85 year old man crashed into my new car yesterday (pics)

[Don Vito Corleone]

***This is not intended as legal advice, and does not establish an attorney-client relationship***

I suggest you may want to contact a plaintiff's personal-injury attorney. They will always provide a free consultation, and will not push hard to take the case if (as is probably true here), they don't think it's worth your hiring an attorney. I'd suggest it would be a bad idea to accept any settlement prior to talking to an attorney and being thoroughly examined by an orthopedist. Spinal injuries can have lifetime effects that are beguiling and hard to predict. You and your GF are entitled to actual damages, including pain and suffering, and it's in your best interest not to sign a settlement agreement until you know a full tally of your expenses, which may take time.

 

[Triumph]

Originally posted by: DonVito

Originally posted by: jumpr
What is this pain and suffering bullshit? You got hurt, his insurance will pay for your medical expenses. I don't think a car accident qualifies as any sort of undue psychological stress for you, much less for your girlfriend, who was a freaking PASSENGER. MAYBE if it was a severe injury accident or a fatal crash you'd qualify for punitive damages/pain and suffering, but I think any reasonable judge would laugh in your face, as I'm doing right now.

EDIT: I'm looking at a law textbook now which states that punitive/compensatory damages (which is essentially the 'pain and suffering' euphamism we all hear) is reserved for cases where the defendant is shown to have acted in malice or intentional wrongdoing. You clearly don't qualify for this.

Ahem - practicing law without a license is a crime in some states, and that's what you're doing.

AHAHAHA, Are you serious? Did you just say that? Talking about the law, reading law books, and posting about it on the internet is "practicing law?" AHAHAHAHA!

I never knew knowledge could be illegal in some states.

 

[meltdown75]

Originally posted by: meltdown75
Sorry you got in an addicent man, that blows.

This pic makes me the saddest of all though: Text

I know, I know... bleeding hearts unite. Good luck with this situation, I hope it doesn't drag on too long.

HEY! You removed the pic of the old man!! LOL... classic. I was just going to show my wife and it was miraculously gone.

I see you left all the other pics up though!

 

[brigden]

Originally posted by: PlatinumGold

Originally posted by: Lucky

Originally posted by: Philippine Mango

Originally posted by: FlyLice
You won't get shvt for pain and suffering unless you lost an arm or leg.

Mom did, when she got whiplash from a car accident in 1997 she was compensated though I don't know how much she was but it was apparently sufficient.

Exactly. I know it's pretty common to be able to be compensated, I just don't know if an attorney is neccesary or I can just do it alone.

If you are just going to thread crap, stay the fvsk out of the thread.

you asked for advice. you posted it publicly. :roll:

apparently what you wanted was sympathy and a rah rah session. :roll:

you = moron.

PlatinumGold has hit the nail on the head here, folks.

 

[Don Vito Corleone]

Originally posted by: Triumph

Originally posted by: DonVito

Ahem - practicing law without a license is a crime in some states, and that's what you're doing.

AHAHAHA, Are you serious? Did you just say that? Talking about the law, reading law books, and posting about it on the internet is "practicing law?" AHAHAHAHA!

I never knew knowledge could be illegal in some states.

What he provided was not "knowledge" - it was totally inaccurate and incorrect legal advice. Here's what he posted:

MAYBE if it was a severe injury accident or a fatal crash you'd qualify for punitive damages/pain and suffering, but I think any reasonable judge would laugh in your face, as I'm doing right now.

EDIT: I'm looking at a law textbook now which states that punitive/compensatory damages (which is essentially the 'pain and suffering' euphamism we all hear) is reserved for cases where the defendant is shown to have acted in malice or intentional wrongdoing. You clearly don't qualify for this.

This is akin to a layperson coming here and telling someone who complains of chest pains, "don't worry about it - according to my Tums wrapper, this is just heartburn, and I'm sure you'll be fine."

I note jumpr lives in Michigan - here is the relevant Michigan law on the subject; jumpr is (at least arguably) "practic[ing] law within the purview of this statute:

600.916 Unauthorized practice of law.

Sec. 916.

(1) A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state. A person who violates this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.

 

[Don Vito Corleone]

Originally posted by: brigden

Originally posted by: PlatinumGold

Originally posted by: Lucky

Originally posted by: Philippine Mango

Originally posted by: FlyLice
You won't get shvt for pain and suffering unless you lost an arm or leg.

