What do I do if this was a no fault accident but I was rear ended?

Question

I was rear-ended in  an automobile accident in Sep. 2011. I have requested help but to no avail. I could not file this claim with my insurance even if it was mnths ago I have liabilty only and it would not cover that. I do need an attorney to guide me through this legal process even if it just filling the paperwork. Is there any help or sugguestions it would be greatly appreciated thank you

Jane Wilson · Answer

Where did the accident occur?

Phong Thanh Tran · Answer

Have you submitted a claim against the other driver's insurance company yet?  Have you previously had professional help with this matter?

Michael Yeksavich · Answer

The only realistic suggestion is "Hire an attorney."

Robert Lucky · Answer

Unfortunately, in Louisiana you only have one year from the date of the accident to file suit or settle your claim. If you have not filed suit as of today, then you have likely lost your legal right of recovery from the other driver.

Michael Heilmann · Answer

Your question does not identify what you want? No-fault provides for unlimited medical benefits for medical treatment. Damages to the care and not recoverable after $500 in the absence of collision insurance. Good Luck.

Kenneth Wincorn · Answer

You are right, call an attorney. Your situation is not unusual.

Melvin Franke · Answer

You need to hire an attorney immediately; If you were sitting still and rear-ended you have no fault. It is important to determine what your damages are.

Jeffrey Lapin · Answer

While you can handle the claim yourself, which you would do by communicating and negotiating with the other driver's insurance company to try and reach a settlement, you may considering contacting an attorney in Nebraska who handles motor vehicle accidents. Most offer a free consultation so you can learn more about your rights and what he or she might be able to do for you. Unless a lawsuit if necessary, there is no specific "paperwork" you have to file. If a lawsuit is necessary, you would need to draft a "complaint" against the other driver. There are other steps you would have to take. Again, you should take advantage of at least a free consultation from an attorney as automobile accident cases, even if no lawsuit is necessary, can be complicated and you want to make sure you get all of the money you are entitled to.

Jeffery Robinette · Answer

In West Virginia, the driver who "rear-ends" another car is usually considered to be at fault.  If you have the insurance information of the person who hit your car, you need to file a claim with that insurance, not your own.

Josh Lamborn · Answer

There really is no such thing as a "no fault" accident.  Someone or both parties are at fault or else there would not have been an accident in the first place.  In your case, since you were hit from behind, it sounds like the other driver was likely 100% at fault.    Start by contacting the at fault driver's insurance company and file a claim with them.  If they refuse to reimburse you for your damages then you may need to hire an attorney.

David Stoddard · Answer

If the wreck was investigated by the police, you should have gotten a green form called an FR-10 9if the wreck was in South Carolina). It should have the other driver's address and possibly even his/her insurance information. If it does not have the other driver's insurance information, or you do not have the form.  Get the other driver's contact information any way you can. Contact the other driver and ask for his/her insurance information.  Once you get the insurance information, contact the insurance company and tell them you want to file a claim.  They will send you the appropriate paperwork.  If you cannot obtain the other driver's insurance information, and your damage is less than $7,500.00, or if the insurer denies liability, you can file suit in Summary (also known as Magistrate's or Small Claims) Court.   It is best to have an attorney, but it is not easy to find an attorney to represent you on a property damage claim. If it is more than $7,500.00, you have to file in Circuit Court, and will likely need an attorney.

Donald Broad · Answer

I am not certain based upon the facts you have given if you are seeking compensation for personal injuries or just property damages to your vehicle. However, if the accident was the other driver's fault, then you need to file a claim with that driver's insurance company.  The only difference between personal injury and property damage is that with a personal injury claim, it is generally easier to find an attorney who will take the case on contingency.  You should contact an attorney in your area that handles auto accident cases.

