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

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liluqt

Senior member
Jul 15, 2004
482
0
0
I got into an accident 2 weeks ago and have been dealing with the same issues. For those who live in Washington DC, the beltway is one ugly biatch (Can I say that??).

Anyway, I was rammed by a boxtruck who cut in between a 18 wheeler tractor trailer and myself, then the 18 wheeler hit him and I hit a ford contour in front me. I drove a 1998 Nissan Sentra which is a wee little car and this is all while driving at highway speeds. Dealing with 4 insurances really sucked and drained me these past two weeks, but I'm finally seeing results.

Luckily, the ford contour in front of me told his insurance it wasn't my fault but that of the truck riding my tail behind me. It took me 1.5 weeks to even get in contact with everybody's insurances because the two trucks are company trucks and their agents work on some whacked out schedule.

My car only had liability so I couldn't get a rental through my OWN insurance. So after playing phone tag for over a week and listening to the two truck companies' insurances blame each other, they finally decided to split it 50/50. They gave me a rental for 4 days, but the problem is that they're not willing to pay for the protection policy/insurance that I would get through Enterprise. Since I don't have full coverage myself, I would have to get full covered insurance through them. I was told that's an additional $17.99 per day + 11.5% luxury tax. The trucks' insurances wouldn't cover it even though I think they should. I opted out of not renting because I don't make enough in a day to justify spending $20 on a rental car for who knew how long.

I talked to the lady yesterday and my car is a total loss and they're cutting me a check for $6K (which is even more than I thought I'd get for my 98 Sentra, muhaha :D). I'm using that as part of my downpayment for my NEW 2005 Nissan Sentra I just picked up tonight since I need a car to get to work =p

As for the medical part. I got rearended so it's common to get whiplash. At the time of the accident, I didn't ask to be hauled away to a hospital since I was just confused and scared, but I felt neck pain, sinus like headaches and a pain down my right arm later that night. I went to the hospital a few days after, got diagnosed with whiplash and left with prescriptions for nice pills (I got leftover vicodin, anybody want?;)). The doctor said if I felt pain in a week still, I should go see a chiro.

The hospital expenses are being paid for by my insurance PIP (I'm not quite sure why the other company isn't paying?) and then the trucks' insurances will settle with me later rather than now incase I need to seek further treatment down the road. If my insurance is paying for the hospital bill, all I've got is the prescription drugs which cost like $6 (with my health insurance), so I doubt I'm going to get a check for just $6 later. I'm predicting a nicer sum.

I was advised to seek out a lawyer time and time again. It seems to be a common theme in America. Sue anybody and everybody. I chose against this only because a lawyer sucks up 30% of whatever you get...so unless you're suing for over 30% more than the costs you've incurred, don't waste your time. Only do it if you're going to win for sure or you could be out money in the end.

My friend has a friend in PA who was driving and a motorcycle came out of nowhere in front of him. The friend hit his brakes and stopped without hitting the biker, but he's claiming for whiplash. His lawyer tried to get $20K for him, but the friend is settling for $5K, I believe....and his car doesn't even have a scratch! So you never know anymore these days...


Here are pictures of my car if anybody's interested :D
(The circled thingy is a souvenir that the truck left for me embedded in my bumper)
Pic 1

Pic 2

In my opinion, they're going to take into consideration your "pain and suffering" and offer you a little more than your medical expenses, but don't think you're going to get rich off of this. Accidents happen and chances are that sometime in your life, you'll be involved in another....just be grateful if your case is handled quickly, efficiently and is overwith soon. Also be grateful it wasn't worse than what it was. You have your life, that's more than some others walk away with.

I thought about getting a lawyer and getting more money out of this (as everybody assured me that any lawyer would take up my case since it was clearly not my fault), but I'm glad I didn't. Things are moving quicker without a lawyer and I'm getting adequate compensation. Sure I'm a broke recent college grad, but had I not gotten the $6K, I wouldn't have been able to put down that much on a new car! They're going to let me keep my trashed car , I believe... so I'm going to sell it to anybody who wants it for the nice parts it still has :)
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
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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.

And he has. You are fvcking kidding yourself if you think you will get more money by going to court.
 

liluqt

Senior member
Jul 15, 2004
482
0
0
Originally posted by: Cdubneeddeal
Originally posted by: liluqt
(I got leftover vicodin, anybody want?;)).

What, no Hydrocodones??

