Car accidents - lots of questions

Miscellaneous and Personal Stuff I Must Share
1

I tried to post this a few minutes ago, but I got the “IP banned” message. If it’s a repeat, will one of the mods please lock it up?

I’m not looking for legal advice. Yesterday, I was hit from behind while stopped at a red light. The driver was going at least 60 MPH and knocked me about 100 feet thru the intersection. Luckily, I wasn’t hit by cross traffic. I was transported to the ER by ambulance. After CT scan and X-rays, the diagnosis was “cervical sprain”, which I’m beginning to think is whiplash, based on the increased amount of pain I am feeling today. Also, many large bruises have come up on the left side of my body overnight. I am wearing a soft cervical collar and taking it easy. I can’t imagine that I’ll be able to work for a few weeks, since I’m a nurse and my jobs are both very physical.

Should I consult a lawyer? Mr. Driver in a Hurry has a valid license and insurance.
My car may or may not be totaled. Mr. Beckwall took video of it at the collision shop. The official report lists the car’s condition as “wrecked”. I’m less worried about the car than I am about the income I will be missing. I was actually driving to a class that I teach in a clinical setting off-campus. Of course, we notified my employer. It’s a small private school. All he said was “feel better soon”. Does any of this sound like it’s a workmen’s comp issue? Or do I have to go up against the other driver to recoup out of pocket expense and other money?

Once again, not looking for legal advice, just any input would be appreciated.

2

GET A LAWYER!!

As for the Workman’s Comp: I don’t think this qualifies since you were technically not working at the time of the accident (unless you were in a a company vehicle).

As for the status of the car, that’s for the insurance company to decide.

Keep track of all expenses incurred while you recover, including missed salaries.

Don’t settle with with Mr. Inahurry. It would probably best to not communicate with him at all.

Good luck and keep us updated.

3

After a 60 MPH - 0 MPH rear end collision, I’d probably describe both cars as “obliterated - unrecognizable as automotive” and all occupants as “dead”. That would be an astonishingly huge wreck - that’s four times the energy involved in the federal 30 MPH crash and that crash demolishes a thick concrete wall. If you’re typing this, you weren’t hit by someone going 60 at the time of the collision. I’d say at worst that you’d been hit by someone doing 40 or so.

GET A LAWYER! Huge wreck, injuries immediately apparent, lots of time missed from work, and a car that’s in smithereens. Any of the above would be cause to call a pretty decent lawyer - get the guy who the other lawyers don’t want to go up against.

4

I would say that this could count as workman’s comp. I work with a guy who was traveling from one office location to another in his car when he was hit by a cement truck in the intersection (truck ran a red light). Fortunately he lived, but he was very badly hurt. He was completely out of work for three months, and it was another five months before he came back full time.

This entire time he was collecting workman’s comp, because he was making a required trip for work to get to a meeting. It did not matter that he was in his own car, which was totaled. I would contact your human resources department and make an inquiry into what your rights are as far as your employer is concerned.

If for some reason this is not covered, I would definately contact a lawyer to find out what your rights are against the other driver. There are a lot of lawyers who will give a free consulatation of your rights.

5

It appears from the example you gave, that the employee was on “company time” doing something required for his job. This is not congruent with the OP in that she was going to work. Workman’s comp is paid for by the company to insure people who are on the clock.

Your second bit about contacting an attorney, however is spot on. The OP should be recompensed by his insurance company for damages including: the car, lost wages, and potentially the long term damage to his or her body.

6

Almost three years ago, I was struck from behind by a driver going about the same speed as the one who hit you. I’ve been in pain ever since. Mine is diagnosed as “soft-tissue damage” which is almost impossible to prove, unfortunately. It’s permanent-- I will never get any better. My job and personal life have suffered, but I’m unlikely to get much of a settlement.

Yes, get a lawyer. Be prepared, however, for him/her to take about 30% of any settlement you get, plus costs. Your medical insurance company (if you’re using one) may also want to recoup its costs out of your settlement.

KEEP A DIARY! This is one of my biggest regrets. My husband told me I should, but I pooh-poohed the idea, thinking it wasn’t necessary. I wish to God I had. When I went in for my deposition, that’s the first thing the lawyer asked me. It’s also excellent for keeping track of which doctors you see and what they recommend. (In my situation, I’ve seen so many that I get very confused trying to figure out who I saw when and what they said.)

It will take a while to see any money. Likely, if your car is totalled, that will be paid off relatively quickly. (Call a couple of dealers to get prices on what they would sell your car for, and check its Blue Book value before accepting.) They may also pay for a rental car-- keep the reciepts.

