What Rights Do You Have When You Are Rear-Ended and the Other Person's Insurance Company Is Unfair?

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When you are hit from behind in a car accident, it can cause serious damage to your car and potentially cause significant injuries. With this type of accident, you should be compensated by the other person's insurance company. In some cases, the other insurer will not treat you fairly and will refuse to pay for everything that it should. When this happens, you have a few options to consider which could get you the money you need.

Insurance Claim

  • When another person causes a wreck, you have the right to have your damages paid for by his insurance company. It is the responsibility of the other driver to report a claim to his insurance company. It is generally a good idea to report the information to the other driver's insurance company as well. The insurance company should pay for the damage to your car, any medical bills that you have, lost wages and pain and suffering.

Talking to Your Insurer

  • Even if the other person is completely at fault in the accident, you should still talk to your insurance company about the incident. It is your responsibility to report any changes in the status of your vehicle to your insurance company. The insurance company can also help you pursue the claim, as it has a vested interest in your vehicle. If the other insurance company does not take care of you, your insurance company can pitch in and help pay the claim. If the other driver was under-insured, your coverage may pick up the slack.

Negotiate

  • When the other insurance company makes an offer to you for a settlement, you are not obligated to accept the offer. You have the right to negotiate with the other insurance company to try to get a better settlement. If you have a legitimate reason to ask for more money, the insurance company may agree to pay more. For example, if your medical bills are higher than what the insurance company is offering you could get the offer increased. After receiving an offer from the insurance company, you can create a demand letter with a counteroffer in it. Then give it to the insurance company and wait for a response.

Legal Assistance

  • If the other insurance company is not being helpful and is refusing to increase its offer, you have the right to hire an attorney. An attorney will be able to sort through the facts of your case and determine exactly how much you should receive in a settlement. The attorney may be able to negotiate a higher settlement or can file a lawsuit on your behalf against the insurance company. You will have to pay the lawyer for this service, but it could help you get more money from the other insurance company.

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