Mom did, when she got whiplash from a car accident in 1997 she was compensated though I don't know how much she was but it was apparently sufficient.

Exactly. I know it's pretty common to be able to be compensated, I just don't know if an attorney is neccesary or I can just do it alone.

If you are just going to thread crap, stay the fvsk out of the thread.

you asked for advice. you posted it publicly. :roll:

apparently what you wanted was sympathy and a rah rah session. :roll:

you = moron.

PlatinumGold has hit the nail on the head here, folks.

I wouldn't say that at all. Whether or not you agree with Lucky posting this in the first place, the overwhelming majority of the posters here (including FlyLice, who he was complaining about) are completely ignorant of the law, and wrong in this case. I think some people just enjoy telling others off. Believe it or not, however, the nihilist is not always right.

 

[JulesMaximus]

Great. Some near dead slams his POS Chevy Lumina into your car? That sucks. Oh well, at least there will be one less Lumina on the road...god those cars are the epitome of ugly crappy american cars.

 

[brigden]

Originally posted by: DonVito

Originally posted by: Triumph

Originally posted by: DonVito

Ahem - practicing law without a license is a crime in some states, and that's what you're doing.

AHAHAHA, Are you serious? Did you just say that? Talking about the law, reading law books, and posting about it on the internet is "practicing law?" AHAHAHAHA!

I never knew knowledge could be illegal in some states.

What he provided was not "knowledge" - it was totally inaccurate and incorrect legal advice. Here's what he posted:

MAYBE if it was a severe injury accident or a fatal crash you'd qualify for punitive damages/pain and suffering, but I think any reasonable judge would laugh in your face, as I'm doing right now.

EDIT: I'm looking at a law textbook now which states that punitive/compensatory damages (which is essentially the 'pain and suffering' euphamism we all hear) is reserved for cases where the defendant is shown to have acted in malice or intentional wrongdoing. You clearly don't qualify for this.

This is akin to a layperson coming here and telling someone who complains of chest pains, "don't worry about it - according to my Tums wrapper, this is just heartburn, and I'm sure you'll be fine."

I note jumpr lives in Michigan - here is the relevant Michigan law on the subject; jumpr is (at least arguably) "practic[ing] law within the purview of this statute:

600.916 Unauthorized practice of law.

Sec. 916.

(1) A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state. A person who violates this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.

AHAHAHAHAHAHAHA!!!! Jumpr did not practice law, you dolt.

 

[Triumph]

Originally posted by: DonVito

Originally posted by: Triumph

Originally posted by: DonVito

Ahem - practicing law without a license is a crime in some states, and that's what you're doing.

AHAHAHA, Are you serious? Did you just say that? Talking about the law, reading law books, and posting about it on the internet is "practicing law?" AHAHAHAHA!

I never knew knowledge could be illegal in some states.

What he provided was not "knowledge" - it was totally inaccurate and incorrect legal advice. Here's what he posted:

MAYBE if it was a severe injury accident or a fatal crash you'd qualify for punitive damages/pain and suffering, but I think any reasonable judge would laugh in your face, as I'm doing right now.

EDIT: I'm looking at a law textbook now which states that punitive/compensatory damages (which is essentially the 'pain and suffering' euphamism we all hear) is reserved for cases where the defendant is shown to have acted in malice or intentional wrongdoing. You clearly don't qualify for this.

This is akin to a layperson coming here and telling someone who complains of chest pains, "don't worry about it - according to my Tums wrapper, this is just heartburn, and I'm sure you'll be fine."

I note jumpr lives in Michigan - here is the relevant Michigan law on the subject; jumpr is (at least arguably) "practic[ing] law within the purview of this statute:

600.916 Unauthorized practice of law.

Sec. 916.

(1) A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state. A person who violates this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.

You must be a lawyer Don, because only a lawyer would twist words in such a way as to argue that the act of reading a law book and talk about it constitutes "practicing law." :roll:

 

[homestarmy]

Originally posted by: bigj3347
It seems like he has full responsibility for the accident, then again, he's 80 years old. I'm sure you can take him to court but that would be mean. Since there isn't any serious injury and you'll be compensated for your expenses, might as well just drop it and give the guy a break.

I think the stupid fu(k should get the death penalty. He shouldn't have been driving.

 

[Don Vito Corleone]

Originally posted by: brigden

AHAHAHAHAHAHAHA!!!! Jumpr did not practice law, you dolt.