Keep your reciepts for any medications, doctor visit co-pays, OTC drugs you may buy, and any hot packs or the like that you’re paying for out of pocket.

You will also want to have copies of your medical records or x-rays for your own reference. (If you get a lawyer, they’ll have you sign releases and get them from your doctor. Ask him to make copies for you.)

Be prepared to be treated like a malingerer who’s trying to make a quick buck.

Find out how much insurance the other guy had. The woman who hit me only had $25,000 in coverage, and my medical bills alone have been twice that. However, I have an Underinsured Driver policy, meaning my insurance should make up the difference.

Good luck. I hope you recover quickly and your injuries are not permanent.

7

Cases like this get me all hot and bothered, and I’m just a mere paralegal-to-be :wink:

YES, get a lawyer! Now! Ok, not now, but go Monday for sure!

YES, keep a diary! Go find yourself a notebook right now and start writing about how you feel physically today, what you couldn’t do today that you normally can do (vacuum, dishes, walk the dog, etc.). You will start forgetting this stuff pretty quickly.

Take pictures of your injuries, especially those bruises.

If you even remotely think that something else is popping up (your back starts hurting, for instance), go to the doctor. You may have injuries that don’t show up for a couple of months that really were caused by the accident, the body’s weird that way.

Basically do everything Lissa said. ESPECIALLY the diary and the receipts thing.

As far as lost wages go, that’ll be something that comes from the other guy’s insurance company (who will probably dump his ass considering what he did was so stupid). Plus loss of services/companionship, medical expenses, pain and suffering, anguish, permanent injury/disfigurement, etc.

Who’s the other guy’s insurance company?

8

The advice on notes photos ect is great but,
It may not be in your best interest to get a lawyer.

Again it may not be in your best interest to get a lawyer.
For example, if this is a clear cut case of liability, and it sounds like it is, the insurance company may just offer you the limits of the policy.

Just because you get a lawyer does not mean you will net more money. If the policy is small to medium, many times the insurance company will just say “hey this guy has a 25k policy its obvious expenses will go over 25k so let just save time and money and write the check.”

In the same scenario with an lawyer you would still be looking at a max payout of 25k while the lawyer takes his 30-40 percent. Not much work, little or no effort, but you come out with less.

9

Re workers’ comp: if you were driving to the class after already having been at work - so you’re in the middle of the workday and your employer requires you to drive somewhere in order to work - then WC should at least be notified. (It’s possible that lost wages and medical claims would first be sent to the other guy’s insurance.) If you were driving to the class at the beginning of the day, then you have no claim under WC.

10

Those are my feelings exactly. What made you think this person was going 60 MPH?

11

The accident I was in totalled my car, but I wouldn’t describe it as “obliterated.” My air bag didn’t even go off, and the other woman’s car was reparable.

The speed on the road I was on is 55MPH. She told the cop who made the report she was going about sixty to sixty five. I was at a dead stop waiting to turn. She didn’t see me until the last moment, and the breaks couldn’t have slowed the car much before the impact. (I didn’t even have time to recognize where the sound of squealing breaks was coming from before she struck me.)

12

Why is everyone’s first instinct to get a lawyer and “take 'em for as much as you can?” :confused:

13

I don’t see anyone on here who has said “milk it.”

Insurance companies will screw you over HARD if you let them, though – you think they want to compensate beckwall? No, they want to wave a $10,000 check under her nose, hoping her eyes will glaze over. They want her to think she won’t win at trial, and so she may as well take what she can get NOW, rather than hold out for what she deserves.

Lawyers – the good ones, anyway – make sure injured parties get what they deserve.

14

Freejooky –

You’re putting words in peoples’ mouths. But here are the facts:

  • the insurance company for the person at fault is a professional at minimizing costs and this is Beckwall’s first instance of accident damage. It’s only prudent to have advice that’s comparable to the defendant’s legal services & insurance companies. A quick settlement often involves waiver of other downstream claims – something known to home and other insurers (and not just auto insurers).
  • even Beckwall’s own insurance company has rights under subrogation, rights which Beckwall needs to understand
  • proof of downstream damages and workmens’ comp claims are:
    – sometimes troublesome
    – and sometimes involve surrendering other rights. A former police officer that we know has surrendered all rights to pension compensation under the workmen’s comp rules.

I’m outside my depth in saying that workmen’s compensation claims are the most-likely to be contested – but let’s say that it’s a very open process.

You need the best available wisdom, whether that’s from Freejooky or an attorney.

Best regards,

Mooney252

15

This as a blanket statement is absolute bullshit and only serves to breed a strain of ignorance even Cecil would be tested to fight.

