What do I do if this was a no fault accident but I was rear ended? 46 Answers as of June 29, 2013

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

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
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.
Answer Applies to: Louisiana
Replied: 11/5/2012
Mike Yeksavich | Mike Yeksavich
The only realistic suggestion is "Hire an attorney."
Answer Applies to: Oklahoma
Replied: 6/14/2013
Downriver Injury and Auto Law | Michael Heilmann
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.
Answer Applies to: Michigan
Replied: 6/28/2012
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You are right, call an attorney. Your situation is not unusual.
Answer Applies to: Texas
Replied: 6/28/2012
John Russo | John Russo
Just contact a lawyer they will advice you if you have a case or not in this matter. In most jurisdictions being rear ended creates at least the presumption of liability on the other party. So if they had insurance and rear ended you then you should be in good shape. Remember the attorney does not get paid unless you do.
Answer Applies to: Rhode Island
Replied: 6/28/2012
    Law Office of Melvin Franke | Melvin Franke
    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.
    Answer Applies to: Missouri
    Replied: 6/28/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    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.
    Answer Applies to: Nebraska
    Replied: 6/28/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    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.
    Answer Applies to: West Virginia
    Replied: 6/28/2012
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    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.
    Answer Applies to: Oregon
    Replied: 6/28/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    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.
    Answer Applies to: South Carolina
    Replied: 6/28/2012
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    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.
    Answer Applies to: Indiana
    Replied: 6/28/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    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.
    Answer Applies to: Michigan
    Replied: 6/27/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 6/27/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 6/27/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact the local bar association and request a list of attorneys who handle vehicle accident cases.
    Answer Applies to: Indiana
    Replied: 6/27/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Go see a personal injury lawyer. There will be no charge for initial conference and all of you questions will be answered.
    Answer Applies to: Virginia
    Replied: 6/27/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Consult with a qualified personal injury lawyer, and you can find a good one by calling your local bar association.
    Answer Applies to: Florida
    Replied: 6/27/2012
    Kased Law Group APC | Nathan Kased
    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.
    Answer Applies to: California
    Replied: 6/25/2012
    Gary L. Platt, Attorney at Law | Gary Platt
    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.
    Answer Applies to: California
    Replied: 6/27/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    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.
    Answer Applies to: California
    Replied: 6/27/2012
    Mesinschi Law Offices
    Mesinschi Law Offices | Denis-Andrei Mesinschi
    You would indeed need an Attorney to represent you in pursuing the other driver and their insurer.
    Answer Applies to: New Hampshire
    Replied: 6/27/2012
    Alvin Lundgren | Alvin Lundgren
    If you were not at fault you can sue the party causing the collision for your damages and injuries. You may call for a free consultation.
    Answer Applies to: Utah
    Replied: 6/27/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    if you were injured in an accident in which the other driver struck the rear of your vehicle, it is by definition, a fault accident. The driver of the vehicle that struck you from the rear is at fault and he/she is responsible for all your damages. Damages include the repairs to your auto, your medical expenses, our loss of income and your pain and suffering. Your insurance company is responsible only when you are at fault and they have no obligation to pay for any damages caused by someone else. If you were driving and you struck the rear of another auto, your insurance company would pay for the damages you caused. You must present a claim to the insurance company of the person that struck your car. It is very important that you make that claim as soon as possible. Please fee free to contact us if you need help or assistance to present a claim.
    Answer Applies to: California
    Replied: 6/27/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    No fault means that regardless whose fault the accident is you can have your medical bills paid by your own insurance company. If you are concerned about your property damage you should contact his insurance company and have them look at the car. Make sure your own body shop sees it first and preserve damage with photographs. If you are still not satisfied you can bring claim in small claims court. If you have been injured and have received medical treatment you should contact a lawyer.
    Answer Applies to: New York
    Replied: 6/27/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Get the police report. Send a letter to the defendant's insurance company.
    Answer Applies to: Montana
    Replied: 6/27/2012
    Lehner & Rodrigues | Michael A Lehner
    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.
    Answer Applies to: Oregon
    Replied: 6/27/2012
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    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.
    Answer Applies to: Washington
    Replied: 6/27/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    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.
    Answer Applies to: Alabama
    Replied: 6/27/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    It would greatly help to have an atty. I can not tell from you question if you had an injury. If so it is a very different mater than property damage only in terms of what needs to be done.
    Answer Applies to: Connecticut
    Replied: 6/27/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    It's difficult to advise with vague information. You should consult with a lawyer.
    Answer Applies to: Illinois
    Replied: 6/27/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    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.
    Answer Applies to: Michigan
    Replied: 6/27/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    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.'
    Answer Applies to: Washington
    Replied: 6/27/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    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.
    Answer Applies to: Georgia
    Replied: 6/27/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    I suggest you contact an attorney that handle automobile accidents and personal injuries to schedule an appointment with that attorney.
    Answer Applies to: Georgia
    Replied: 6/27/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    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.
    Answer Applies to: Massachusetts
    Replied: 6/27/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    If you damages are less than $ 5,000.00 you may file a Small Claims lawsuit yourself. Otherwise, most attorneys will give you a free 15-30 minute consultation regarding your claim. Also, the Iowa State Bar Association has a list of volunteer lawyers who will help you free of charge.
    Answer Applies to: Iowa
    Replied: 6/27/2012
    Bruce Plesser | Bruce Plesser
    If you were rear ended even with modest injuries, a lawyer will take case if insurance on other side.
    Answer Applies to: Florida
    Replied: 6/27/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you begin by talking with family and friends to help you find a lawyer ASAP to help you as to your rights and options.
    Answer Applies to: Georgia
    Replied: 6/27/2012
    Rita Skuratovsky
    Rita Skuratovsky | Rita Skuratovsky
    You definitely needed to contact an attorney, especially if you have been injured in this accident. If you suffered no physical injury and chose to go through the process on your own, you need to make a claim with the other party's insurance and request that they pay for your damages. They will need to come out to inspect your vehicle and pay for the repairs.
    Answer Applies to: California
    Replied: 6/27/2012
    Jane Phillipson Wilson, Attorney at Law
    Jane Phillipson Wilson, Attorney at Law | Jane Phillipson Wilson
    Where did the accident occur?
    Answer Applies to: Michigan
    Replied: 6/29/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    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.
    Answer Applies to: Oregon
    Replied: 6/27/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Have you submitted a claim against the other driver's insurance company yet? Have you previously had professional help with this matter?
    Answer Applies to: Texas
    Replied: 6/29/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yep / you better call the Bull Dog: Injuries and all other damages must be documented or the insurance company will not consider them
    Answer Applies to: Virginia
    Replied: 6/27/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    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.
    Answer Applies to: Utah
    Replied: 6/27/2012
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