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

[Don Vito Corleone]

Originally posted by: Triumph
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.

A) I didn't make this law up, and I'm not here to defend it. It IS the law.

B) If someone completely without experience or qualifications to repair cars bought himself a socket set and a Chilton's manual, then "diagnosed" your car's knocking noise while missing the conspicuously worn, about-to-break ball joint, I doubt you'd appreciate it (and even in the absence of your ASE-certification law, he could be sued for negligence if you were killed or injured as a result). That's pretty much what happened here IMO.

BTW, having now read back through this thread, I must admit that Amused posted some sage advice. I appreciate TekDemon's common-sense approach, but I don't think people understand that once you settle this claim, you settle it permanently - there's no possibility of going back later and asking for more money.

FWIW, when I was in law school, I dislocated my shoulder due to a faulty MTB bottom bracket (I crashed at over 30 MPH). I felt lucky to be alive and elected not to sue. In hindsight I wish I had, because it's continued to be a debilitating injury in the intervening years. You just never know with some kinds of injuries, particularly spinal ones. I also, BTW, didn't sue when the front tubular tire rolled off a rented track bike a couple of years later, causing a crash into concrete at about 35 MPH, and weeks of VERY painful recovery.

 

[TekDemon]

Originally posted by: 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:

omg, you're one of those people who don't wear their seatbelt!? AARRGHH!!!

The moron who rear-ended me didn't have his seatbelt on, and ended up cutting his arm up trying to brace the accident we were in, and got popped in the face with his airbag. Of course since he was behind me, he could only blame his own idiot behind for his injuries. And to be honest, I think it was good that he was injured just a little, so he'll know to wear his f'ing seatbelt in the future.

And he's lucky he was in a full-size pickup that hit my civic or he'd have more than a stupid cut on his arm. If I hadn't been wearing MY seatbelt, my ass would probably have been in the hospital for a month with a broken leg, shattered knee, and who knows what else.

Anyways, if you *were* wearing your seatbelt then this doesn't apply to you. But if you weren't wearing your seatbelt, any possible sympathy for a new car owner losing their car just went out the window (my own car was 6 months old too).

 

[Vic]

Originally posted by: 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:

Hey, if you look closely, you will see that I offered you good advice in this thread (and no, I didn't "practice law" :roll: ). Very similar advice to what others posted afterwards that you thanked them for. You just don't like the blunt way I'm telling you, fine... but keep in mind that I wouldn't be so blunt (and would have actually been nice, etc) if you hadn't been such a little bitch since you started this thread. Sorry, you got in an accident, pal, but it's not our fault.

Regardless, what I posted is common knowledge amongst police and EMTs, not psychic garbage. If the driver's head hits the steering wheel in an accident, then they weren't wearing their seatbelt. Cops issue no seatbelts tickets for that on the spot. In fact, in my sister's extremely serious accident, she was forced to prove that her seatbelt failed (which it had). Lucky for you though, I doubt your head hit the steering wheel, because that usually involves nasty facial injuries (my sister spent a week in the hospital and 2 surgeries having part of her face reconstructed). Most likely your head hit the B pillar, which could have happened whether you had your belt on or not, and would be consistent with the angle of impact.

 

[Triumph]

Originally posted by: DonVito

Originally posted by: Triumph
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.

A) I didn't make this law up, and I'm not here to defend it. It IS the law.

And it doesn't apply to people who read law books and post what they think on an internet forum. :roll:

 

[SithSolo1]

My interpretation of the accident.

No I wasn't there but from looking at the pictures this is probably close to what happened. Picture is not to scale.

Like vic said, we've not saying your head didn't hit something, we're just saying it didn't hit the wheel. Yes this it's nit picking but they like to do that in court if this goes that far.

BTW- was the guy just chilling in the car the whole time?

 

[g8wayrebel]

Get a lawyer. Go after the state for allowing him to continue to drive in a diminished capacity.You will be doing everyone a favor if you win. Contact his insurance company and tell them you intend to sue if all your expenses aren't covered in full including a rental car. With a back or neck injury, do not sign a release of liability for the insurance company no matter what they offer in case you have chronic problems. Don't consider the age or condition of the guilty driver, that is exactly what his insurance company would have you do. It is the insurance companies responsibility from all perspectives. In all points, don't be greedy. You are entitled to have "no loss" in this situation, but not to hit the lottery. If you are compensated for medical expenses, rental car, lost wages , and any other actual expenses then you have nothing coming. If you ask for as much as a penny more, you are wrong!

