What will happen if I recently got into a car accident on the freeway with 2 other cars but I’m not at fault?

UPDATED: Jan 5, 2013

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What will happen if I recently got into a car accident on the freeway with 2 other cars but I’m not at fault?

Asked on January 5, 2013 under Accident Law, California


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

Answered 10 years ago | Contributor

If there was a police report, it will state whether one or both of the other cars were at fault in the accident.  The police report will also have the insurance infomation for all parties in the accident.

File your property damage claim with the auto insurance carrier(s) of the at-fault party / parties to have your car repaired.

If you were injured in the accident, your personal injury claim is separate from your property damage claim.  Your personal injury claim is filed with the insurance carrier(s) of the at-fault party/parties.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the insurance carrier(s) for the at-fault party/parties, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier(s), reject the settlement offers and file a lawsuit for negligence against the at-fault party/parties.  Include the registered owner of the at-fault vehicle(s) as a defendant if this is someone other than the at-fault driver.  If the case is NOT settled with the insurance carrier(s) for the at-fault party/parties, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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