Ronald A. Steinberg · Answer

Get an accident report from the police. Report the accident to your insurance company and provide them with a copy of the report. If you had any injuries, go to a doctor or to the hospital.  Demand that your insurance company provide you with an Application for No Fault Benefits, and fill it out carefully.  Make a copy for yourself.  Send it to the insurance company claims office with a dated letter (and keep a copy of the letter).  As soon as you get any bills for medical treatment or any of the other benefits to which you are entitled, make a copy for yourself, and send a copy to the insurance adjuster with a dated letter (and keep a copy of the letter).  The insurance company MUST pay the bills promptly; if they do not pay within 30 days (and if they do not have a darned good reason for the delay) you can sue the company and collect actual attorney fees plus penalty interest on the judgment.  Yes, my friend, you DO need a lawyer.

Paul Whitfield · Answer

I don't know what a "no fault" rear end accident is. If someone hits you in the rear it is most often a case of fault and they owe you.

Andrew Velonis · Answer

The phrase "no fault" refers to coverage for your medical expenses and time out of work if you are injured in a car accident.  As for the property damage, since you do not have collision coverage, you can collect from the liability coverage of the other driver.  There is no excuse for the other driver rear-ending you.  If they don't settle up, you can take them to court.  Which court will depend in part on how much damage is involved.

Bernard Huff · Answer

Contact the local bar association and request a list of attorneys who handle  vehicle accident cases.

Irving Blank · Answer

Go see a personal injury lawyer.  There will be no charge for initial conference and all of you questions will be answered.

James Kelaher · Answer

Consult with a qualified personal injury lawyer, and you can find a good one by calling your local bar association.

Gary Platt · Answer

First of all, a rear-end accident is NOT a "no fault"  accident.  The car  which does the rear-ending is almost always at  fault.  If the rear-ending  vehicle is carrying insurance, you have to make  a claim with the driver's  insurer.  If the other driver wasn't insured, you  can ask your own insurer if  your insurance includes uninsured motorist  coverage.  Most liability  policies automatically include uninsured motorist  coverage.  If you have the  name, address, and driver's license number and  vehicle license number, you can  inquire through the DMV whether or not the  driver/vehicle is insured and,  if not, the DMV will send you a certificate of  non-insurance for that  driver/vehicle.  This certificate can then be sent  to your insurer andassuming  you have U.M. coverageyour insurer will cover  your loss up to the policy  limits.  Thus, either you can make a claim  against the other driver if  he/she had insurance, or you can verify that he/she  had no insurance then make  a claim on your own policy (unless your insurer says  you have no U.M.  coverage).  If neither of you has coverage, you can still  sue the other driver  for property damages (damage to your car) and for personal  injury if you  were hurt in the accident.

Denis-Andrei Mesinschi · Answer

You would indeed need an Attorney to represent you in pursuing the other driver and their insurer.

Mark Leonardo · Answer

Your description is not clear, particularly with the reference to no-fault. California is not a no-fault state.  If you were rear-ended, you are the plaintiff if you suffered physical and/or property damage.  The other person must pay for the damage regardless of your liability only policy.  If he or she is uninsured, you would have to sue that person to recover.  You can sue, under some circumstances, up to $10,000 in small claims now.

Michael Lehner · Answer

When you say you have "liability only" I assume you mean you have no collision coverage for your property damage. Your liability policy will cover your medical expenses because that coverage is mandatory in Oregon. If you have medical bills you must put your own insurer on notice and make a claim for personal injury protection  (PIP) benefits.  If you have only property damage you should contact the other drivers insurance to make a claim.  If they are unwilling to settle reasonably you can file a lawsuit and if the amount claimed is under $1o,ooo, you may be entitled to atty fees under ORS20.080 (subject to certain conditions).  If you do that you will need an atty.

Steven Shaw · Answer

Your claim is against the person that rear-ended you.  If the police investigated the collision, you should have a collision report.  If not, and you have the other driver's insurance information, you should contact the insurance company and make a claim.  It would also be wise to speak with a few attorneys that represent those injured or damaged in a car accident to see if getting help is a good idea.

Thomas Bulman · Answer

Get the police report. Send a letter to the defendant's insurance company.

