The at fault driver’s insurance is trying to low-ball/deny me after he rear ended me and totaled my car.

Insurance Issues After a Rear-End Collision—Need Advice!

Hey, Reddit! I’m posting on behalf of my roommate “D,” who doesn’t have a Reddit account. They’ve given me permission to share their situation in hopes of getting some advice. Here’s a quick summary of what’s happening:

TL;DR: D was rear-ended in a four-car accident, resulting in her car being totaled and serious injuries (severe concussion) for herself and minor injuries for her passenger, G. The at-fault driver’s insurance (Allstate) initially offered $8,000 for D’s car, but has since backed out. They’ve hired a lawyer, but haven’t received helpful guidance.

(We live in Idaho)

Edit: The at-fault driver only has liability insurance that covers minimum requirements: $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage. You can find more on Idaho’s required auto coverage here: Idaho Department of Insurance

2nd Edit for clarity: In this post, I’m referring to my roommate as “D,” while I’ll be the OP. The passenger involved is “G.” The story is presented from D’s perspective.

So, call me D (19F). Back in October 2024, I was rear-ended in a four-car crash. A truck hit me, causing a chain reaction that crumpled my trunk and totaled my car. We didn’t call an ambulance to avoid the bill, but the police were on the scene, and I have the report. My roommate (OP, 41F) found a lawyer’s number from a billboard to help me and my passenger, G (20F, OP’s daughter), with the insurance claim.

After the accident, I went to the hospital where I had an X-ray due to shoulder bruising. G received a CT scan immediately. A week later, I still experienced symptoms like delirium, dizziness, headaches, and memory loss, so OP helped me get a doctor’s appointment. The doctor sent me back to the ER for another CT scan, which revealed I actually had a severe concussion. Meanwhile, G was diagnosed with a minor concussion. I’m still dealing with these issues months later.

I have State Farm, while the at-fault driver’s insurance is Allstate. Initially, they quoted me $8,000 for my totaled car, but now they’re claiming they don’t have the funds. My lawyers mentioned that I might recover around $3,000 for bodily injury, but that’s not nearly enough.

I still owe $15,000 on the car loan, and my dad and grandpa suggested I stop payments since I can’t retrieve the car and haven’t been offered a replacement. Plus, being under 21, I can’t even rent a car, despite offers to cover that cost.

What should I do next? Should I consider finding a new lawyer? Am I being taken advantage of in this situation? Any advice would be greatly appreciated!

One thought on “The at fault driver’s insurance is trying to low-ball/deny me after he rear ended me and totaled my car.

  1. I’m really sorry to hear about the difficult situation you and your roommate are in. It’s frustrating when insurance companies don’t follow through as expected, especially after experiencing such a traumatic event. Here are some steps you might consider taking:

    1. Review Your Current Lawyer: If you feel like your current lawyer isn’t being helpful, don’t hesitate to seek a second opinion or consult with another lawyer who specializes in personal injury cases, especially those involving auto accidents. Sometimes a fresh perspective can make a big difference.

    2. Document Everything: Make sure you have detailed records of all your medical visits, treatments, expenses, and any communication with insurance and your lawyer. This documentation can be crucial for your case.

    3. Contacting Your Insurance: Since you have State Farm, consider reaching out to them as well. They might be able to help you navigate the situation with the at-fault party’s insurance. They may also be able to provide guidance or support for your bodily injury claim.

    4. Negotiation with Insurance: If the at-fault driver’s insurance is low-balling you, you can push back and provide evidence of damages. You can get quotes for your car’s actual value, medical bills, and any other related costs. Sometimes, proving your case with solid evidence can help you influence their offer.

    5. Know Your Rights: Familiarize yourself with your rights under Idaho’s insurance laws. Each state has specific regulations about minimum coverage and how auto claims should be handled. You may want to contact your local insurance commissioner if you feel your rights are being violated.

    6. Consider an Advocate: There are advocates and resources available that can help guide you through dealing with insurance claims and legal issues. Organizations focused on consumer rights can sometimes provide valuable insights.

    7. Explore Other Legal Options: If you’re not satisfied with the compensation from the insurance, you may also want to consider filing a lawsuit against the at-fault driver if your lawyer believes you have a strong case.

    8. Stop Payments on the Loan: Before making any decisions about stopping payments on your loan, consult with a financial advisor or attorney to understand the consequences and how it might affect your credit.

    9. Support System: Having your roommate and family supporting you through this tough time is really helpful. Keep communicating with them and lean on them for support.

    Make sure to act quickly, as there may be time limits for claims and legal actions. I wish you the best of luck, and I hope you find the resolution that you deserve!

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