Has it ever occurred to you that providing legal advice is exactly what the practice of law consists of? I take it you're not an attorney. Suffice it to say that jumpr authoritatively provided a lot of COMPLETELY inaccurate and misleading advice, presumably without a license. Even if he didn't illegally practice law (which I tend to think he did), he definitely provided quite a bit of useless, wrong legal advice - this is exactly what the law against practicing without a license is meant to prevent.

I don't know why anyone would be so defensive of jumpr's right to wade into an area about which he apparently knows nothing, and provide a lot of useless advice, but to each his own.

 

[MercenaryForHire]

Originally posted by: DonVito
wah wah Unauthorized practice of law bitch moan Section 906.Knobslobbery cry complain howl

Looking at your sig, I don't think your sorry ass has any business calling someone a "crybaby."

- M4H

 

[Don Vito Corleone]

Originally posted by: Triumph

You must be a lawyer Don, because only a lawyer would twist words in such a way as to argue that the act of reading a law book and talk about it constitutes "practicing law." :roll:

I am indeed a lawyer, and what jumpr did was to provide legal advice - this is largely what the practice of law consists of.

As I just said to brigden, I don't know why you guys are being so defensive of jumpr's "right" to provide faulty advice.

 

[Don Vito Corleone]

Originally posted by: MercenaryForHire

Originally posted by: DonVito
wah wah Unauthorized practice of law bitch moan Section 906.Knobslobbery cry complain howl

Looking at your sig, I don't think your sorry ass has any business calling someone a "crybaby."

- M4H

What the hell are you talking about? I'm trying to be helpful, by correcting jumpr's completely faulty legal advice. You guys are piling on me for being the only person in this lengthy thread with a clue and a law license. Whatever . . .

 

[SithSolo1]

I'm not gonna argue the fact that your neck and back are hurting because more than likely they are. I'm not gonna state my opinion on whether or not you should receive compensation for said pain. What I am gonna do is ask a question and state an opinion about the wreck its self.

Originally posted by: Lucky

Originally posted by: jumpr

Hit your head on a steering wheel and then talk to me.

HOW did you manage to hit your head on the steering wheel?

Originally posted by: Lucky

Originally posted by: TheLonelyPhoenix

Not wearing your belt, eh?

We both were.

See above question.

What he means is that when you are hit from the side, your head would go from left to right or right to left, not back to front (as in a head on collision).

Look at the pictures. I was hit diagonally. Almost as much straight on.

BS. They way you were hit is about as close to head on as being T-boned is close to a rear ending.

Your own picture shows two things. A) The air bag was not deployed most likely indicating a lack of head on impactation(I hereby coin the word impactation). B) SHOWS that this was in no way "almost as much as straight on." Sorry, just had to get this off. I hate people who try to twist a story to their favor especially when the need to do so is lacking. Though in retrospect I do this often so I guess I'm being really hypocritical.

 

[homestarmy]

Originally posted by: episodic
My wife fell off of a two foot ladder and still has pain from 3 years ago, you can't tell me a car impact would not screw you up permanently if hit just right. It may not be nuff to show up on a dadgum xray machine, but you know you are never 'whole' again. Some ppl get lucky and completly recover, others have to live with their permanent new ailment that the doctors won't even acknowledge cause they can't see it with some x-ray.

An 85 year old probably has the reaction time of a 20 year old with a 6 pack in him. He is 'old enough' to know better than to drive if he is slower. Imagine if he done that on the freeway at 70 mph with a bus full of kids.

I agree. I got in an accident where my car flipped end over end. I braced with my arms against the steering wheel (good thing I had some strength), and the muscles were torn all to hell. I couldn't well... I remember I couldn't cut a lobster a few days later (I went to work a couple of days later).

But still even typing now my forearms ache. My girlfriend thinks I use it as an excuse when she always wants massages.

 

[meltdown75]

Originally posted by: DonVito

Originally posted by: MercenaryForHire

Originally posted by: DonVito
wah wah Unauthorized practice of law bitch moan Section 906.Knobslobbery cry complain howl

Looking at your sig, I don't think your sorry ass has any business calling someone a "crybaby."

- M4H

What the hell are you talking about? I'm trying to be helpful, by correcting jumpr's completely faulty legal advice. You guys are piling on me for being the only person in this lengthy thread with a clue and a law license. Whatever . . .

I have a clue.

 

[Lucky]

HOW did you manage to hit your head on the steering wheel?

