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Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33162
Experience:  17 years legal experience including consumer protection law.
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I dont know what this falls under but my son was rear ended

Resolved Question:

I don't know what this falls under but my son was rear ended by a drunk driver. His newly purchased vehicle stalled on the interstate. Although he was sitting there with the flashers on. The driver hit him in the back. His car is now totaled. The insurance just called with a payoff amount for the car. What are our options ? Are they responsible for the entire amount. We haven't paid a single note yet. Is the dealership at fault also ? What about the car maker "Cheverolet" ? Do we have to accept what the other drivers insurances says is the cars value ? We also have contents in the car that were damaged. They're also telling us that we have to get some documents notarized. Should we get an attorney ?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Tina replied 2 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Was your son injured at all?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 2 years ago.
I typed this already. He was injured. Neck and back strain.
Expert:  Tina replied 2 years ago.
Hello again. I'm sorry if you had technical difficulties. I will report it to the site.

To answer your questions about liability, the drunk driver would typically bear 100% responsibility for the damages to your son's vehicle as well as compensating him for his injuries, including any lost wages and pain and suffering he may endure.

Since the offer does not compensate him for all of his damages and he has sustained some physical injuries, it would normally be best to retain a local personal injury attorney to represent him.

PI attorneys typically take cases on a contingency fee basis so there should be no cost to your son unless the attorney prevails on his behalf.

The state bar association can provide him with attorney referrals if he need one.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 2 years ago.
Yes. I'm aware that he will be paid for injuries. That is separate adjuster. Please read my post and answer my questions. I had several.
Expert:  Tina replied 2 years ago.
Hello again,

Neither the dealer nor the manufacturer would typically be at fault or have any liability to your son. The drunk driver would bear 100% liability under these circumstances.

Even though you may be dealing with a separate adjuster, before your son receives any payment from the insurer they will normally demand that he sign a release of claims for them so all of his injuries and the damage to the vehicle should be included in one claim, not separate claims.

If he were to accept payment of a certain amount for the vehicle damage and signed a release, the insurer would typically pay him nothing further.

I did read your post and hope this helps clarify the situation for you. The claims should be handled together as one claim and the only person at fault here is the other driver, for damage to the vehicle, your son's injuries and damage to his personal property in the vehicle.

Yes, he should definitely retain an attorney under these circumstances and I hope he recovers from his injuries quickly.

All the best to you both!
Customer: replied 2 years ago.
What I'm saying is the reason he was stalled on the interstate in the first place was due to a vehicle malfunction in a just purchased vehicle. Are u saying this has no relevance to this case?
Expert:  Tina replied 2 years ago.
No, that would not typically have any relevance since the cause of the accident was the drunk driver, who should have maintained control of his vehicle. But for his actions, the accident itself would not have occurred.
Tina, Lawyer
Satisfied Customers: 33162
Experience: 17 years legal experience including consumer protection law.
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