I was rear ended while I was at a complete stop waiting to make a left turn in a 40mph zone. Car came from behind from what appeared to be going over the limit and not having enough time to stop. He tried braking and moving left to avoid hitting us but still managed to hit my rear drivers side tire. We felt the car lift and bounce back down. Now there appears to be quite a bit of damage mainly on the rear driver side and my bumper. My question is will his insurance fix it? Is this damage repairable ?

Also I went to get checked after the accident and was told I had a cervical strain. Doctor said I should be good in a few days but the pain only seems to get worse. Also once in a while I feel a weird numbing pain in my right hand. Don't know if I should go back to the doctors and get checked again or if this should only last a few days like the doctor said

These are a few pictures of the damage.

Rear wheel seems a bit far off.






Passenger rear wheel arch lifted a bit from the top as well

 

Get an MRI.

Don't sign a medical release until you have finished physical therapy with 100% good outcome.

Take car to reputable shop.

The other guy's ins will pay 100%. Your ins will not be involved at all. (unless the other guy doesn't have any)

Edit - you get a rental car & don't forget about loss of value due to salvaged title status.

Went thru this last summer, was rear ended by a texter.

 

I hope medically you guys come out ok. Unfortunetly, most insurance companies are gonna go the most cost effective route on the vehicle. In this case with a car that’s 11 model years old and with the amount of damage, it looks to be a total loss. Imho, I don’t think I’d want them to try and repair it.

 

 

Talk to a lawyer about the injuries, and make sure you keep all the medical records. DEFINITELY keep going if you have any pain or numbness. The car can be replaced, your body cannot.

As for the car, from the pictures, nothing looks too bad out of place. Take it to a reputable shop. They will help you determine if its repairable or not. It the doors and hatch still open fine, nothing should be tweaked too badly. Look at the roof to see if there are any ripples from the transfer of energy. If the roof is rippled, car is toast.

 

 

Ya, I'm with everyone else. Considering it's a 11+ year old mini, looks totaled to me..

 

Best advice I can offer -- based on experience with a couple of accidents (not my fault) with other cars -- is you want to get something in writing that the other driver's insurance company has assumed reponsibility.

Then if you are permitted to select which shop you take the car to and you you should be is to find a highly regarded Mini repair shop and let it evaluate the car.

The car will be partially torn down and critical body/chassis hard points will be checked.

Given the severity of the impact, my WAG is the car will be declared a total loss.

I'm not a fan of buying back the car in this case and trying to repair it. Sometimes through no fault of its own a car ends up being a donor of parts to keep other cars on the road. If your car is declared a total loss that is its fate.

As for your medical issues, you need to let your doctor or a specialist treat you and bring you back to 100% good health.

You can consult with an attorney that specializes in these types of situations not hiring him as you would to file a suit but paying him for an hour or 2 of his his time to go over the situation and help you understeand your legal rights and how to obtain a suitable settlement.

If you hire an attorney he can get 30% (plus expenses) of anything you get. If the case goes to court he can get 40% (plus expenses). In my experience even though the case never went to court my attorney got nearly 50% of the settlement. Those "expenses" add up.