Expert: Richard Hixenbaugh - 4/22/2010

Question
I was rear ended by an SUV and my car subsequently hit another car as a result. The SUV fled the scene and no witnesses went after them. The lady that we hit claim to have chest pain and was noted on the Police Report taken on the scene. My car on the other hand is a total loss and the insurance wants to close the claim ASAP. My question is: A) Do I settle the claim with the insurance company before we talk to a lawyer? B)What happens if the the claim is already settled and the person we hit decides to go after us? C)What is the best course of action (to cover all the angles) considering the above circumstances? Thanks in advance.

Answer
Hi Marcus,

You can go ahead and settle with your insurance company on the value of your car. If you were injured and you have mdical payents and or uninsured motorist coverage on your policy then your medical bills will be covered by your insurance company as well as any lost wages and pain & suffering. You should ask your claims adjuster if they have spoken to the other insurance company to see if they agree that there ws a 3rd car that was at fault. If so then you do not need to worry because you have no liability. If they do not agree and are claiming that you are responsible for their damages, then you need to be sure to explain everything to your insurance company. They will fight on your behalf and will even provide you an attorney if you are sued.

I hope this helps
Richard Hixenbaugh