BTW Linda, sorry to hear about your accident. So how bout those Vics? :p

Hmm...this would be a good opportunity to build up some more heatware! :D:thumbsup:
 

digitalsm

Diamond Member
Jul 11, 2003
5,253
0
0
Originally posted by: Pocahontas
What a thread. We were just looking for advice, not a cross ocean argument. We never said a word about suing the old man. We both have the same insurance company. Chances are when the car is estimated on Monday and they get back to the insurance agent we can figure most things out.

Are we permantly injured, doubtful. It's uncomfortable and an inconvience. We are not on to take the old man out for the rest of his social security.

I have a feeling that when the hospital bills, rental car amount and work compensation are mentioned he will have his (well both of our) insurance company take care of the situation to avoid a a lawsuit. Which we aren't interested in pursing nor I doubt will he want to go through.

Should he pay lets says, $500 to cover the entire situation regarding pain and suffering? I don't think thats outrageous. We have things to do, jobs, a life. My aunt and God-Mother is dying of liver cancer and is currently with Hospice. I am just coming into the third month of a cancer remission. I hate the hospital .. doctors, needles and staying in bed at all. It sucks.

Please be honest, if it was you .. BS if you get half of his social security check .. but I would think you are deserved something.

Thats not greed.

Well in all likelyhood, the settlement you get from the insurance co will likely be more than $500 over the actual medical, work, etc costs. And y'all need to quit kidding yourslves, the insurance will cover what they are supposed to and the old man isnt going to give you any. And if you decide to sue, and somehow manage to get a judgement(unlikely IMHO), you will never collect.
 

liluqt

Senior member
Jul 15, 2004
482
0
0
Originally posted by: digitalsm
Originally posted by: Pocahontas
What a thread. We were just looking for advice, not a cross ocean argument. We never said a word about suing the old man. We both have the same insurance company. Chances are when the car is estimated on Monday and they get back to the insurance agent we can figure most things out.

Are we permantly injured, doubtful. It's uncomfortable and an inconvience. We are not on to take the old man out for the rest of his social security.

I have a feeling that when the hospital bills, rental car amount and work compensation are mentioned he will have his (well both of our) insurance company take care of the situation to avoid a a lawsuit. Which we aren't interested in pursing nor I doubt will he want to go through.

Should he pay lets says, $500 to cover the entire situation regarding pain and suffering? I don't think thats outrageous. We have things to do, jobs, a life. My aunt and God-Mother is dying of liver cancer and is currently with Hospice. I am just coming into the third month of a cancer remission. I hate the hospital .. doctors, needles and staying in bed at all. It sucks.

Please be honest, if it was you .. BS if you get half of his social security check .. but I would think you are deserved something.

Thats not greed.

Well in all likelyhood, the settlement you get from the insurance co will likely be more than $500 over the actual medical, work, etc costs. And y'all need to quit kidding yourslves, the insurance will cover what they are supposed to and the old man isnt going to give you any. And if you decide to sue, and somehow manage to get a judgement(unlikely IMHO), you will never collect.


Umm... if you two have the same insurance company, they're not going to want to pay more than they have to since its the same company that's going to be out money. You very well may get $500 over the costs. That actually sounds reasonable, but when you want thousands, then you've taken it up a step - an ugly one at that.
 

Lucky

Lifer
Nov 26, 2000
13,126
1
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thanks, I appreciate the new input. Like my GF said, we aren't looking for thousands of dollars. Just perhaps something to compensate us for the crap this man put us through. I don't know how everything will work out since we have the same agency.

Lots of stuff to still do on. Talk to body shops, choose one and get the ball starting rolling on the repair, call the injury dept. at my insurance agency, see my regular doctor for a follow up, see why my insurance is saying a rental is not covered, blah blah blah. I'll wait until monday when I can talk to the people at the injury dept at my insurance agency and see what they say regarding additional compensation and take it from there I guess.

I really don't want a lawsuit folks, certainly not one on a personal level against the old man. All I was saying was that if his insurance doesn't take care of me I'd have no qualms against taking him on.
 

