The kid and I were rear-ended... now what?

Heading back from my folks’ place this afternoon on South Congress because the interstate had killer traffic from a fire earlier in the day. I’m going through an intersection with the green light… and BOOM!

I got rearended by a Yukon. First instinct was to check out my son - he’s exactly in the car seat, perfectly alert. Little shocked but looked fine. I’m shocked as hell, obviously, and manage to pull over, put the flashers on, and call 311. They’re great and get my info and dispatch a police officer.

Now, which of these white SUVs hit me? There’s one about 50 feet in front, guy hops out and asks if I’m okay. I say yes and “hey, did you just hit me?” It wasn’t him. Luckily there’s about ten people at a bus stop pointing at another white SUV in the parking lot across the street. That’s who hit me.

Back of my bumper is futzed up. Basically the hatch has been bashed in, can’t open it. Strangely enough all of the lights work. No broken glass. The rear right door opens, but can’t close completely. But the bumper did its job and absorbed most of the impact, it seems.

I figured SUV hit me at about 40 mph and I was probably going about 30 or so.

The driver is still in the car. She doesn’t speak English. Younger girl in passenger seat hops out and tells me they don’t have the insurance papers in the car, but they’re covered… starting tomorrow. So could I just say the accident happened tomorrow? I inform her that the cops are on their way out, so that won’t work. She insists that they won’t do anything, and the insurance companies will work together, and could I help them out by just saying it happened Monday and not Sunday?

I say sorry, but I’m concerned about my son and my car, and I’m not really interested in “helping her out.” She claims her brother has the insurance paperwork and the policy number. I say prove it. She calls him to bring it to the scene.

Cops come out. Very polite. They help me get the car out of the road, and into a parking lot. I ask about the other driver’s request. They say that if they’re not covered, it’s a civil case and I can sue. That sounds like a really bad deal.

Brother turns up as police are getting the info. It turns out the car is actually covered. I have a “brown form” which has the driver’s info, insurance, and so forth. Turns out the driver is unlicensed. She gets cited for not having a license and for following too closely. The girl claims that the car in front of me was braking. I say, I don’t remember, but even if that’s true, I didn’t have to apply my brakes very hard and guess what? I didn’t hit the car in front of me!

Call the rents and my wife to get the kid back home. Call the insurance peeps and get a case number. Car gets towed to the house. I feel a little stiffness and freak out and decide to take the kid and I to the ER. We get checked out and the docs say we look fine, here’s some Vicodin and Flexall if you need it. Get back home and put the kid in the crib - out like a light.

So… did I do this right? What kind of scam was the other driver trying to pull? (She could have just been incorrect about the coverage, too.) What else should I be doing? (Besides thanking God for letting us get out of the wreck with no scratches.)

It sounds like you did it right. That’s a high-enough speed impact that your son’s car seat should be replaced - the other guy’s insurance should cover it.

The scam the other driver was trying to pull was trying to cover up driving without a license.

Cops took everyone’s info, you reported it to your insurance, that’s all you need to do. If they really don’t have any insurance, yours should cover you if you have whichever one covers being hit by an uninsured motorist.
If there’s any scam at all it’s that they are actually covered but if you say the accident was tomorrow they’ll have some alibi, they’d make sure they were busy or out of town all day (and be able to prove it). Then when you tell them the real story, you’ll be SOL. So…don’t lie about ANYTHING, in fact, when their insurance company calls you, you may even want to tell them about this.

actually, AFAIK, their insurance company shouldn’t be talking to you, they should be talking to your insurance company.

I don’t know how it works where you are, but here if the driver is unlicensed the insurance on the car is invalid.

Hand it all over to your insurance company and let them deal with these people. Definitely not something you want to get in the middle of if you don’t have to.

This is exactly why you have insurance. They do all the heavy lifting from here on in.

One bit of advice: IF the other guy’s insurance is good, in the next couple of days their insurance will call you and/or mail you a check in an effort to settle for a lowball value. Tell them to stuff it and call your adjuster, you’re not talking or corresponding.

