Mom got into car crash. Claim vehicle damage now and then personal injury later?

[hardin]

My mothers 2011 Toyota Venza got car t-boned by a car coming off of the highway via an off ramp. It was pretty serious and she was taken to the hopsital via ambulance. Initial xrays, mri were negative so she is now home. I was wondering how the insurance claims process works exactly. The other car was at fault (police report) so I understand their insurance should foot the bill. I know she should be getting a check for the value of the vehicle. (it was totaled) My question is if this payment is independent of the payment the company will make for personal injury, aka hospital bills. Her initial xrays and mri was negative, but we would would rather wait at least a month to file the personal injury claim to make sure she is OK physically. But of course, if the insurance just pays a lump payment, then litigation may occur. She still needs something to drive.

[salvadore94]

You can claim the damages to the car with the other company or your own company. It's your choice. Your collision insurer has to pay the damages if you want them to. The other company may or may not pay them voluntarily. Sounds like in this case they will pay. If you don't like their settlement offer theres nothing stopping you from asking your own company to give you an offer.

Normally the property damages are paid separately from the injuries, yes. they should also be providing her with a rental vehicle for at least some period of time. In some states the rental cost is owed only if it is actually incurred (meaning only if she actually rented a car). In other states rental may be owed for a reasonable period even if she never rented a vehicle.

The medical bills first go back to her own auto insurer under her PIP or MEDPAY coverage. This pays for injuries from an accident and is her primary coverage. Second in line is her health insurer if/when the auto coverage is exhausted (or doesn't exist). Just remember when you do the settlement that if her health insurer paid-out on anything she may well owe them back the money they paid out of her settlement.

The final settlement will usually be accompanied by a general release of all claims where she signs-off on the settlement in exchange for a check for a certain amount of money.

[chatima]

The money that is given to your mom from the insurance company for the damages of the vehicle is separate from the money she will get for her medical bills. Her medical bills should also be paid by the insurance company but separate from the damages of the vehicle. Hope this helps and good luk to your mom with the future tests.