Jynx980

Senior member
Jan 10, 2001
604
0
0
Someone may have said this already, I didnt read all the posts, dont sign ANYTHING until you get your car fixed! I had a similar experience, and after you have signed a medical waiver they are not so
concerned about fixing your car any longer. If you still have medical injuries, you may want to hold off even after that and see a doctor and make sure to get a report from him.
 

speed01

Golden Member
Jan 23, 2001
1,167
0
0
Pain and suffering?? For Pete's sake, that is only a minor fender bender and you're more pissed because it was a new car and an old guy hit you. Hell, by some people's way of thinking I should be able to sue because my contract didn't get renewed so I'm out of work and it's causing me undue stress.. please..life goes on. To me Lucky, it sounds like greed. Bumps and bruises are to be expected but accidents do happen. After all, that's why they're called accidents. I highly doubt that the old guy sat in the driveway and said to himself "hey there's a new Scion, I think I'll hit it" and then floored his car into yours.

Speed
 

hysperion

Senior member
May 12, 2004
837
0
0
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 hope you purchased you Scion instead of leased, that way I know you lost out on resale value bigtime. :D ......I also hope you get no 'pain and suffering' bs from this as it's pretty obvious nothing serious happened or you wouldn't be here posting about it. If you were missing an arm you wouldn't be here posting, "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"
as you would already have contacted lawyers etc.....you know and I know you're a Fraud just by looking at your post.

As you said yourself "it's not a major case"
So why sue? I have you and people like you to thank for hiking my insurance rates.
 

Lucky

Lifer
Nov 26, 2000
13,126
1
0
I also hope you get no 'pain and suffering' bs from this as it's pretty obvious nothing serious happened or you wouldn't be here posting about it.


I'm sorry, I wasn't aware whiplash and severe back pain (torn/strained muscles and ligaments) were not considered severe, and I don't know what posting here has anything to do with the extent of my injuries.


So why sue? I have you and people like you to thank for hiking my insurance rates.

I don't want to sue. I just want everyone covered and some additional compensation for the sh*t i've been through. As many others have agreed this is not unreasonable.
 

hysperion

Senior member
May 12, 2004
837
0
0
Originally posted by: Lucky
I also hope you get no 'pain and suffering' bs from this as it's pretty obvious nothing serious happened or you wouldn't be here posting about it.


I'm sorry, I wasn't aware whiplash and severe back pain (torn/strained muscles and ligaments) were not considered severe, and I don't know what posting here has anything to do with the extent of my injuries.


So why sue? I have you and people like you to thank for hiking my insurance rates.

I don't want to sue. I just want everyone covered and some additional compensation for the sh*t i've been through. As many others have agreed this is not unreasonable.


You're right you don't want to sue...you just want them to hand you money instead....and what if they tell you No? The only reason they would give you money is to save themselves the trouble of you suing them. Tell them, "I'll sign something guaranteeing I'm not gonna sue you and afterwards can we discuss my compensation over a beer"- if it works get back to me. Since you weren't gonna sue anyways, why not give it a shot?
 

aidanjm

Lifer
Aug 9, 2004
12,411
2
0
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.

yeah right, give the old dude a break so he can go out and do the same thing to someone else.
 

preslove

Lifer
Sep 10, 2003
16,754
64
91
Originally posted by: jumpr
Originally posted by: jvarszegi
Originally posted by: sm8000
Originally posted by: otispunkmeyer
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

Hell with that, he shouldn't be driving. He's eighty-freaking-five! If he thinks he's responsible enough to take the risk of driving at his age, he should live up to that responsibility. He should cover his fair share.

Exactly. It's all about the responsibility. If the man can't drive, he's putting everyone's life in danger by driving, and he should know better. What if he was an old drunk man? Age and drunkenness similarly impair driving ability-- impaired vision, slowed reaction time, etc.

If he were drunk, then Lucky could easily prove malice/intent to harm. But just being old is no reason to claim undue suffering.

Sorry to comment on such an early post, but... Drunk driving is not malice or intent, it is gross negligence. Talk about an ignorant flamer.


Originally posted by: Cdubneeddeal
Originally posted by: liluqt
(I got leftover vicodin, anybody want?;)).

What, no Hydrocodones??

BTW Linda, sorry to hear about your accident. So how bout those Vics? :p

Dude, Hydrocodones are generic vics :D
 

Triumph

Lifer
Oct 9, 1999
15,031
14
81
Originally posted by: Pocahontas
What a thread. We were just looking for advice, not a cross ocean argument. We never said a word about suing the old man. We both have the same insurance company. Chances are when the car is estimated on Monday and they get back to the insurance agent we can figure most things out.

Are we permantly injured, doubtful. It's uncomfortable and an inconvience. We are not on to take the old man out for the rest of his social security.

