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Ask Kim Courtney Your Own Question
Kim Courtney
Kim Courtney,
Category: Personal Injury Law
Satisfied Customers: 4198
Experience:  Founder/Member at Food Business Association
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I am an expert here on Just Answer medicine. I have a

Customer Question

Hi there- I am an expert here on Just Answer for veterinary medicine. I have a personal injury/car accident question. I was just is a car accident this morning and it occurred through fault of the other party- they ran through a stop sign and hit me. My car is totalled. I had to be transported by ambulance to the hospital, and got a CT done while there. My question is, should I sue the other party for compensation for my medical bills and car, or should I just go through the car insurance for reimbursement. We both have the same car insurance provider.
Submitted: 5 months ago.
Category: Personal Injury Law
Expert:  Kim Courtney replied 5 months ago.

Hello, I am an attorney and am happy to assist. Nice to see a fellow expert asking a legal question.

If you have health insurance that covers your medical bills, then you don't have a legal claim against the other driver. Such a claim only exists if you have to pay something out of pocket.

In regards ***** ***** to the car, you will file a claim against the other driver's insurance company, which is the same as yours. The insurance company will then have to figure out which policy they will end up charging for the coverage to replace your car. Hopefully that will just happen swiftly and you can replace the car that was totaled, and you won't have to do anything more.

In the event that the insurance company challenges whether he was at fault, then you might have to take the other driver to court to prove he was at fault, so that this does not end up being a claim against your insurance policy. That would possibly make your rate go up.

Hopefully you will file your claim with the insurance company, they will interview him or her who will tell the truth about how the accident happened, and then you will be all set.

Please let me know if you have any questions about this.

Thanks

Kim

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