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Hit while stopped in traffic, Passeger hurt

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What is the name of your state (only U.S. law)? New Hampshire
A little over a week ago, I was driving and was stopped behind traffic in a 30 mph zone when I was hit from behind by a large truck doing about 40. The vehicle in front of me had just started moving and I was just about to give it gas when we got hit. I came real close to hitting the car in front of me. The passenger next to me had to be removed by the FD and taken to the hospital. They kept him for three days.
The driver of the truck was alone and didn't get hurt and his truck was drivable. He also was given a ticket and the police told me that he is 100% at fault.
My vehicle had to be towed, and the police drove me to the hospital.

Now for the twist: My lower back was tender and my neck hurt starting right at the accident. But not bad and I was too worried that my passenger could snap his neck. The doctors in the emergency room wanted to check me out but I declind (I don't always listen to my own advice). They had me do a few things and asked some good questions. Then gave me some good advice. I've had wiplash before and had a good idea what to expect. I didn't do anything insane for days and most of the sourness is gone. Hopefully no big deal.
The big reason I didn't want anything medically on record is because it could cost me a continuation of a contract, and isn't worth spending the rest of my life sueing over.

Now for the million dollar question: In New Hampshire the driver of the truck is responsible for the vehicle that he hit, but when it comes to injured parties, do I have to worry about them placing some small percent of resposibility on me?

NH Law; As it stands right now the insurance on the vehicle that my injured passenger was riding in is at first responible for paying medical bills and will eventually get paid back by the responsible parties insurance at the end if any $ is left.

Should I be at the at fault drivers court date in case he pleads not guilty?

Without a doubt, my passenger got hurt bad, and there isn't any way to figure out how long recovery will take. The passenger hasn't talked to the truck drivers insurance CO to date. They have asked me for his contact info, but I have only given out the info that was on the police paper work. They have asked for a phone # but truefully "I don't have it in front of me" when talking to them.

Is the passenger required to talk to the insurance company? or if he gets a lawyer, would they want to handle all correspondence???

Thanks for the help.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
The passenger's lawyer may include you if he sues, if he does your insurance will defend you. 0% at fault means 0% responsible for his injuries, but most of the time in a lawsuit the lawyer will want to include ALL potentially liable parties, even if there's a very small chance of liability.

New Hampshire is not a no fault state, your insurance is not responsible for his bills UNLESS you happen to carry Medical Payments coverage, which is a first party benefit that you or your passenger could claim against. And they will definitely subrogate against the at-fault party.

Your passenger would be well advised to hire a lawyer if his injuries are serious.

Edit: I see that Med Pay is actually required in NH, but it's still not a No-Fault state.
 
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Thanks. Thinking that I might be added on a suit doesn't make me feel warm and fuzzy.
I guess I should count my blessings the the other driver was up to date on his premiums. Insurance isn't required in NH unless the DMV asks for proof of it. The Concord police even called in to make sure the insurance was valid at the time.
 
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The other insurance company had an adjuster look at the vehicle (I had it towed to my work). Now they are claiming it totalled and are offering me a lot more than it is worth. They want the tittle and want to take the vehicle A.S.A.P.
I wasn't there to talk to the adjuster, and haven't asked for a rental or returned a call to the insurance co about the offer yet.

Does this sound normal? They seem to be offering more than Kelly's blue book???
 

justalayman

Senior Member
Does this sound normal?

no. Either they are incorrect in the valuation or you are.

but why would they want this: ` ?

(that is a tittle)

are you sure the offer doesn't also include something like car rental or maybe even a token pain and suffering in exchange for a release of ALL claims, not just the property damage?
 

ecmst12

Senior Member
Gift horse, mouth.

Make sure you read the release carefully of course, but don't complain if your car is worth more then you thought!
 

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