Is was rear-ended on an interstate off-ramp monday. A car in front of me was driving recklessly and almost sideswiped my SUV as she tried to get into my lane (this person saw the crash and drove off anyways without stopping). I braked to avoid this person and was rear-ended by another person behind me. Even though the other driver was at fault, there were no citations issued (in Louisiana the person who runs into the other is ALWAYS at fault). Their insurance company only wants to pay 75% of my vehicle claim and bodily injury claim because they said that the person who originally almost ran into trying to get in my lane really caused the accident. They said if I wouldn't have braked then there wouldn't have been an accident (DUH!). Should I get a lawyer?
To me it seems pretty obvious that a person should always be following far enough behind to avoid rear-ending someone regardless of whether they brake or not.
I also have a sore neck and shoulder from the crash and saw a chiropractor today who said I will need 6 weeks of treatment.
Answer by CwboyBill
You live in a comparative negligence state, meaning that 25% of the causation of this loss was deemed to be your fault.
Get a lawyer. In fact, get two lawyers. Hire an army of lawyers. everybody in LA sues everyone. It doesn't matter -- this is probably as good an offer as you will get under the circumstances.
One more note: no state has a law or statute that states that if a vehicle hits you they are 'automatically' at fault.
Answer by oklatom
Why would you want to involve an attorney who will take a third of anything you get? But you can't really blame them for standing up for their client. Tell them 75% is not acceptable, and their client was following too closely which puts them at fault. Tell them if they really feel some other driver has responsibility, the other driver, to feel free to get some of their losses back from that person, but it doesn't affect the fact that their insured ran into the back of your car and that you need to be made whole, 100% worth.
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Orignal From: Am I right to expect full compensation? Should I get a lawyer?
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