If I was rear-ended in a multiple vehicle car accident and the third vehicle was deemed at fault, can I take suit against both insurance companies?

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If I was rear-ended in a multiple vehicle car accident and the third vehicle was deemed at fault, can I take suit against both insurance companies?

I suffered from severe whiplash and an interspinal epidural hematoma which triggered an illness called sarcoidosis to flare, my immune system declined which caused me to contract an infection cryptococcus and had to undergo skull surgery to remove the lesion. A week ago, I had to undergo a second surgery on my spine due to compression on my spinal cord where the hematoma was present.

Asked on August 1, 2012 under Personal Injury, South Carolina

Answers:

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

Answered 9 years ago | Contributor

Your claim would be against the third vehicle which caused the rear-end collision.  You would not have a claim against the second vehicle, the one that was pushed into you by the third vehicle.

Prior to filing a lawsuit, it may be possible to settle your case with the third vehicle's insurance carrier.  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 where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the third vehicle's insurance carrier should include these items.  Compensation for the medical bills 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, 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, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the third vehicle's insurance carrer, reject the settlement offers and file a lawsuit for negligence against the registered owner of the third vehicle.  If the case is NOT settled with the insurance carrier, 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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