If he were drunk, then Lucky could easily prove malice/intent to harm. But just being old is no reason to claim undue suffering.
I don't understand how you hit your heat on the steering wheel. I was in an accident where a drunk pulled out in front of me when I was going 50 mph and t-boned his truck. I didn't hit my head on the steering wheel, the seat belt wouldn't let me move that far forward. Were you wearing a seatbelt? What about the inflatable air bag. Are you telling me that car that is only six months old does not have an air bag?
rise
Diamond Member
- Dec 13, 2004
- 9,116
- 46
- 91
meh, my case was a little different as i was hit on a highway (rte 3) heading home from the cape by a drunk driver. i never saw him, he took off. turns out he had just got out of jail the previous day, he went and hid in a detox for a couple days and then was finally arrested again, claimed his car was stolen, of course.
anyway, his insurance company tried screwing me too, told me i'd be entitled to nothing even tho i was out of work for like 3 weeks, keeping in mind i was doing about 70 and he managed to side/swipe rear end me. the witnesses says he was flying and i went head first into a guard rail at probably 40 mph after ding a couple 360's in the road.
when i got counsel, they waited until the day before we were to go to court and settled. of course the lawyer takes 1/3 for doing practically nothing, but it was a hell of alot better than what the insurance co. wanted to give me.
and you're not suing him, but his insurance company. if you're seriously injured, get counsel.
anyway, his insurance company tried screwing me too, told me i'd be entitled to nothing even tho i was out of work for like 3 weeks, keeping in mind i was doing about 70 and he managed to side/swipe rear end me. the witnesses says he was flying and i went head first into a guard rail at probably 40 mph after ding a couple 360's in the road.
when i got counsel, they waited until the day before we were to go to court and settled. of course the lawyer takes 1/3 for doing practically nothing, but it was a hell of alot better than what the insurance co. wanted to give me.
and you're not suing him, but his insurance company. if you're seriously injured, get counsel.
Originally posted by: z0mb13
but but you have bad teeth!
came back from the dentist just last week.....100% fine, these badboys are soo white they could be in a colgate add, now stop whining, its time to get hardcore and do it the brittish way, leave the old man enjoy his pension or what ever it is you guys have over there to help the old people.
i bet that guy is part of the reason you can have a nice car an whatnot, all the wars america have been in, so pay the guy a little respect and jus leave him be. do u not get sick pay over there?
SacrosanctFiend
Diamond Member
- Oct 2, 2004
- 4,269
- 0
- 0
Reasonable amount: $0
You had neck pain after an auto accident, let me call Ripley's. Why do you think you're entitled to anything beyond compensation for your car, medical bills, and a rental car? It's beyond me.
- Oct 10, 1999
- 31,378
- 12,866
- 136
:thumbsup:
I received a nice check for my written off car because of a senior's driving issues. I managed to find a nearly identical car a few months later. My car was a fully loaded 17,000 km 1977 1/2 Chrysler Lebaron coup (firts year and the 500th car made) that was my grandfather's car. I snagged a 1979 Lebaron coup in very good condition and used my old car as a parts car.
Okay, maybe I misread things. If there's no lasting damage (physical or psychological) I wouldn't expect to get any extra compensation. If there is, the OP's got something, but like you say, he'll have to prove it.
I think it's become trendy to moan about the "litigious nature of our society", for all sorts of pretentious a$$holes; that's all I hate. (I'm not accusing you of being an a$$hole, just explaining.) In the recent election, Edwards was demonized in the right-wing media because he'd been a personal-injury lawyer. (I'm an independent and did not vote in the election.) People who talk this way blithely ignore the fact that injuries do happen, all the time. Even hard-to-prove-or-disprove back pain does happen, like it happened to my father.
EvilYoda
Lifer
- Apr 1, 2001
- 21,198
- 9
- 81
depends on the insurance companies I guess...I got hit really badly last year (pics were posted, yes), and the other insurance company offered money upfront for a rental car and some "hurting" money
I wasn't going to seek any extra cash, but they were so afraid of a lawsuit that they offered immediately.