I'm not sure. Don't remember whether it happened at the initial hit or from the secondary hit of the snowbank. I just remember immediately having a headache and having a mark on my forehead. The medics at the scene thought I might have had a concussion.

BS. They way you were hit is about as close to head on as being T-boned is close to a rear ending.

Your on picture shows two things. A) The air bag was not deployed most likely indicating a lack of head on impactation(I hereby coin the word impactation). B) SHOWS that this was in no way "almost as much as straight on." Sorry, just had to get this off. I hate people who try to twist a story to their favor especially when the need to do so is lacking. Though in retrospect I do this often so I guess I'm being really hypocritical.

That picture shows how my car ended up after it was turned 90 degrees by the hit from his car. I didn't say it was head on, just that the hit was basically on the front corner of the car, diagonally. From there the car was pushed into the packed snowback almost straight on. I'm not really trying to twist anything, and I don't understand why I could need to do so for any reason at all. Do I have something to gain by lying about this???

 

[Triumph]

Originally posted by: DonVito

Originally posted by: Triumph

You must be a lawyer Don, because only a lawyer would twist words in such a way as to argue that the act of reading a law book and talk about it constitutes "practicing law." :roll:

I am indeed a lawyer, and what jumpr did was to provide legal advice - this is largely what the practice of law consists of.

As I just said to brigden, I don't know why you guys are being so defensive of jumpr's "right" to provide faulty advice.

Only a lawyer could come up with a law that essentially says "You do not talk about Fight Club."

I'm going to lobby my state's legislature to make a law that makes it illegal for anyone to read about, discuss, or otherwise engage in the practice of auto mechanics, without being properly ASE accredited. After all, it could be harmful to give out incorrect automotive advice.

 

[SithSolo1]

Originally posted by: homestarmy

I agree. I got in an accident where my car flipped end over end. I braced with my arms against the steering wheel (good thing I had some strength), and the muscles were torn all to hell. I couldn't well... I remember I couldn't cut a lobster a few days later (I went to work a couple of days later).

But still even typing now my forearms ache. My girlfriend thinks I use it as an excuse when she always wants massages.

So, did your gf cut the lobster for you?

 

[Vic]

Your head could not have hit the steering wheel, Lucky, if you had been wearing your belt.

 

[TekDemon]

Originally posted by: Lucky
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.

Call up his insurance co and tell them that you'll sue them for it if they don't pay for your rental car...the other side's insurance co. usually just tries to be as cheap as possible but if you push them they'll pay up.

And umm...I really have to question your severe back and neck pain stuff...if you're making this stuff up just for lawsuit reasons, well, don't. That's not cool at all, and you would really hate for Karma to come get you. I've been in one worse accident and one less severe one than yours, and although I did have a minor injury in the more severe one I didn't make a big deal out of it.

Don't make a big deal out of the little things unless you absolutely have to. It's on record that you had back pain, so that's good. If it ever actually turns out to be a severe debilitating thing, you'll be able to point to the car accident and ask their insurance co. to pay up or sue him. But I HIGHLY doubt that such a low speed impact will have any permanent effects, and sueing for all that nonsense for pain and suffering is really ridiculous.

You really do NOT want to end up on the other side of this one day. What if you tap someone at like 5mph one day, and that person starts making up all kinds of crazyness.

 

[TekDemon]

Originally posted by: otispunkmeyer
what car is that? first i thought it was a toyota avensis but round the front it looks totally diff, is it a toyota? or a subaru?

It *is* the toyota avenisis in coupe form re-trimmed for the US market.
Scion=Cheap American Toyota Division
tC=Cheap American Avenesis Coupe
=)

By the way, our tC costs about half as much as the Avenesis and comes with the most upgraded engine option available on the Avenesis. Teeheehee =)

(I spent the summer in London then took a trip around Europe and took a good look at car prices everywhere)

 

[Lucky]

Originally posted by: Vic
Your head could not have hit the steering wheel, Lucky, if you had been wearing your belt.

Thank you very much miss cleo. :roll:

 

[Hammer]

i think you should sue him for cost of the rental car. you shouldn't have to pay for anything out of pocket. i don't know about the pain and suffering stuff though. i don't have a whole lot of sympathy for the old man because at 85 he should not be driving. at 85, pretty much anyone is a menace behind the wheel. rather than seek money for pain and suffering, how about you do the rest of us a favor and seek a judgment against him preventing him from driving ever again.