What is the legal obligation of the other drvers insurance when the accident was deemed totallytheir fault?

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What is the legal obligation of the other drvers insurance when the accident was deemed totallytheir fault?

I was rear-ended on the highway going 55mph the other driver admitted he was looking for his cell phone. Police report sighted him with excessive speed and inattentive driving. The insurance company said they would accept responsibility. They total the car what would be a far offer to me.

Asked on September 15, 2010 under Accident Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

Since the car is a total loss, the insurance company won't pay the Kelly Bluebook wholesale value for the car, and will offer an amount considerably less.  Try to negotiate a larger amount.  If you are still paying on a car loan, the amount you receive will be inadequate.  The property damage is usually resolved early in the case.  If you were injured in the accident, your personal injury claim is handled separately from the property damage.  When you finish your medical treatment and are released by the doctor, obtain the medical bills and medical reports.  The medical reports will determine the amount you receive as compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Your personal injury claim should include your medical bills, compensation for pain and suffering, and any wage loss.  Your medical bills and any wage loss would be straight reimbursement.

If you are dissatisfied with settlement offers from the insurance carrier regarding either the property damage or your personal injury claim, file a lawsuit against the other driver for negligence.  You will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter. 


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