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 Posted: Wed Dec 17, 2008 6:45 pm Post subject: do i have a case |
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do i have a case if someone rear ended me .i have injurys but we both have the same insurance... i live in nyc
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| Posted: Wed Dec 17, 2008 7:29 pm Post subject: insurance |
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| In MOST states, if you are rear-ended by someone, the accident is AUTOMATICALLY the other driver's fault. You have injuries......did you go to the hospital, or a doctor after the accident? It shouldn't matter whether you have the same insurance company. are YOU 'ok'...by the way?/ |
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sdchargersfan
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| Posted: Wed Dec 17, 2008 7:40 pm Post subject: |
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| Quote: | | In MOST states, if you are rear-ended by someone, the accident is AUTOMATICALLY the other driver's fault. You have injuries |
While this is almost always the case, it's neither state dependent nor automatic (only thing I know of that would make it automatic is law...and there is none to this effect).
Yes, OP... you have a case. |
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tcope
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| Posted: Wed Dec 17, 2008 7:42 pm Post subject: insurance |
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REALLY??!! That's something I wasn't aware of. I thought there WAS such a law in MOST states. I guess you learn something new everyday.  |
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sdchargersfan
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| Posted: Thu Dec 18, 2008 7:02 am Post subject: |
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| You both are with the same insurer doesn't mean that you can't seek compensation from the responsible driver. Turn the claim to his policy and he is the at-fault driver the insurance company will address the damages. Good luck with the claim! |
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jeorge
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| Posted: Thu Dec 18, 2008 7:06 am Post subject: |
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Wait, what does this mean
| Quote: | | do i have a case if someone rear ended me .i have injurys but we both have the same insurance... i live in nyc |
Are you planning to sue the other driver? Have you tried filing the claim against his policy? As far I know that NY is a no-fault state which restricts your freedom to sue the at-fault driver for the injuries and pain and suffering claims. |
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jeorge
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| Posted: Thu Dec 18, 2008 12:54 pm Post subject: |
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The fact you are both insured with the same company is of no consequence...file the claim.
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