So I was taking my GF to work in my 6 mo. old scion tc yesterday. Came to a 4 way stop, turned, and started accelerating when this car came out of a car wash exit at about 20-25 mph and hit me. Didn't have a chance to avoid it.
You can see here and here how the accident happened, and pictures of the two cars here that show the damage.
Shortly after the accident both my GF and me started to have severe back and neck pain. We went to the hospital for about 5 hours and came home with pain medication and muscle relaxers, and told to take a few days off work.
Now it's my understanding that my medical bills, the prescription copays, lost wages, and my car deductible will be covered by his insurance. But I'm being told my rental car is not covered by my insurance (didn't have the extra coverage) or his. And my insurance is telling me also that he's not responsible for that even if I took him to small claims court.
In addition to my rental car being covered, I would like a reasonable amount for both my girlfriend and I for pain and suffering. It's not a major case so it's not worth taking on an attorney yet (I don't think), but I would like a reasonable amount. Anyone have advice on how to proceed with this and why his insurance would not cover my rental car?
update: also on page 19, standard view
I was indeed wearing a seatbelt. As another poster theorized I may have hit the b-pillar, I'm not exactly sure.
Found out today that my rental WILL NOT be covered, in any circumstance, by his insurance. It's possible that I can file a mini-tort claim (up to $500), but I don't know for certain if car rentals can be claimed on mini-tort claims, apparently it's usually used for deductibles or to fix your vehicle if the other driver is at fault and you do not have comprehensive (since michigan is a no-fault state). My other option is small claims court, but I don't know at this point if he would be responsible for this or not. My rental car was 106 bucks, as I found a body shop that is willing to give me a rental after the parts come in on thursday.
I find out tommorow (tuesday) what the estimate was, and am slated to get the police report at well tommorow morning. I might just give the guy a call and ask him to cut me a check for the cost of the rental and see what he says, that seems the most reasonable and certainly the easiest way of recouping my money. Hopefully he will do the right things.
Found out today that any medical claims arising from the injuries are supposedly covered for life, as long as my primary doctor that refers me to the needed specialist does so with a note that the injuries arose from the accident. Doctor told me to take off at least through thursday, with a scrip for 40 vicodin in the meantime. I'm supposed to follow up at that time with how I feel. Neck pain has mostly gone away, back pain is still very much present. Normal activity is very possible while on the muscle relaxers, vicoden and 800mg ibuprofen (I feel 80% normal) but they don't advise you to do much in the way of driving, etc. while on narcotics so I really can't go back to work on them.
update 2 , 2/17
Three weeks later I'm still in pretty bad shape. My whole back hurts and I've been prescibed more narcotics to take the edge off. I've missed 8 days of work so far. I'm going in this morning to have a 2nd xray as well as an MRI of my back because my doctors suspect I have a herniated disc from the accident. I've been going to physical therapy and will likely require another 6 weeks of therapy at 2-3x/week at the least.
Picked my car up yesterday. Haven't had time to go over it with a fine tooth comb but it looks pretty good. Final repair was $6200, and my rental car during the period it was out has cost me $350. I made the old man a private offer last week to settle with me @ $250 or I'd take him to court. He's got a week left to pay me.
You can see here and here how the accident happened, and pictures of the two cars here that show the damage.
Shortly after the accident both my GF and me started to have severe back and neck pain. We went to the hospital for about 5 hours and came home with pain medication and muscle relaxers, and told to take a few days off work.
Now it's my understanding that my medical bills, the prescription copays, lost wages, and my car deductible will be covered by his insurance. But I'm being told my rental car is not covered by my insurance (didn't have the extra coverage) or his. And my insurance is telling me also that he's not responsible for that even if I took him to small claims court.
In addition to my rental car being covered, I would like a reasonable amount for both my girlfriend and I for pain and suffering. It's not a major case so it's not worth taking on an attorney yet (I don't think), but I would like a reasonable amount. Anyone have advice on how to proceed with this and why his insurance would not cover my rental car?
update: also on page 19, standard view
I was indeed wearing a seatbelt. As another poster theorized I may have hit the b-pillar, I'm not exactly sure.
Found out today that my rental WILL NOT be covered, in any circumstance, by his insurance. It's possible that I can file a mini-tort claim (up to $500), but I don't know for certain if car rentals can be claimed on mini-tort claims, apparently it's usually used for deductibles or to fix your vehicle if the other driver is at fault and you do not have comprehensive (since michigan is a no-fault state). My other option is small claims court, but I don't know at this point if he would be responsible for this or not. My rental car was 106 bucks, as I found a body shop that is willing to give me a rental after the parts come in on thursday.
I find out tommorow (tuesday) what the estimate was, and am slated to get the police report at well tommorow morning. I might just give the guy a call and ask him to cut me a check for the cost of the rental and see what he says, that seems the most reasonable and certainly the easiest way of recouping my money. Hopefully he will do the right things.
Found out today that any medical claims arising from the injuries are supposedly covered for life, as long as my primary doctor that refers me to the needed specialist does so with a note that the injuries arose from the accident. Doctor told me to take off at least through thursday, with a scrip for 40 vicodin in the meantime. I'm supposed to follow up at that time with how I feel. Neck pain has mostly gone away, back pain is still very much present. Normal activity is very possible while on the muscle relaxers, vicoden and 800mg ibuprofen (I feel 80% normal) but they don't advise you to do much in the way of driving, etc. while on narcotics so I really can't go back to work on them.
update 2 , 2/17
Three weeks later I'm still in pretty bad shape. My whole back hurts and I've been prescibed more narcotics to take the edge off. I've missed 8 days of work so far. I'm going in this morning to have a 2nd xray as well as an MRI of my back because my doctors suspect I have a herniated disc from the accident. I've been going to physical therapy and will likely require another 6 weeks of therapy at 2-3x/week at the least.
Picked my car up yesterday. Haven't had time to go over it with a fine tooth comb but it looks pretty good. Final repair was $6200, and my rental car during the period it was out has cost me $350. I made the old man a private offer last week to settle with me @ $250 or I'd take him to court. He's got a week left to pay me.
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