You did right. Calling the cops and not letting the people who hit you talk you into handling it yourselves was the #1 right thing to do. That police report is the biggie, the rest is for your insurance company to handle. That is what you pay them for.

So glad you and your son are OK!

Give you odds that the driver that hit you was on the phone when they did it.

Incidentally, this is when you find out if your insurance company sucks or not. If it turns out they do, don’t hesitate to change insurers. An accident that was not your fault shouldn’t hurt your chances of getting other insurance.

Just want to make sure this doesn’t get lost. Yes, absolutely, that car seat should be replaced today. It may not look damaged, but there may be micro-cracks or stresses in the plastic. That’s actually a good thing - like your bumper, the car seat should absorb forces so that the body inside it doesn’t have to. But it will also weaken the carseat, so you shouldn’t use it anymore.

When you dispose of it, cut the straps so the dumpster divers don’t rescue it for sale or donation.

Keep your receipt for the new one; I never thought about insurance paying for it, but it’s worth a try!

Glad that you and the kid are ok.

A number of years ago, my cousin was in a similar accident. Her car held 4 adults and the baby in the car seat. The baby was the only one uninjured. Their injuries were minor and no one suffered any permanent damage. All passengers were taken to the ER. They gave everyone the once over, and really checked the baby out closely. The doctor at the hospital said that the 5 point restraint on the baby seat is what kept him from being injured.

As a blanket statement this is absolute bullshit.

Settlement practices varies widely from company to company. Frequently there are statutes in place which actually PROHIBIT settlement offers within the first month of an accident if the injured party is treating for related injuries.

Also, your adjuster won’t be able to do anything for you if the injury settlement from the other company seems unfair. He has exactly zero ability to affect another company’s evaluation of your case.

If you think you need real help, consult with an attorney who understands insurance laws and practices in your state. And do NOT call the “tough guys” who advertise on late night TV, in my experience they’re just blustering douches who put on a good display but don’t get you ANY more than you would have gotten on your own.

I’ll stand by what I said. Progressive tried to do it to me when one of their insureds drove his pickup truck through my living room, nearly killing my wife and dog. Bastard wanted me to sign off for $500.

Wow, that’s nuts. What state do you live in?

And sorry for being abrasive. I’d just gotten off the phone with a blustering douche attorney and thought I’d do some dope to cool off.

June 2001, in Indiana.

ETA: by saying ‘call your adjuster’, I meant THEY should call your adjuster, not you.

Wow - thanks guys, this is why I joined the Dope. Good advice and concern is a rare combination, I tell you.

I am dealing with the other driver’s insurance company, Farmers, as my company Travelers is assuming they will take responsibility. So far so good. Waiting for the claims adjuster to call - I called her. I have no car and I need to get stuff done, that bites…

Farmer’s should provide you with a rental car until your car is repaired.

One more thing:

This advice may or may not still be applicable, but…

Find a ***good **body shop to repair your car. Don’t take your car to your insurance company’s ‘preferred shop’. The insurance company is going to try to get your car repaired for the lowest possible cost, and that generally means the lowest possible quality work. The insurance company has too pay for the repairs at the shop of your choice. They will probably try very hard to convince you it is in your best interest to take the car to a shop of their choice.

The couple of times I have had to take my car for repair after an accident, I’ve informed the insurance company where the car was, always to be told “That shop is not on our preferred list”. I always tell them “That’s where I’m having the repairs done,” and I know that I’m going to have a fully functional vehicle when it comes out of the shop.
Also, you should see if you can get a rental while your car is in the shop. Since you were not at fault in the accident, the other driver’s insurance should have to pay for it.

*This is the law in California…your mileage may vary

I was involved in a minor accident last year (got hit in the front side bumper) and my car had to go to the body shop for 2 weeks. The person who hit me had State Farm, and Enterprise (car rental place) directly billed State Farm for my rental car.