Got rear-ended on the freeway...

[anewbiewannabe]

Bitty,

Glad you are both relatively uninjured and that you have a good doc to check out your neck and such.

I'm confused as to why everyone is suggesting an attorney. Maybe it's different out west? If you carry more than just liability insurance on your vehicle and the driver who hit you isn't from a no-fault state like Michigan then the person who does the rear-ending is automatically at fault and responsible. Have you called your insurance company? The times I've been hit by another insured driver my insurance company did all the drama with the other insurance and I just got my repairs done and a check sent to me to cover it---no money out of pocket. (Not sure how it works if the vehicle is considered totalled.)

The only time I was hit by an uninsured driver I had to go to court and she was ordered to pay, didn't, and it would have taken me more in attorney fees to get her to pay than just using my uninsured motorist coverage. I was just thankful that by grace I survived that accident as if I hadn't done evasive maneuvers I wouldn't be here to talk about it.

If you check with your insurance company they may be able to take the headache of dealing with the paperwork on so you can just deal with your health and other things.

Best Wishes.

 

[SoulRaven]

I'm glad you lived to tell the tale!!

So, it wasn't my vehicle I was driving, it was my boyfriend's, so my own insurance is not involved.

I spoke with his insurance, and they said that they cannot handle the paperwork, they can only inform us of what needs to be done for the paperwork. Furthermore, they were planning to call the other driver and asked me if it was okay that they encourage the other driver to call me directly. I was like....no...I'd rather deal with everything through a third party. I was told that at some point in the process it would be required that I negotiate directly with the other driver. That's the first thing that had me wondering at what point a lawyer should get involved.

I was also present when @DarthVixen called the other driver's insurance company to open a claim. As per his insurance's recommendation, he specifically asked them to confirm whether they're accepting liability. They were evasive and said they'd get a claim adjuster. When he informed them that the other driver had literally made an admission of fault the insurance person said "That's too much information, I don't want to know that." Umm...

So honestly I'm a bit confused about the lawyer stuff as well. I'm reading online articles such as these that advise if all you've got is minor injuries then you shouldn't need a lawyer, and many people--including @DarthVixen's insurance company--have advised that this is a very cut and dried case regarding who's at fault. But interacting directly with the other driver over the phone on an unrecorded line is a concern to me, especially if that's required to settle for compensation for pain and suffering.

Thus far I've spent my entire morning making back-to-back phone calls to try to resolve the medical dilemma of needing a neck brace but unable to wear standard ones due to my mask. So for now I've just called my case manager and requested she look up legal resources for me to tackle once my immediate medical needs have been addressed. When muddling through and confused it does seem to make sense to consult a lawyer if at all possible, to err on the side of caution especially in today's litigious society.

 

[nobodyG17]

Glad you guys are mostly OK. 

My mother is dealing with an issue similar to this right now.  Other drivers fault completely.  She was injured enough to be in the hospital over night and have issues still to this day over a year later. 

Just be aware that everyone involved is being a pain in the ass and it's like pulling teeth.  That's with a high priced attorney.

By the way over a year later and nothing has been settled and the other insurance company is even trying to deny things that are needed according to doctors.

 

[GotSmart]

I'm glad you lived to tell the tale!!

So, it wasn't my vehicle I was driving, it was my boyfriend's, so my own insurance is not involved.

I spoke with his insurance, and they said that they cannot handle the paperwork,

So honestly I'm a bit confused about the lawyer stuff as well. I'm reading online articles such as these that advise if all you've got is minor injuries then you shouldn't need a lawyer, and many people--including @DarthVixen's insurance company--have advised that this is a very cut and dried case regarding who's at fault. But interacting directly with the other driver over the phone on an unrecorded line is a concern to me, especially if that's required to settle for compensation for pain and suffering.

Thus far I've spent my entire morning making back-to-back phone calls to try to resolve the medical dilemma of needing a neck brace but unable to wear standard ones due to my mask. So for now I've just called my case manager and requested she look up legal resources for me to tackle once my immediate medical needs have been addressed. When muddling through and confused it does seem to make sense to consult a lawyer if at all possible, to err on the side of caution especially in today's litigious society.

This is why you need a lawyer.  

My policy is one that covers everything, and then tries to collect from the other company.  I was specifically told (By my insurance) NOT to contact the other driver. (After the initial exchange of info) 

The only paperwork I had to fill out was extremely basic.  It was all done over the phone.  One call would get things going on any new need. 

My company (USAA) paid all bills, and medical devices.  They paid for my car, and gave me a pain and suffering settlement.  Then they sued the other driver.  (Who had given LEO false insurance documents) 

If your insurance company is not cooperating, you might have to give them a wake up jolt.

