If my boyfriend and I were not at fault for a car accident, when should we contact his insurer?

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If my boyfriend and I were not at fault for a car accident, when should we contact his insurer?

The cops and ambulances showed up. We’re at zero fault. They took statements, I got taken to the hospital. My bf was told he’d be contacted soon about insurance. I have emailed a PI attorney. Should we contact his insurance company before we hear back from the attorney?

Asked on November 25, 2012 under Accident Law, Colorado

Answers:

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

Answered 8 years ago | Contributor

If you don't hear anything from the PI attorney within one or two days after you sent the e-mail, contact the at-fault driver's insurance carrier.  The property damage to your or your boyfriend's vehicle is usually resolved early in the case. 

The personal injury claim is separate from the property damage claim.

As for your personal injury claim, 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 filed with the at-fault party'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 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 at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from  the at-fault party's insurance carrier regarding your personal injury claim, reject the settlement offers and file your lawsuit for negligence against the at-fault party/registered owner of the vehicle (if the registered owner is someone other than the at-fault driver).  If the case is NOT settled with the at-fault party's insurance carrier, 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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