Bradley Cornett · Answer

You do not mention whether or not the other driver had insurance. You also do no mention whether or not you were hurt.  You also do not mention whether or not you have uninsured motorist coverage (usually provided even when you just ask for liability coverage.  UM coverage must be explicitly rejected.) You should speak with an attorney. Most attorneys, including this law firm, are happy to provide a free initial consultation with no obligation.

Richard Lowell · Answer

This is one of the obvious problems with carrying liability coverage only. First, you should contact the insurer for the individual who rear-ended you. That insurer should  - at least - take care of the damage to your car. Later, if you have been injured, you can make a claim against that same insurer for your medical expenses and pain and suffering. If the driver that hit you was not insured, you should check with your own insurer and confirm that you waived underinsured motorist (UIM) coverage. The waiver MUST have been in writing. If it was not, your insurer must provide it to you.  And then you can make a claim for your car damage, medical  expenses, and pain and suffering against your own insurer. You should also check with your own insurer to see if you waived Personal Injury Protection (PIP) coverage in writing.  If you did not, they must provide it to you - and then your own insurer will take care of your related medical expenses up to $10,000.  But if you've waived PIP and UIM in writing, and the other driver has no insurance, the best you can do is report the other driver to the Dept of Licensing (Financial Responsibility Division).  Advise them that they have no insurance and you've been injured in a rear-end accident.  The DOL will likely suspend their driver's license.  And you can always, eventually, sue the other driver and hope they have something to 'go after.'

Steven A. Schwartz · Answer

Rearend accidents are, in general, clear cut cases liability-wise.  I am not sure why you are having trouble getting help.  It may be too late to do anything 9 months later.

Matthew Kober · Answer

If you were rear ended, then you should be able to file a claim against the other person's insurance.  If they did not have insurance, then you should be able to file a claim against your own insurance under the un-insured motorist coverage portion of your policy.

Vincent Bernabei · Answer

Oregon law requires that all auto insurers provide PIP benefits for their insured.  This is what is meant by no-fault insurance.  Your medical bills are covered for up to one year or $15,000.  You therefore should submit your medical bills to your insurance company if you had insurance at the time of the accident. If someone ran into your car from behind, they were at fault in causing the accident.  Their insurance company will have to pay for your losses and damages, and reimburse your insurance company for any bills it paid.

Jonathan Jilek · Answer

In MI, even I'd you only carry PLPD, you are still entitled to no fault benefits. Additionally you may be able to air the at fault party for excess no fault benefits and pain and suffering damages. There may also be an uninsured or underinsured motorist cla. You must put the proper insurance entity on notice and file suit by the appropriate statute of limitations.

David Hibbert · Answer

How is it a "no fault" accident? How does a vehicle hit you from behind if the driver is not following too closely for conditions ? If there is really "no fault" then you cannot recover from the person that hit you. It's their fault for driving too fast , driving without paying attention, driving too closely behind you in traffic. If you were seriously injured , missed work , or had medical bills and treatment , then an attorney should be able to help you.

Bruce Arthur Plesser · Answer

If you were rear ended even with modest injuries, a lawyer will take case if insurance on other side.

Nathan Kased · Answer

If you were rear-ended, the adverse driver is likely at fault under the California Vehicle Code, unless exceptional circumstances exist (e.g, if the adverse driver was pushed into your vehicle by another, truly at-fault driver).  Therefore, the adverse driver would be liable for your damages.  (And if he or she was driving on behalf of an employer, while on the job, the employer may be liable as well; and the employer is likely to have a significant liability policy).  If you have not already done so, you should report a claim with the adverse driver's insurance company.  If this is not an option for you (e.g., the adverse driver fled the scene or was uninsured), you may be out of luck; as it appears that you do not have uninsured motorist or medical payments coverage under your own insurance policy.  If you have either of these, you should file a claim right away.

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What do I do if this was a no fault accident but I was rear ended?

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