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Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1117
Experience:  Licensed attorney helping individuals and businesses.
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My wife was rear-ended at a signiifcant speed on the freeway

Customer Question

My wife was rear-ended at a signiifcant speed on the freeway in stop n go traffic, there's a police report, she was taken to the hospital in an ambulance, the police officer at the scene said she was not at fault. I was on the phone with her (She was on blue tooth.) When I heard her say something to the effect of this guy is too close to me, I wish he would back up, the next moment I hear a crashing noise and her shaken up and crying, the air bags were deployed and the car was totaled. There were two witnesses there that gave their account.
The insurance company is barely covering the value of the totaled car, but we're out a car! Not to mention, the time off from work and the trips scheduled for physical therapy. Our insurance company just sent us the settlement of $22,051 for the car. We owe $21,985. That leaves us $66 for a new car, how is this fair when my wife was the victim. What do you think we should do?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. Why did your insurance company send you a check? Did the other driver have insurance? Did you agree to that settlement amount before you got the check? Is there a letter that says anything about it being the full settlement vs. being only for the car itself?
Customer: replied 2 years ago.
That was their settlement offer. We have not agreed to anything yet. Our insurance company (mercury) gave us that offer. My wife has whip lash, going to physical therapy, After 5 days out insurance will no longer pay for the rental. What can we do?
Expert:  Lucy, Esq. replied 2 years ago.
Thank you.
What I'm trying to figure out why YOUR insurance company is involved at all if your wife was rear-ended. Is the other driver uninsured?
Also, look at any and all documentation they gave you. Does it say that it's a full and final settlement? Or does it say it's just for the repairs to your car? That's a big difference.

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