I wasn't going to seek any extra cash, but they were so afraid of a lawsuit that they offered immediately.
seriously....you lot are just to soft, what a bunch of wimps, i remember being T-boned at a junction when my mum was driving, we were in a renault espace (7 seater MPV) we ended up in someones garden. all we did was exchange insurance info and that was that, the guy even came round the same day to see if we were ok, (he had his car fixed!!)
me n my mum had killer headaches and bad knecks for about a week, we even drove the espace back home (such a tough car) no compensation involved and guess what we're ok financially too
Edit: the guy who crashed into us, jumped the gun too early while he was at the junction, in his boy racer vauxhall astra. the guy was a complete chav tw@t definately some one you'd sue just becuase they are the scum of the earth, we never, no need to.
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).
TheLonelyPhoenix
Diamond Member
- Feb 15, 2004
- 5,594
- 1
- 0
Is it just me, or does everyone think that being inconvienced with an accident (that didn't cause any injuries) qualifies as pain and suffering?
Walk it off, dick.
Walk it off, dick.
meltdown75
Lifer
- Nov 17, 2004
- 37,548
- 7
- 81
Malice isn't important in a drunk-driving case. I think you're slightly confused there. Negligence is all that's necessary-- and it's treated sort of like a tort, you basically don't have to prove anything beyond documentation of a fact. If the driver blows hot, he's automatically assumed to've been negligent.
I'm no legal expert either, but I'm pretty sure that if you do some research you'll find out that I'm speaking the truth. The old man doesn't have to have been intending to harm anyone; road rage cases are very rare.
exactly, you wil be the biggest TW@T in the world to sue an old man, who probably fought for your freedom anyway, becuase u have a little neck ache
I don't understand why severe back and neck pain do not qualify as inujuries to some people here....
We both were.
Look at the pictures. I was hit diagonally. Almost as much straight on.
Actually, he probably will get some compensation for pain and suffering. The gentleman's insurance company most likely will make an initial offer that is a bit more than the total of his medical bills and car repairs.
At least that's what State Farm insurance did for me when a young girl, an 18 yo college freshman, hit me while I was walking across the street in a crosswalk with the light. She had a red, was talking on her cell phone, and wanted to make a right-on-red, legal when everything's clear.
I was pushing my Cannondale road bike alongside me.........talking with a friend I'd just caught up with. He was a few paces ahead in the crosswalk. She, the driver, never looked in front of her when she thought she saw a clear enough spot in oncoming traffic and gunned it.
Unfortunately, I was right in front of her car when she moved. She had about a 12 ft. runup before she hit me, and knocked me about 10 ft. out into the road.
Bent the frame on my bike and cracked one of the carbon wheels. Caught my left knee with her bumper....quite swollen for a few days. Still twinges when it rains.....
State Farm paid for a complete new bike....mine was only two months old at the time. Pid for the ER visit and subsequent MD visits. And, without my asking for it, offered me $1200 for "pain and suffering" on top of the aforementioned costs if I'd sign a release indemnifying them and her from any further responsibility for anything resulting from the accident. Of course I signed.......why turn it down?
Not once did I even hint I was going to seek an attorney's advice, seek to sue, nothing. But the offer was made and I accepted. And please tell me you'd not take it, either. :roll:
So, in his case, he'll probably be approached by the gent's ins. co. with a similar offer.....actually both he and his GF will both be approached since both were involved.
Such is life.
Oh, as a little funny that hapened during this......when I was talking with the ins. adjuster, we were discussing the bike and its cost. He had heard a bike was involved and when we spoke, I said my bike was damaged and had to be replaced. He said, "Sure, now it's worth, what....$200-$300?" He almost choked to death when I said, "No, it cost $1575." Guess a bicycle in that price range wasn't even on his radar, much less in his realm of reality.
"Well, I have to see a receipt that you paid that much for it....I can't believe a bicycle can cost that much!!!" he damn near demanded disbelievingly.
He was a bit more mollified in his phone voice when he had a copy of the receipt in his hand an hour later. I guess I broadened his horizons that day.
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