I was rear-ended today at a stop light

MikeWinLDS · 11-30-08, 03:07

This is the first accident I have ever been in, and to top it off, I just bought this brand new car too (it's a 2009 Toyota Camry LE). I was stopped at a stop light, and the car behind me just barreled right into the back of my car. There is a lot of scratching and marring done to the bumper, and on the side of the bumper it is pushed out of place. I'll put up some pictures in a little bit, but I'm still trying to collect myself.

I've never been into an accident before, so I hope I did everything ok. I called the police to come to file a police report, and I got the other driver's license, car registration, and insurance information. I also documented the damage with a camera. The police officer told me that I could get the report after about seven days or so, but what do I do now?

I am also hurt from accident, as my neck and back are giving me pains and discomfort. I will have to call the insurance companies, but which one do I call, and what do I do about the pain? It wasn't so bad at the time, so I told the police officer that I didn't need the firemen or paramedics to come, but now it's starting to hurt more. Do I need to look for a car injury lawyer now, or is this all a part of my insurance?

Plus, I am out of state visiting family for the holidays, so this will probably complicate things as well, seeing as my car insurance and registration is from another state. Does anyone have any help or advice they can give me? I've never been in an accident before, and I don't know what I should be doing. I do want to get the bumper replaced though, and have it done at the dealership where they can match the paint color and use genuine Toyota parts and all that, but I'm not sure if that will happen either. Man, this totally ruined my day. I hope I'm not going to have to spend lots of money on this whole fiasco.

Holden_C04 · 11-30-08, 03:14

You should have gone with the paramedics. They may deny any further health-related claims.

Bunky · 11-30-08, 03:26

You always call your own insurance company. They provide coverage no matter what state you are in. They will tell you how to file a claim. Your insurance may not cover using Toyota parts (most do not, they will oem equivalents). You can choose whomever you want but they will only reimburse per their policy.

soccerjunky · 11-30-08, 03:33

First.... call your own insurance....they should schedule an adjustor to look at your car and write you a check for the repairs with the body shop name on it... if there is no lien on the car they will write the check to you.. they will then pursue payment recovery from the other insurance once they get the police report...this way you can get your car fixed asap.. you will not get your deductable until your insurance collects on payment recovery...btw you choose the body shop so shop around... ask them where they order the parts .. it's your right

SECOND... your car has now significantly reduced in value(even when repaired) because it has an accident which appears on the cars history...GET the car fixed and then go back to the dealer and ask the dealer how much the car has depreciated in value because of the accident history... get the dealer to put that in writing and also the fact that the car has not been involved in any other accident... then take these documents and file a "diminished value" claim with the at fault insurance... it takes time but is worth the money .. trust me.. i was fortunate my dealer is also a lawyer..

Third go to a doctor to evaluate your spine.. save the medical bills and contact the at fault insurance....the insurance can't deny you just because you didn't go to the hospital...infact they should love you for going the cheaper outpatient route

get a lawyer if your doctor thinks you have suffered pain and suffering or any time the at fault insurance gives you a hassle

good luck........

not to long ago an 18 wheeler had a blow out on the hwy... the whole tire pretty much stayed intact other than the inner wall... it hit a Jag infront of me and totalled that car... then it hit my car and did 9k in damage.... i managed to track down the 18 wheeler and the at fault insurance paid for the jag , my damage, and my "diminished value" claim.....NOONE will tell you about the diminshed value claim but trust me the at fault insurance will know what it is...On a 09 car you should have a great claim

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thump_rrr · 12-01-08, 02:19

Laws vary from state to state and different insurance policies have different clauses.

Always deal with your insurance company.

In my province it is mandatory that parts installed on any car 18 months or newer must be dealer original new parts. After that they may use either used or aftermarket parts which meet OEM specs.

If you are truly injured then go see a doctor and submit any medical bills for payment.

I've been in several 3 major accidents including a rollover and have never claimed a medical injury.

I believe you have 2 years to file a medical claim since nearly 1 month before the 2 year aniversary of my rollover crash the insurance company of the responsable party called me to make sure I was OK.

Some policies do not allow for diminished value claims.

nosbusa1700 · 02-03-09, 03:02

If there's any doubt of how your feeling always go with a paramedic, or if that's not an option go to the hospital. Looks better for insurance. If you need to sue for medical bills etc.

My wife had what looked like a minor accident two years ago, at first she wasn't feeling any pain "the adrenalin had kicked in" however an hour or so after the accident she was in pretty bad pain. Her neck and back hurt and her hands were tingling then felt numb. The result of the low impact rear end crash her body absorbed the shock wave. She didn't go to the doctor until the next day.

Her second accident she was rear ended again about a year later. This time she was hit from the back and pushed into the car in front of her. It did over 10k in damage to her car and it banged her up pretty bad. This time she went to the hospital on the advice of her Attorney.

She ended up having to have three surgeries as the result of the second accident.

So bottom line always get checked out. You can't afford not to.

khooper · 03-26-09, 07:58

Going through the dealer is no better than going through an actual body repair shop. All of the dealers are buying aftermarket parts anyways. Parts from the actual car plant that made your car are seldom delivered to any dealership. The only thing the insurance is good for is finding you a body shop, paying for a rental car if part of ur coverage, and paying to have ur car fixed.

BigJohn · 04-16-09, 10:30

That's exactly why I always have a number from an car accident attorney in my wallet. Just in case, because you never know when you going to need it. Sometimes the insurance agencies react differently when a lawyer contacts them.