3car accident: Liability issue & request amount for personal injury

What is the name of your state? CA

What's the accident?
In the carpool lane on the freeway, I made a full stop (about 5 feet behind the car in front of us) when traffic got jammed. Our car was suddenly rear end hit by the car behind me, and was pushed to hit the car in the front. My car was a total loss. The police officers came but did not write report. There was no witness. I took pictures at the scene.

What are the quesions?
Q1. Liability issue
The statement from the driver in front of us mentioned he only felt one impact, and my car was stuck with his car. For the property damage, the insurance company for the driver at fault made an offer (not too bad in terms of the amount), accepting 100% for my rear end damage, BUT only 50% for the front end damage, by trying to make a story that I hit the front car first, before I was rear-ended. Is there any way to fight agaist this fictional story?

Q2. Personal Injury settlement demand letter
I and my wife were diagnosed with "with post-trauma cervical sprain/strain, myofascitis of cervico-thoracic musculature, post-trauma thoracic sprain/strain and thoracic spine pain." We finished several months chirotherapy. Our medical bill totaled about $8000. How can I do to prove that it was a sever personal injury? What range of the settlement amount should I expect?

I understand that each case is different from another one. With this in mind, I would greatly appreciate if any of you would share your experience with me, if you had a similar case.

We're not going to give you a dollar amount, ask for what you think is fair. Don't expect to hit the lottery for soft-tissue injuries with no permanent damages.

If you have collision coverage, your insurance company will fight it out with the other insurance company for them to accept full liability, as they should, since they were 100% at fault.

3 car accident: Liability issue & Sample demand letter, thanks again

Thank you ecmst12 for your advice.

Here are some more details and questions:

1) Liability: Do I have the legal right to ask the driver for the car in front of me, or his insurance adjuster to provide me a copy of his statement/record? The key is that if his statement is in favor of me (which means if he says I was pushed to rear ended him, rather than I hit him first, and then I was rear-ended by the car behind me later), then I will be cleared about the 50% of my liability. BTW, I have pictures for all the cars at the collision site, which clearly showing the damage for the rear of the car that I ran into, both the front and rear for my car, and the front of the car behind me.

2) Property damage settlement: I was offered by the insurance company for the driver at fault for my property damage, which did not included the compensation for the bodyshop storage cost and towing cost. They mailed the check to me, but I have not signed anything indicating that I would accept the offer. Because I want to argue for two things:
(1) Again, LIABILITY. How can I get the at fault party accept the 100% liability for the front damage of my car? Since I am absolutely sure I was ONLY pushed into the front car. (2) Am I entitled to get compensation for the cost of storage and towing? I have paid the bills and kept the receipts. At this moment, which is better, write a counter offer first, or deposit the check that I was offered first? Since I worry the check might expire if I don't deposit on time.

3) Personal Injury settlement-sample demand letter: I am not a greedy person, what I want is the reasonable compensation for my medical bill and all the pain and suffering that I have been having till now. I was told there should be some formula used in calculation/estimation the amount for various types of compensation for auto personal injury demand letter. Could anybody be kindly to share your experience with me?

Any suggestion/experience/advice/sharing is greatly appreciated in advance.

The rear car's insurance company should have obtained a statement from the driver in front of you already. That could in fact be why they are denying 100% liability. Ask them.

You are entitled to compensation for reasonable towing and storage. Did you leave the car in a storage lot longer than you needed to? Send a copy of your receipt to the insurance company.

You did not state whether you have collision coverage on your car.

No, there is no formula.

If you have medical payments coverage, then you use your insurance company for those bills.

moburkes said:

If you have medical payments coverage, then you use your insurance company for those bills.

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I don't have medical payments coverage. Thank for your suggestions.

Thank both ecmst12 and Moburkes for your advice.

3 car accident: Why police officers did not check the accident and write a report?

Right after the accident, a police officer came across us, asked us to call 911, then just left. But the other two drivers said we should not call 911, because it seemed nobody was hurt. Since this was my first accident, I was in such a panic, without any idea. After a while, the second officer came to us. After confirming that we have finished information exchange, he asked if I could drive my car (even though it was severely damaged at both ends). I tried. It could merely start. Then he asked us to leave the carpool lane ASAP, saying otherwise there will be the risk to cause another accident. I asked if we should just pull over to the shoulder, he said something that I could barely hear (Boy, I was still in such a panic at that moment). He started his motorcycle, and I followed him slowly, expecting that he would guide us to the shoulder, investigate the accident and write us a report, or perhaps even gave the driver at fault a citation for his negligence, then we could be clear about the liability. To my big surprise and disappoint, the police officer just drove away, so did the other two cars! In a big frustration, I took the risk to barely drive my car out of the freeway, and happened to see the third officer citing another driver on the street. So I asked him why the first two officers did not want to check the accident and write the report. He said since the accident happened on the freeway, I should have called 911 asking for highway patrol officer, because it is not the responsibility of the local police officer to deal with it (or something like that). Now, my questions are: Is it true that, when an accident happens on freeway, only the highway patrols have the authority and responsibility to deal with it? Do I have the legal right to insist the officer to write the report for me, before or right after I move my car out of the accident site to a safe place? Thanks again for educating me.

3car_accident said:

Now, my questions are: Is it true that, when an accident happens on freeway, only the highway patrols have the authority and responsibility to deal with it? Do I have the legal right to insist the officer to write the report for me, before or right after I move my car out of the accident site to a safe place? Thanks again for educating me.

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Can somebody answer my questions? Thanks.

3 car accident: liability issue

ecmst12 said:

The rear car's insurance company should have obtained a statement from the driver in front of you already. That could in fact be why they are denying 100% liability. Ask them.

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Do I have the legal right to ask for the statement from the driver in fron of me, either from his insurance company or from the rear car's insurance company? Since it is very important to determine the liability. Also, can I ask them to provide me their other evidence (if there is any) to justify why they deny 100% liability? Really appreciate your further input.

3car_accident said:

Do I have the legal right to ask for the statement from the driver in fron of me, either from his insurance company or from the rear car's insurance company? Since it is very important to determine the liability. Also, can I ask them to provide me their other evidence (if there is any) to justify why they deny 100% liability? Really appreciate your further input.

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You have the right to ask, sure. They are not required to give it to you, unless the request is made as a part of a court order.

I don't know who is responsible for responding to an accident. I don't feel like looking it up. But, in most states, unless there is bodily injury, and maybe there is some type of thresshold about how much bodily injury, there is no requirement for them to respond.

That's what digital cameras, etc are for.

3 car accident: total loss_property damage claim questions

Two questions regarding property damage claim :
1) I bought 2 new tires at $120, 4 month before the accident, how much percentage should I ask for? Can I ask 50%, = $60? I learned that with total loss case, you can ask for compensation for new items you added, above the market value.

2) Can I claim for the new registration fee from the company of the driver at fault (Accident occured in Jan 2007, and I paid $60 for the registration for the whole year, March 2007 to March, 2008)?

Thanks a lot.

1. You can try, may or may not be successful.

2. I don't believe you are entitled to the registration fee.

You won't get anything back for the tires. That is a maintenance item. It would be kind of like asking for the cost of new oil for the oil change you had done the day before.

I'm not sure that's 100% accurate, Zigner. New tires will hold some value. Since you'll just need to transfer the registration, I agree with ecmst12.