How should I file a claim regarding a car rear-ending my car when traffic is paused?

Additional Information:  Traffic was at a standstill on Rte 9 in Worcester and I was rear ended while my car was stopped. A police report was filed, other driver was issued a citation.   As a result of the auto accident, I have nausea, dizziness, shortness of breath, and some pain.  Damage to my car includes damaged bumper, inverted body frame, passenger side door has trouble opening, and right end wheel is skewed.   How should I file a claim with my auto insurance company?  And how do I get them to pay for future medical expenses? I am not sure if there will be future health complications and don’t want the insurance company to underestimate my injuries.

Attorney Answer:

The first thing to do is to notify your insurance company of the accident, either directly or through your insurance agent.  The company will send you a Personal Injury Protection benefits form to complete.  This will enable you to have your medical expenses related to the accident paid by your company.  You should then submit any medical bills, including any receipts for insurance co-pays to the company when you receive those bills so that it can pay the provider directly or can pay you.  Your insurance company will also want to know about damage to your vehicle, particularly if you have Collision coverage under your policy.  That coverage will enable you to have your company pay you for the damage to your vehicle.  If you do not have Collision, then you will have to seek payment from the other driver’s insurance company based upon that driver’s fault.  In either case, the insurance company will have someone examine the vehicle to appraise the damage and the cost of repair.  You should also have someone do that on your behalf, and the most likely person for that is the body shop that you will have repair the car.  Often, the body shop will deal directly with the insurance company to agree on the repairs to be done and the cost of those repairs.  You should also contact an attorney to determine whether there are other actions you should take to preserve your rights to claim your damages.

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