Left with Nothing after accident, not at fault

[mandasue00]

I was stopped for a construction "flagger" on Tuesday, April 15, when a truck hit be from behind. My car was spun 180 degrees and my seat was ended up fully reclined. I slid out of my seat, even my shoes came off my feet. I was bleeding from a few scraps on my face and neck. My neck hurt and my body was quickly becoming sore.

I was taken to the ER and after neck x-rays I was released.

I received a copy of the accident report and it stated that the other driver was at fault. The "flagger" even stated that he noticed the other driver was not looking at the road right before he hit me. Another man that actually works at the same place as my husband was in the vehicle behind the truck that hit me. He said the other drive tried to swerve at the last minute but it didn't do any good.

First issue was we had to go four days after the accident before we could even get a rental car.

Then on Monday, April 20 we were told my car was "totaled". I had an 2002 Honda Accord LX and they were estimating it would cost over $13,000 to repair it. Our insurance claim rep. said our car was valued at a little over $9,000 and after a 7%tax, our $2500 deductible and paying off the rest of our car (approx. $6700) we will basically get nothing.

We have to turn in the rental car by Saturday, April 26 and we won't even have enough to put down a deposit on a different car.

I don't understand how if I was involved in an accident that was in NO way my fault how I am ending up with nothing? Shouldn't the other driver's be paying my deductible and paying off my car?

Several people have told us we should get a lawyer, but I have no idea why kind of lawyer to get. It is a week after the accident and I still have some back pain and a slightly stiff neck, but how do I know those are results of the car accident.

I will admit I am completely ignorant on all of this insurance stuff. I just feel like if it wasn't my fault why am I paying.

Please Please give me advise.

I live in Indiana so if anyone knows any lawyers. What about small claims?

 

[PILawGirl]

If the ACV (actual cash value) of your car is less than 13k they are not going to pay out that much to fix it. Not even the other party will pay out more than the car is worth. Did the other vehicle have insurance? If so, your own insurance should go after them to reimburse for the damages (including deductible). Waiting 4 days for a rental is not that bad, some people have to wait a lot longer. Most personal injury lawyers will not handle property damage cases. They will "assist" if needed but to avoid taking a fee they will not handle it exclusively.

If you're looking for someone to represent you for the injury portion most PI lawyers will take the case but only if you agree to "treat" on a regular basis to support the claim (i.e. chiropractor, physical therapy).