 

[anewbiewannabe]

Bitty,

By your insurance I just meant the vehicle hit. Was there a police report on the accident? You need a copy and it should list the other driver at fault---would think they'd have gotten a citation for the accident. The other insurance company can't debate that though they may drag their heels. Before getting an attorney I'd first try the cooperative approach, then the threatening them with having your attorney (whether you actually have one now or not) take them to court if they refuse to be cooperative and hitting them with attorney fees on top of medical and damages. That's just what I'd do as I'm "cheap" and I've never had one I had to take to court nor had to use an attorney, including my own insurance company for the medical associated with being hit by the uninsured motorist. I've never seen a bill after providing the insurer information. You're there so you know more about your situation so I won't presume to know what will work for you, just share what's worked for me. Can your bf deal with the insurance company while you deal with the other stuff?

I'm really curious about the 2 insurance companies involved as I wouldn't want either one of them to insure me if that's the kind of service they offer. Care to share what company your bf has and the other motorist? I've been wondering how hard it is to deal with the online insurance companies and I'm just guessing that's what one or the other insurance is.

The neck brace thing has to be hard. Dealing with fitting with the mask and, wouldn't the materials from some of the neck braces be out of the question because of your sensitivities? I've seen some of the foam braces and wondered what on earth they are made out of. I hope you find one that will work for you as soon as possible. Thirty years later I'm dealing with osteoarthritis from the injuries from that real bad accident that I walked away from.

Best Wishes.

 

[rvwandering]

I don't have any good advice but I'm glad you're both okay and I hope the insurance comes through for you.

 

[Dust-In-the-Wind]

Only one more example of why a $79 dashcam is SUCH a good investment.

All the best.

 

[SoulRaven]

Got a hold of the police report today. The driver who hit us got ticketed for driving too fast.

I got the neck brace and am doing a lot better. Can't drive yet due to both he neck injury/brace and the meds I'm on, so appointments are requiring a lot of coordination to arrange rides. Finally get to see my structural specialist on Saturday.

@DarthVixen's work can still fire him "at will" for any or no reason and personally told him this morning he has zero job security for missing work despite having just been in an accident. He's going in today, forgoing the prescribed painkillers in order to do so. It sucks.

 

[rvpopeye]

Neck brace , can't drive ...... lost job because of accident !
I agree , you two need to get a law firm with experience in this kind of stuff...

 

[SoulRaven]

Alright, the other insurance is officially denying any liability whatsoever.

Insert jaw drop here.

We've got a lawyer and I'll follow the standard legal advice and shut up about it now.

 

[DarthVixen]

Yup! Lawyer activated!! The owner of my workplace called saying I can take as much time needed off. So that's fantastic! 

Lawyer is extremely brilliant. I've spent at least 2 hours on the phone with him.

 

[travlinman and wife]

BITTY my advice to you is to not skimp on your medical because your settlement will be about two times your medical expence. but do not lie be truthful. I am speaking from experience I got rear-ended by a drunk cops said was doing 110 and I was doing 60 0n the interstate. took me there years to settle.

 

[GotSmart]

This will take some time to settle.  

Right now take time to relax and breath.  

Keep a diary of every call, appointment, and pain episode.  

Let the lawyer earn his keep. 

Happy recovery!

 

[ggwoman]

What insurance company is the other guy using?

 

[ascii_man]

Well you can be thankful that the other driver has insurance.

 

[rgs80074]

In my experience Giecgo sucks to both have as insurance and be the other parties insurance.

2009 i was rear ended while stopped at a traffic light. obviously the other driver was at fault. I ended up with a lawyer unfortunately i had a real crappy one. He said this is how the law is and when the insurance gieco did it a different way he would say they don't do it that way as if it was no big deal for the company to not follow the law at will. My biggest problem is i ended up with a herniated disc that required surgery to fix (never happened) as while it bothered me i couldn't be without money to cover myself while i recovered and i had bad feelings about the lawyer. I had personal health insurance for years at that point and no dr visits, no pills etc for any back issues (i did have back surgey when i was 24 when i blew it out at ups but there's been no issues with it), well geico's medical dr who never even saw me stated it was a preexisting condition and the lawyer accepted it with no fight. my settlement in that case was very very crappy like 2grand which didn't even cover the damage to my vehicle that i kept saying was there. then 8 months later i get an 800 bill from a dr which screwed me out of most of a tax return.

dropped gieco and went with allstate afterwards.

flash forward to 2015

another accident this time i hit the person in the passager rear panel going 50 mph. this was there fault as they was distracted texting and pulled out in front of me (people start to inch forward all the time but she just gunned it not even given me time to hit the breaks).

i went to the dr the next day (emergency room type of place) they refused to treat me due to high blood pressure, well got everything going phyical therapy and all. over all i was sore but didn't think i was injured to any degree. but i got a lawyer quick becasue of the prior incident. funny allstate even stated i might want to get one which is funny considering i'd think a lot of times they pay out more when a person has one. anyways after a while of therapy they got concerned becasue even though feeling allright i was not getting better, mri's later it was discovered 2 disc bulges (not fixed no money for it) and a complete tear of my tendons in my shoulder (repaired).

used the settlement to pay off bills i had, need to get more paid off and money saved up and a job with insurance currently no insurance can't afford it. but i know i am on borrowed time with the back sooner or later i have to get it taken care of. just started a diet to lose weight to hope to make it last longer and over all i need to lose a lot will take care of other issues as well.