 

[mcvickj]

Originally posted by: IndieSnob

Originally posted by: Lucky
"The crux of my argument is this: you're not suffering undue harm from this accident other than what you'll be compensated for. Why sue for pain and suffering that isn't there? Your pain is covered. Your suffering is nonexistent. "


No, my medical treatments are covered. The pain (and certainly suffering as well) has NOT been covered.

Good lord, you don't even know if there's any sort of permanent physical damage or not (which there probably isn't) and you're ready to call an ambulance chaser. Simple fact is you have VERY light injuries that will go away in a week or two. To say that you are suffering is alot of absolute bullcrap. If you can't handle the stress of a fender bender, then stop driving. The simple fact is some people drive like idiots, no matter the age, but at the speeds you were hit at, there's nil probability you're suffering. If everyone sued for minor backpain and whiplash, you'd be paying a grand a month for insurance. Be a man, get over the pain, and quit acting like a little girl.

:thumbsup: I was in a rear end accident about two months ago. Surprisingly enough there was no damage to either veichle. I had some pain in my back and chest for about 1.5 weeks. I took some Tylenol the next day and went to work. Suck it up.

 

[ajayjuneja]

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's a Scion Tc which IS a rebranded Toyota Avensis 2-door. Good eyes

 

[brigden]

Originally posted by: DonVito

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.

I guess I'd better avoid offering any advice to friends/family about what to take for a cold for fear of being sued for malpractice!

 

[dgevert]

Originally posted by: zoiks
Should've bought a Chevy.

Oh, I totally agree. You can't get into accidents when you can't even get your car running!

 

[Mday]

You can sue him for rental car fees as well as LOST wages due to taking time off. He's 85 and driving what appears to be a decent car. This means he can afford the few grand it will cost.

 

[Don Vito Corleone]

Originally posted by: Mday
You can sue him for rental car fees as well as LOST wages due to taking time off. He's 85 and driving what appears to be a decent car. This means he can afford the few grand it will cost.

It won't cost the old man directly - that's what insurance is for.

 

[Muadib]

Originally posted by: 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:

I guess the truth hurts, huh Lucky? Were either you or your gf wearing a seat beat? I'm betting if you were, you wouldn't be looking to sue some old geezer. Having said that though, I think you would be a damn fool if you didn't see a lawyer. The old guy was clearly at fault, and you could be in titled to thousands because of it. Those of you telling him not to sue are just stupid. You were wronged, and should be in titled to compensation. Just be sure to thank your god that you live in America.

 

[Britboy]

Our car got totalled by some negligent driver rear ending it (wife driving), she was it at high speed while sitting at a red light.

I havent read all the other posts but did want to give you some info on my experience in case it might help you out.

She went to the emergency room for back and neck pain and had to have physio twice a week for almost 4 months, she was in pain almost every day.

You should be able to get a rental car. I rented one for my wife right after the accident happened as she needed it to get about, our own insurance company gave us a check for the cost and then persued the other ins co for the money.

The insurance companies will mess you about, especially the ins co of the at-fault driver, they want to get out of the situation with as little cost as possible, they couldnt care less if you're hurt. They deal with it every day and you're just another number with a potential dollar loss to them.

It's a pain to chase them both up and get everything sorted out, but I believe worth it to not lett them screw you over.

We hired an attorney and should be getting our settlement soon. Where I live you get 1 to 1.5X the amount of the total medical bills, very fair for all parties in my opinion. The insurance company would have given us 0. That can go way higher if you live in an area where jury awards are big, as that is what the attorney bases it off when negotiating an amount with their adjuster.

I'll tell you one thing, the at fault insurance company started to be a lot more responsive to me when we informed them we were getting an attorney, until then they wouldnt call me back without repeated requests, and even then gave us the run-around.

Its up to you if you decide to persue personal injury but look at it this way, if you dont and you start to suffer from back pains weeks or months later, which is entirely possible, it will be a lot harder to 1. get the insurance to pay for it, and 2. treat the injury properly.

