. I went to the ER a day later because I don't have health insurance but I will be going to physical therapy this week and hope his company insurance pay and accepts responsibly. It's been 2 weeks without any word from the guy insurance and my car was deemed a total loss by my insurance 'AAA'. I'm only getting $4,000 back after loan is paid which isn't enough to find another 2016 Camry. I've never been in this situation. He was on his cell phone, I shouldn't have to suffer because of this. I'm a photographer and graphic designer. I stand 75% of the time and use my body a lot, I'm in pain and need them to pay for physical therapy and pain and suffering.
A:
$4000 is the fair market value of your vehicle, which means you an get another similar car for that amount. If you can't, you need to negotiate with your insurance company.
The insurer for the at fault driver is not going to pay for your PT as you incur it. You will have to complete your medical treatment and provide it with medical records and billing to get compensation. You can receive past and future medical expenses, wage loss, and pain and suffering. You will received a lot more if you hire a competent PI attorney.
Gerald Barry Dorfman agrees with this answer
A: You should hire a lawyer and let him take care of your problem. If the truck is indeed covered by the business insurance, you should let a lawyer negotiate your recovery. Best of luck
A: I mis-read your post. If you had a loan, it is being paid off and you are getting $4k. That means you have $4k to put down and get another loan on a similar car and be in the same position you were in before the collision. If you think your car is being undervalued, hire a certified auto appraiser, or put together your own estimate using kbb.com, autotrader.com, edmunds.com, craigslist.com, etc.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
