Ask an Attorney a Question for FREE!

What should I expect? | Car accident

by Gena

Almost 2 months ago I was involved in a car accident in which I hit another vehicle from the rear. The vehicle in front did stop suddenly and with very short notice (signal light), but I understand that I would still be considered at fault for a rear end collision for failure to maintain control.

The office who arrived did not issue a ticket and it was considered a non-reportable accident. There was minimal damage to both vehicles and I did not even file a claim for my damages. The other parties (woman with 2 or 3 teens) showed no evidence of injury and did not mention any injury on the courtesy exchange of info form provided by the responding officer.

The teens immediately got out of vehicle and crossed the road to the store where they were stopping to get a drink. I did not see them again the entire time we waited for the officer and they did not speak to him. However, the woman and 2 of the teens later went to a doctor and are claiming soft tissue damage.

I found out today from the (Allstate) claims agent that they have now retained a lawyer. I have liability coverage in the amount of $50,000 per person/$100,000 per incident. What should I expect? Can I be personally sued?

I have been warned about these folks by others in the community that they will attempt to get as large a settlement as possible. Allstate has paid out a little over $900 for the repair of the car and have paid some medical bills.

I'm scared as I've never been at fault in a 2 vehicle collision before. (Though ironically I have severe injuries from being hit head on myself about 10 years ago...but I did not sue or even retain an attorney.

I just don't think like that, so I was totally shocked at the injury claims.


Hello Gena,

Unfortunately you can be suit personally. You caused the accident and this gives them (all of them) rights against you.

The good news is that you have insurance. Your carrier will protect you and, if there is coverage, hire an attorney in the event that you are legally suit. They will also try to settle for a reasonable amount so it does not have to get to that point.

Contact your adjuster so they can explain the process to you.

Good Luck,

Comments for What should I expect? | Car accident

Click here to add your own comments

Feb 28, 2012
by: Anonymous

It was your fault so there isn't much to do. Your insurance company will pay the other driver what they deserve and unless their damages exceed your policy limits they wont go after you personally. And not to say you can't but if you try to open a claim against their insurance company I can guarantee they will deny your case. When your behind a vehicle you have to maintain a safe distance. Even though she stopped suddently you were clearly too close to her vehicle.

Feb 28, 2012
by: Anonymous

If you have Allstate you have nothing to worry about. First of all you said it yourself it's soft tissue injuries they are claiming which means they will treat with a chiropractor for a few months and the most they will get is a few thousand dollars which they are entitled to since it was your fault. It doesn't sound like they would get even close to reaching the limits of your policy. Relax your insurance company will take care of it.

Oct 11, 2011
i don't know what to do...
by: maria

I was in an accident on Oct. 6th on the freeway. The day before it had been raining almost all day. There was some traffic but we were moving at a good speed 60 maybe 65mph. I was in the lane closest to the carpool lane waiting for an opening when out of no where the car in front of me hit the breaks, I hit my breaks but was unable to stop in time and I hit her. Neither her or my airbags deployed. She said someone had cut her off so she hit her breaks. More than most of the damage was done to my car. Her rear bumper got a small inch maybe two inch crack. She was still able to drive away without any problems. All I was able to do was drive my car off the freeway to a near by gas station (barely) before it began smoking. She is filing a claim against me. What are my options? My insurance is liabilty only. I spoke with my insurance company and the fault is being put on me. Can I file a claim with her insurance company? I just don't know what to do.

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below:

For a Free Review of Your Case
Please Call (866) 878-2432