Besides, my wife had a lot of pain and inconvenience to deal with as well as me sorting all the paperwork out, buying a new car (and getting less than the old car was worth to us). Plus the girl that hit us had absolutely no remorse and didnt even apologise.

So to those of you that say you shouldnt get a lawyer, go through the experience yourself and then make judgement, otherwise STFU.

 

[psiu]

Where is that, Flint?

That by the Sears in the mall?

 

[Lucky]

Hey, if you look closely, you will see that I offered you good advice in this thread (and no, I didn't "practice law" :roll: ). Very similar advice to what others posted afterwards that you thanked them for. You just don't like the blunt way I'm telling you, fine... but keep in mind that I wouldn't be so blunt (and would have actually been nice, etc) if you hadn't been such a little bitch since you started this thread. Sorry, you got in an accident, pal, but it's not our fault.

I'm a "little bitch" huh? Bite me, dick. I never said it was anyone's fault but the old man's. And hell yes I'm gonna be defensive when I've got dozens of pricks (including you) telling me that it's impossible for me to be in so much pain when the old man drove away fine. Why do drunks crash into minivans full of kids that all die yet the drunk walks away unscathed? I don't know, and I don't care why the old man isn't hurt whether he hit me at 20 mph or 200 mph, it doesn't change my situation right now.

Regardless, what I posted is common knowledge amongst police and EMTs, not psychic garbage. ...Most likely your head hit the B pillar, which could have happened whether you had your belt on or not, and would be consistent with the angle of impact.

OK, so maybe that's what happened, I don't know. I know both of us were wearing our seltbelts, as we always do. I know my head hit something, and I assumed it was the steering wheel. If that was physically impossible according to you, then so be it. My head hit the B pillar. Doesn't affect how much my head hurt following the crash.

 

[Lucky]

Originally posted by: SithSolo1
My interpretation of the accident.

No I wasn't there but from looking at the pictures this is probably close to what happened. Picture is not to scale.

Like vic said, we've not saying your head didn't hit something, we're just saying it didn't hit the wheel. Yes this it's nit picking but they like to do that in court if this goes that far.

BTW- was the guy just chilling in the car the whole time?

Yes, that's exactly what happened.

Yes, the guy sat in his car the entire time until the tow truck had to pull his car out of the snow bank. When he had to leave his car for that, I had to help him walk across the street at a snail's pace freezing ass in slippers and a light coat. He could barely stand up, said his "legs got stiff" sitting in the same place for so long. Obviously they were too stiff for him to tell which pedal he was pushing, the moron.

 

[bjc112]

Originally posted by: Lucky
Thanks for the rational response woods.

i wouldnt dare sue an old man, id forgive him, hes old and his reactions and control arent wat they were. yeah id want the insurance to cover repairs but i wouldnt seek further money by askin for compensation

I don't care whether he's old or not, he caused the accident and he should pay up for what he is responsible for. That includes my rental car and a reasonable amount for having to be in bed doped up on drugs for however long it takes to feel better.

Are you actaully stuck in bed? Can't leave? I'm sure you are sore and beat up. But it Just sounds like you are sue happy.

 

[yukichigai]

If I were you I'd blur out the license plate numbers in those photos there hoss.

 

[dali71]

Originally posted by: DonVito
***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.

This is good advice. Several years ago, my father was in an accident which was caused by a negligent driver. While his injuries seemed minor at the time, he had back pain that wouldn't go away. He went to the hospital weeks later and was X-rayed, at which point the doctor misdiagnosed him and basically told him that it was all in his head. When, on the advice of his lawyer, my father decided to take legal action, my mother got extremely upset (thinking that he was being greedy and trying to use the system to his advantage). She changed her tune and became very supportive when over the next several months he had some discs in his spinal cord disintegrate, necessitating a spinal fusion, and another several months later. My father is unable to work now (his job required him to drive most of the time, and it is now impossible for him to drive for any length of time without severe pain). It hurts me to see my father, who was always one of the (physically) strongest people I have known, unable to perform basic tasks such as moving furniture or mowing the lawn without assistance from my brother and I. He is now in the process of suing the driver's insurance company (it turns out that the guy had several other accidents where he was at fault) and the doctor for malpractice (serves the smug SOB right!).