Insurance companies are legally obligated to pay what they owe. In cases of property damage (your car & rental expenses related to the claim), determining this amount is fairly straightforward. In injury cases, it is less so. Medical bills & lost wages are a slam dunk: document your loss and it will be paid (up to the limits of the policy or as limited by statute & other applicable insurance, blah blah blah). Pain & suffering? What dollar figure can you put on the discomfort of a cervical strain? I could give you $1 million and you’d still be a hurtin’ unit. There are no statutes outlining a dollar value for various injuries. I have personally never waved a check of any denomination under anyone’s nose with the hopes of blowing their tiny little animal-in-survival-mode mind. To do so would be an insult to the customer.

OP: work in good faith with the insurance company of the guy that smashed your car. If you have questions, ask them. If you believe someone’s trying to screw you, talk to your own insurance company and see if you’re being dealt with unfairly. Do the diary, rate your daily level of discomfort on a scale of 1-10, keep track of appointments missed, wages lost, daily activities missed or restricted, etc. as a result of your injury.

And keep this in mind: NO claim rep is viewed more favorably because he pays less for claims than his peers. A company that engages/supports this type of practice will be dealt with most brutally by the division of insurance. Insurance companies generally play fair. If you think you’re getting screwed it’s probably because something was not effectively communicated to you. Ask for clarification. My point is, make sure you’re getting screwed before you hire The Bulldog Lawfirm to come & rescue you. Odds are you just won’t need a lawyer. Period.

16

You have light intersections on a 55 mph road? Holy crap that’s super dangerous.

Even a 2 second full on braking interval will reduce your speed significantly (from about 60 to 40). Being hit straight on at 60 mph wouldn’t be repairable at all. There wouldn’t even be a question about repairing a car from that sort of hit.

17

Don’t even give his insurance company the time of day. Some will try to get you to sign a release and screw you out of a settlement.

18

Thanks to everyone for the advice. I am a super-organized person, and it never occurred to me to keep a daily record of pain, loss of wages, limited activity, etc.
I am finding new bruises everyday, and the neck pain is still about a 7 on the 0-10 scale, even with the soft cervical collar. Seriously, I was on a road where the speed limit is 50 and there are occasional stoplights. Most everyone drives a bit faster than the posted speed, so I just guessed at the number 60 MPH. Whatever
it was, it turned my Outback wagon into a compact (according to Mr. Beckwall, the back section where I kept all my home health supplies is gone, along with the hatch door, bumper, etc).

Would it be unwise for me to shell out $40 for an online background check on the other driver? All I know is his name, driver’s license # and insurance company. If I call the sheriff’s dept., will they release info to me (for example, what was he cited for?)

All I can say is don’t ever have an accident on Friday, cuz nobody works over the weekend. My adjuster was gone by 4 PM Friday, so I talked to an after-hours adjuster. I can get a rental car, which would be fine if I could only turn my neck enough to drive safely. Still waiting to hear from the medical claims adjuster. Going to see my regular internist Tuesday.

Thanks again. You guys are great. BTW, my airbag didn’t go off, either. WTF?

19

Airbags are generally designed to react only to frontal and side impacts over a certain speed.

20

Like Dorjän said, airbag didn’t go off because you didn’t have an impact to the front of your car. It’s designed to keep your face off the dashboard and you were heading the opposite way.

As long as his insurance company is working with you and is not saying he’s uninsured, you’re fine not knowing who he is or anything else about him. If you want to press vehicular assault charges or something wild like that, or if his policy limits are not adequate to cover your expenses then this may change and an attorney would then be recommended as you will be bringing suit against him directly. But until that happens, you’ll need to be in contact with his insurance company directly. Order a copy of the police report if you want, it may cost like $15 bucks and take a week or two to get it. That’s probably the only way you’ll get his info from the cops.

Whether or not you actually get into a rental car, you are owed “Loss Of Use” which basically means you can rent a comparable replacement car for say $30/day or you can collect that cash in lieu of renting. Loss Of Use benefit typically starts on the day of the accident and ends on the day a fair total loss settlement offer is extended to you–maybe a few days more.

If you MUST get online, shop for cars like yours, same year make & mileage, and get an idea of what you could have sold your car for immediately before the accident. Cars.com, Autotrader.com and NADA.com are pretty good sites. Kelley Blue Book will only yield you a realistic value by accident. Don’t even look at it. What you want is to be prepared with…data…and like…facts…when the total loss settlement is made. You’ll know immediately if it’s reasonable and if not, you have something to negotiate with. The property damage (car & stuff) claim is handled seperately from the injury claim, so you have nothing to lose if you accept the car settlement right away but want to wait until you have a beter idea of your whiplash prognosis.