If I was hit by a car salesman while pulling into car lot, what can I do?
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If I was hit by a car salesman while pulling into car lot, what can I do?
I was going to a car dealership to trade in my SUV and buy a new model car. The salesman was speeding through the lot and slammed into my car. My car has extensive damage, including the entire engine and frame. I have gone to the doctor and been told that I probably have pulled or strained muscles in my shoulder and back. The dealership does not want to involve my insurance company.
Asked on November 13, 2011 under Accident Law, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have a property damage claim and a personal injury claim which you can file with the auto dealership's insurance carrier. The property damage and personal injury are separate claims.
The property damage claim to your vehicle would be for the cost of repairs.
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 you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim filed with the auto dealer's insurance carrier will consist of these items. 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 a lawsuit for negligence against the auto dealership and the at-fault driver. If the case is settled with the insurance company, NO lawsuit is filed. If the case is NOT settled, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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