IANAL, minored in business law though. Best thing I can say is that if you get rear-ended, it is pretty much the burden of the other party to prove they were not at fault for the accident.
Did this happen in New York or in Jersey? If it was in New York, you've got to watch out forthe filing deadlines as the state has some pretty craptastic no-fault laws. You've got 30 days to file the initial claim with your insurer and 45 days to submit any medical bills if you want them to be covered. In New York your insurance pays for all your damages up to your policy limit (regardless of fault) and you can't sue the other party unless you have "serious" damages which exceed policy and statutory limits. FYI, IANAL. -hl718
I was in jersey (where i live ) and this happend to me it was hit an run we were lucky enough to get there license plate # buy they had something called ""dollar a day insurece"" so that means it didnt cover anything, and it was pointless to sue them because there was nothing to get (if u have money you dont have dollar a day insurence), in other words we got hit and were fucked because we dont have collishion, luckly all we got was a fucked up car with a trunk that dosent close and a headache well, thats jersey
You're in America, right? Sue first, ask questions later. This is why our medical system is so fucked though.