Liability = “You made a bad judgment call and caused an accident.” We all do stuff like this. My weakness is I tend to roll into & through crosswalks when approaching stop signs and I’m only focused on, “where’s my opening—gotta negotiate this intersection.” I’ll end up running someone over someday. If the case goes to trial the jury will say, “Yeah, it was your fault and you should pay damages.” DUI, reckless driving, road rage, etc. all “aggravate” liability. Those will garner the victim “punitive” damages beyond what they’d normally be entitled to. Basically, there’s a difference between being careless (like me) and knowingly endangering others by driving drunk, and the legal system recognizes that.
Give it a try. Itemize all property in your car that was lost or damaged and present it to his insurance company. The worst they’ll do is deny it. Remember, you have the duty to prove your claim.
Confusion, headache, irritability–symptoms of post concussive syndrome. See a doctor if it doesn’t clear up after a couple more days. Keep in mind, your head felt tender–you may have knocked it on something. Even if you didn’t, a good car crash can cause PCS. You sure it wasn’t caused by the Faygo bottle to the head? Anyway, this is a potentially serious injury. Tell your doctor about it ASAP so you can document it. Replace your camera and photograph your bruises. Keep a daily diary of what hurts and how bad (scale of 1-10 is common). Keep track of miles you have to drive to medical appointments. Keep track of all the time you have to spend away from work because of this. Keep track of all out of pocket expenses.
The running passenger is a small fish and is largely irrelevant to your purposes. As a witness he’s not really any good for anybody because of his actions–his credibility is compromised. Your passenger, however, stuck around.
Not necessarily a good thing. If the insurance company finds a way to get off the case, then it’s down to you getting money directly from the other driver.
You’ve got this one solved already, but the deal about his insurer doing nothing without first talking to him: that’s common and fair. An insurance company is just a checkbook. They only pay what their customer would be legally responsible for. To determine that, they have a duty to investigate all claims presented to them and pay them based on their merits. If they only hear your side of the story, who’s to say you’re not making all or some of it up? It happens. Getting police reports to insurance companies is not high on the cops’ priority list. If you don’t get a copy and forward that on to the insurance folks, they’ll end up having to wait a few weeks for it. Besides, people get arrested from accident scenes all the time for stuff that isn’t related to the accident. Different companies handle these things differently depending on how much they rely on public opinion for their business. If this dude’s driving on an SR-22, he’s probably not insured by one who cares about that.
**Inigo’s opinion: **
****Lawyers **are not necessary for probably 75% of the cases they end up representing. They often encourage their clients to over-treat for their injuries, which can end up harming their clients if the insurance company presents a strong argument that all treatment was not reasonable & necessary; and they take a significant chunk of the settlement which frequently nets the customer less money than they would have gotten otherwise. I do NOT pay more on a claim simply because someone gets an attorney. The guys on TV who say they’ll get you more? They’re overstating their results.
**Be VERY wary of treating with chiropractic if you don’t have a spinal misalignment. And even then, be careful. Muscle spasm & soft-tissue injuries will cause loss of cervical curvature that can MIMIC a problem with your bony spine. Chiros almost never start treatment with an MRI, and rely instead on x-rays. X-rays show bones—when bones don’t line up right they can say, “Aha! You’re misaligned!” MRI shows discs which, when damaged, can cause misalignment. Chiro work on a spine with a damaged disc can worsen the condition. And get this: Most cases I see where no treatment was involved at all? Pain & stiffness clears up in about 4-8 weeks. With Chiro treatment? 4-8 weeks. Have a good talk with your regular doctor about chiropractic before doing it. Just my opinion, mind you. I’m not a doctor and I don’t know what’s wrong with you.
Wait, you went to an ICP concert. Maybe I DO know what’s wrong with you. 