not sure how the insurance works where you are at and such but in florida your insurance covers you by law for 10medical and suck and unless you buy more does not cover anything for other drivers other than vehicle/property damage. heck i had the persons insurance (gieco) tell me they didn't have other liabiltiy covered other than that laugh at me and tell me if i wanted any money i'd have to sue them personally as they don't have to pay a dime and hung up on me. somehow the lawyer did manage to get 10grand from them and 40grand from my insurance.

after all fee's and such (still have 2 grand in my bank waiting for the one dr to bill me almost a year later and nothing) i was able to pay off a large debt on credit card, 4 grand on my student loans and have a small emergency fund. back surgery i am looking at 40-60k plus wages lost.


so i guess my advice is like the others

get a good lawyer fast
they typically take 1/3rd of the settlement but worth it even if they do very little just having the lawyer in your corner is good
document everything
every trip you make as you get reimburse for mileage
all expenses related to accident
lost days of work
never trust the insurance companies they'll tell you one thing then something complete different later (well i will say allstate didn't do this but gieco did constantly)
after you get a lawyer you should have no contact on the phone or in writing to the insurance company or anyone everything should be directed to the lawyer.


if you have a good case i think it gets taken care of quickly. I was in the accident in january, did the therapy and such, had surgery last day of june, had my settlement towards the end of august and now its april of next year. less than a year for the insurance settlement which seems quick compared to what i hear but then again after the surgery the lawyer sent a letter to my insurance and theirs basically stating in lawyereese that pay us the policy max now or go to court and its almost guarantied the damages will be much more including an estimate of 120k for the back issue and lost wages.

i think i have 3 more years to sue the person themselves for further money but the lawyer didn't mention this as a good option so must be the person themselves has nothing in their name and their name is not the same as the husbands (assuming it was her husbands insurance). they live in a nice area probably with a 400+k house and 5 vehicles in their driveway so they have money but i guess none or little is to her name that a lawyer wouldn't assume they'd just file bankruptcy.

 

[Optimistic Paranoid]

A cautionary tale from my massively misspent youth:

I worked with a guy who got hit by a car while riding his Harley.  While he was in the hospital, the other guys insurance company offered him a settlement.  They would pay all his medical bills, and offered him a nice chunk of cash to boot, enough for him to buy a brand new car.

He jumped at the offer and bought a brand new red Ford Thunderbird.

Then he had his operation on the leg and it turns out that it wasn't gonna be as easy to fix as the doctors had first assured him it would be.  Oops.

He had three more operations, all paid for by the insurance company, but in the end, they weren't able to fix it.  He spent the rest of his life hobbling along using a cane.  And because he had already settled, there was no way to go back and get the kind of settlement a lifetime disability should have gotten him, all because he was hot for a fancy new red car.

The lesson is, of course, obvious.  No matter how hard up you are for money, don't settle until you are sure you are well.

Regards
John

 

[SoulRaven]

What insurance company is the other guy using?

Lyndon Southern is the name of the other guy's insurance. My boyfriend's is Safeco.

Well you can be thankful that the other driver has insurance.

Yes, the bare minimum...

 

[Raven+Squid]

A cautionary tale from my massively misspent youth:

I worked with a guy who got hit by a car while riding his Harley.  While he was in the hospital, the other guys insurance company offered him a settlement.  They would pay all his medical bills, and offered him a nice chunk of cash to boot, enough for him to buy a brand new car.

He jumped at the offer and bought a brand new red Ford Thunderbird.

Then he had his operation on the leg and it turns out that it wasn't gonna be as easy to fix as the doctors had first assured him it would be.  Oops.

He had three more operations, all paid for by the insurance company, but in the end, they weren't able to fix it.  He spent the rest of his life hobbling along using a cane.  And because he had already settled, there was no way to go back and get the kind of settlement a lifetime disability should have gotten him, all because he was hot for a fancy new red car.

The lesson is, of course, obvious.  No matter how hard up you are for money, don't settle until you are sure you are well.

Regards
John

This needs repeating...

"don't settle until you are sure you are well."

 

[SoulRaven]

I'm just going to stick this in here...

A friend of mine and I went out to dinner tonight. It was the first day since the accident that I've managed to get out and do something relaxing completely unrelated to the accident. First time since the accident I've had a couple hours where it's not on my mind or the main topic of conversation.

We returned to the parking lot....and interrupted the robbery in progress. A thief had jimmied his way into my friend's car and was pulling out stuff by the armloads. He saw us, arms still full of my friend's things and jumped into his SUV and sped off.

My laptop was in there, hidden from view, and is now gone.

Since I have no smartphone, my laptop was my only connection to the internet. I'm currently at a friend's house to process everything. My laptop was password protected, but I've just finished changing my passwords anyway just in case.

I'm tired and my world feels so unsafe. The only reason it wasn't my van parked there was because I can't drive. My van has parked there well over a dozen times without a problem. What am I going to do in the future, just not go to my favorite restaurant? How do I make these things stop happening?

I know it's a rhetorical question...no one can make these things stop. It just really sucks.