So what I am trying to say is even a seemingly "minor" injury has the potential to evolve into a life changing catastrophe. Lucky, I wish you all the best in whatever course of action you decide to take, but make certain that you protect yourself.

 

[BespinReactorShaft]

Originally posted by: Quasmo
I got sued for $10,000 for rear-ending a lady.

That's a helluva expensive buttfark.

:Q

 

[tin10]

Originally posted by: Lucky
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?

I think ur an asshole for trying to sue an 85 yr old man, who had no control of ICE and BRAKES! I was sued once, for nearly freakin $27k, and guess what, he got it, at least that was the settlement. I rear ended a farm trailer, at 55mph, because he didnt have any trailer lights hooked up, in which me and another person saw him HOOK THEM UP after the accident, however, the person who saw it with me I never spoke to again. It did NOTHING to his truck, trailer or even him. It did, on the other hand, send me to the hospital for a broker nose, bruised ribs, brusied kidneys, and cuts, lashes and abrasions. The man was fine, from what I could tell, they took him to the hospital to get him checked out, and while I was having work done there, he and his wife came in, made sure I was ok, said "I hope your ok and everything". The next thing I heard from them was a supponea saying I was being sued, of course, insurance paid for all of it, but guess whos insurance went up? Mine of course, the accident was my fault because of 2 things: 1. I couldnt prove he didnt have trailer lights hooked up thus number 2. Which in the state of Tx, rearing ending is automatically ur fault, wouldnt have been if I could have proved his lights werent hooked up. But guess who elses insurance went up, IM SURE HIS WILL, along with others who hold a state farm insurance card, because of people like this asshole, who got more money than he needed, in which my case, wasnt all that bad, I have seen people get 100'k's of money. Thus this is why I think your a complete asshole, but u know what, I am glad u are feeling better, im sure the little pain u have will cause u to be out of work for awhile, make it impossible to drive, and any other excuse u can think of to make urself look like the POOR victim here. How is the old man? I am sure he was hurt alot more than u, now ur gonna stick him with a bill for ur bumps and brusies.....gah, I piss on ur face!

 

[luvya]

How about let's use the word "money" instead of "compensation" for the rest of the discussion? Because that's exactly what you want here.

 

[Don Vito Corleone]

Originally posted by: tin10

I think ur an asshole for trying to sue an 85 yr old man, who had no control of ICE and BRAKES! I was sued once, for nearly freakin $27k, and guess what, he got it, at least that was the settlement. I rear ended a farm trailer, at 55mph, because he didnt have any trailer lights hooked up, in which me and another person saw him HOOK THEM UP after the accident, however, the person who saw it with me I never spoke to again. It did NOTHING to his truck, trailer or even him. It did, on the other hand, send me to the hospital for a broker nose, bruised ribs, brusied kidneys, and cuts, lashes and abrasions. The man was fine, from what I could tell, they took him to the hospital to get him checked out, and while I was having work done there, he and his wife came in, made sure I was ok, said "I hope your ok and everything". The next thing I heard from them was a supponea saying I was being sued, of course, insurance paid for all of it, but guess whos insurance went up? Mine of course, the accident was my fault because of 2 things: 1. I couldnt prove he didnt have trailer lights hooked up thus number 2. Which in the state of Tx, rearing ending is automatically ur fault, wouldnt have been if I could have proved his lights werent hooked up. But guess who elses insurance went up, IM SURE HIS WILL, along with others who hold a state farm insurance card, because of people like this asshole, who got more money than he needed, in which my case, wasnt all that bad, I have seen people get 100'k's of money. Thus this is why I think your a complete asshole, but u know what, I am glad u are feeling better, im sure the little pain u have will cause u to be out of work for awhile, make it impossible to drive, and any other excuse u can think of to make urself look like the POOR victim here. How is the old man? I am sure he was hurt alot more than u, now ur gonna stick him with a bill for ur bumps and brusies.....gah, I piss on ur face!

Are you sure you didn't hit your head in that accident?

 

[faenix]

Originally posted by: Lucky
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?

Stop trying to milk an 85 year old man's money. Pain and Suffering? Wear a seatbelt. :roll: