Rear Ended - Not at Fault, but am I screwed?

[haydens]

Hello,

I was rear ended earlier this week and I am pretty sure my vehicle is totaled. I have a 2020 Impreza and was rear ended by a driver who hit me going full speed (45 mph) making no effort to stop. The other driver was issued citation. I purchased my impreza earlier this year and the appraised value will not meet the amount remaining on the loan. I sadly do not have GAP insurance. Outside of the damage to the vehicle, I have minor injuries to my face and neck (mild concussion, nose is bruised/swollen which could develop more issues). I have attached a photo of the vehicle for reference. I do not want to be in a position where I have to pay out of pocket to pay off the totaled vehicle. How do I avoid this? Should I pursue legal action? Please give me advice as this is the first time I am navigating a situation like this

 

[Dick Foster]

It would seem the other driver is at fault and his insurance or he is going to have to pay the damage.

 

[mbmaniac]

I would make sure you contact your insurance company and provide whatever details they need. They will go after the other insurance company for the damages. I'm not sure how it works where you are but New York State also requires you fill out and submit an accident report to DMV, so check with your local DMV. You may also need a copy of the police report. In addition, you might want to contact a lawyer that specializes in auto collisions in case you can sue for additional damages or require additional health care in the future.

 

[Captain Quack]

That exact same thing happened to me with my '99 forester. Other party was 100% at fault. My advice is get a personal injury lawyer. They know how to deal with insurance companies and medical and all that. Put it in their hands and relax. At least around here (North Idaho) they take 33.3% of the settlement as their fee. The higher the settlement. The more they make. That's their insentive. We've had cars totaled by other drivers twice now. It's worth the 33.3% to hire a expert and not have to worry.