If I was in a auto collision a week ago and the other driver’s insurer called me today to get my side of what happened, is this routine?

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If I was in a auto collision a week ago and the other driver’s insurer called me today to get my side of what happened, is this routine?

Asked on August 31, 2011 California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is routine.  The insurance adjuster will take your recorded statement.

Was there a police report of the accident?  If so, the police report will state who caused the accident.  If you were NOT at fault in the accident, you can file property damage and if applicable, a personal injury claim with the other driver's insurance carrier.  The property damage is usually resolved early in the case and will pay for the repairs to your car.  The personal injury claim won't be resolved until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated.  When you complete your medical treatment, obtain your medical bills, medical reports and documentation of any wage loss.  The personal injury claim you file with the other driver's insurance carrier will include the medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the other driver.  If the case is settled, NO lawsuit is filed.  If the case is NOT settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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