Rear-ended

[nene22]

What is the name of your state? IL
My daughter and I was rear-ended!. The driver that hit us, was drunk! My daughter and I was sent to the hospital by ambulance..Both of us had tests done/ c-scan., and pain killers.And I had a blood drawn. Because I had abd pain. Both us had whip-lash..the extent of my injury was more..Stiff neck, and now starting to get headaches in which I hardly ever get. I recieved Physcial Theraphy and going back to the doctors..It came to my knowledge that this driver didn't have insurance and it was a rental car. And he's from Kentucky!. Well the rental car, denies all claims, because this driver didn't have a sign contract. This driver was ticketed for DUI, no headlights, reduce speed to avoid an accident. This rental car...rented a car to a person, in which this person gave it to her boyfriend, in which the boyfriend gave it this man that hit us..It's a 3-ring circus..My insurance is paying for all medical bills. And my insurance did offer my daughter and I an offer, which was really low. What is my rights in this matter, and what is my daughter and I entitled to?

 

[lwpat]

You need an attorney now. It is possible that the rental agency bears some liability or even the person that initially rented the vehicle. You need assistance before accepting any offers.

 

[nene22]

rear-ended

Yes we are seeking a lawyer, and I told my insurance that, and she really got upset with me...saying "If you think my offer will go up any it won't unless your lawyer can give me a answer why"..she even told me that it can go up or down...So the rental angency from Kentucky already stated that they denied all claims on this matter, and that really gets me!. Also, my insurance company keeps stating that Illinois and Kentucky laws are different..So I am trying to figure out how?.so if you know what's the difference can you please share?!..

 

[nene22]

Well My insurance company won't take my offer..it's not even the twice of the amount of damages...I told my insurance company that the offer that was made to us, I decline, and now my insurance company wants to know why I deserve this money..and if I don't take their offer, then the next step will be taken...??... uummm what is the next step?, I already contacted a lawyer, he is just giving us some advice in the matter. I didn't hire him yet. And I hope that I didn't have to. But right now my insurance company doesn't give me any reason not to..My insurance company is well stricted of how much they are willing to give...So I really don't know what the "next step" is.. any information..please help

 

[testedmonkey]

Twice the damages?

"not even twice the damages"? Are you asking for more than the cost to repair you car, pay the medical bills, and other costs you've incurred?

If you're trying to profit from the accident, you're barking up the wrong tree. The purpose of insurance is to indemnify you, which means return you to your original financial position prior to the loss. The insurance company has no reason to pay you more than that.

It sucks what happened to you, and it's even worse that you're having a hard time making the driver that did this take responsibility. If you really don't think the offer is fair, hire an attorney. If no one wants to take the case, that's a pretty good indicator that you're asking for too much.

 

[nene22]

I have been advised by a lawyer of what to do in this matter...yes I am seeking damages, medical bills, etc. The offer my insurance company is trying to settle, it won't even pay for Physcial Theraphy, if I need to go back...My insurance company wants me to "sign off". In which I will not do..I went through a horrible night, that night, not knowing if my daughter was ok. and what was her injuries. Every time I get into a car, I panic, looking out of my rear-mirrors constantly, and getting a panic state when a car comes to closely..I have to live with that.. Not the insurance company!. for the pain and suffering part. Yes I still have pain in my neck, and starting to get headaches..I will be contacting my doctor again...I am not a 100% well, and my insurance company wants me to be. I think it's just bad of the way this whole sitituation is..And plus, after 1-1-05, my insurance is allowing for me to be a 100% better. How can they be judge/jury/doctor on this...So mostly likely I will be hiring a lawyer, in which he wants this case!..He is ready and willing to go with it...thanks for your replies