I have a feeling that when the hospital bills, rental car amount and work compensation are mentioned he will have his (well both of our) insurance company take care of the situation to avoid a a lawsuit. Which we aren't interested in pursing nor I doubt will he want to go through.

Should he pay lets says, $500 to cover the entire situation regarding pain and suffering? I don't think thats outrageous. We have things to do, jobs, a life. My aunt and God-Mother is dying of liver cancer and is currently with Hospice. I am just coming into the third month of a cancer remission. I hate the hospital .. doctors, needles and staying in bed at all. It sucks.

Please be honest, if it was you .. BS if you get half of his social security check .. but I would think you are deserved something.

Thats not greed.

Suck it up and quit whining. It doesn't matter that you don't want to take his life savings. You don't deserve anything extra. You can't say, "Oh it's only $500," and it is therefore justifiable. How bout this. This thread was very depressing. The attitudes expressed in this thread have somewhat reduced my faith in humanity. I have a little bit less hope for the future of this country, and that's a sobering thought. I'm experiencing some very low level pain and suffering. Since you and your boyfriend are the cause of this pain and suffering, you can paypal $0.75 to my account and we'll call it even. It's not like I'm going after your life savings. And I deserve to be compensated for my losses. I don't want to have to sue you, but I will if necessary.

It's called life people. Get on with it.
 

Cdubneeddeal

Diamond Member
Oct 22, 2003
7,473
3
81
Originally posted by: preslove
Originally posted by: jumpr
Originally posted by: jvarszegi
Originally posted by: sm8000
Originally posted by: otispunkmeyer
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

Hell with that, he shouldn't be driving. He's eighty-freaking-five! If he thinks he's responsible enough to take the risk of driving at his age, he should live up to that responsibility. He should cover his fair share.

Exactly. It's all about the responsibility. If the man can't drive, he's putting everyone's life in danger by driving, and he should know better. What if he was an old drunk man? Age and drunkenness similarly impair driving ability-- impaired vision, slowed reaction time, etc.

If he were drunk, then Lucky could easily prove malice/intent to harm. But just being old is no reason to claim undue suffering.

Sorry to comment on such an early post, but... Drunk driving is not malice or intent, it is gross negligence. Talk about an ignorant flamer.


Originally posted by: Cdubneeddeal
Originally posted by: liluqt
(I got leftover vicodin, anybody want?;)).

What, no Hydrocodones??

BTW Linda, sorry to hear about your accident. So how bout those Vics? :p

Dude, Hydrocodones are generic vics :D

Not the ones I get ;)
 

Blazin Trav

Banned
Dec 14, 2004
2,571
0
0
Suck it up and quit whining. It doesn't matter that you don't want to take his life savings. You don't deserve anything extra. You can't say, "Oh it's only $500," and it is therefore justifiable. How bout this. This thread was very depressing. The attitudes expressed in this thread have somewhat reduced my faith in humanity. I have a little bit less hope for the future of this country, and that's a sobering thought. I'm experiencing some very low level pain and suffering. Since you and your boyfriend are the cause of this pain and suffering, you can paypal $0.75 to my account and we'll call it even. It's not like I'm going after your life savings. And I deserve to be compensated for my losses. I don't want to have to sue you, but I will if necessary.

I couldn't agree more.

I understand the feeling that the thread starter had "I've been wronged so I feel like I have the obligation to correct it."

Well not really. It wasn't a major crash, and I must ask why you feel the need to share. Are our responses suddenly going to justify your side of the story?

I don't want to sound like an ass but what is the world coming to when we have to sue an old man to feel like we've compensated ourselves.

Just my .02.
 

Mill

Lifer
Oct 10, 1999
28,558
3
81
<---- been in two not at fault accidents in the past 6 months. One was a guy driving 20mph above the speed limit in heavy rain with bald tires. Now that is negligent! I wasn't hurt in either one. In fact, I've been in about 4 not at fault accidents, and never been injured, and some have come at over 40mph. If you get pain and suffering for your inconvenience, then so should everyone else that gets hit. I had to hassle with a rental car and other BS before I got mine fixed, and I haven't had time yet to get the last accident fixed. I call it life, and I suck it up and deal with it. Yeah, I'm pissed, but it isn't pain and suffering.
 

PlatinumGold

Lifer
Aug 11, 2000
23,168
0
71
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.
 

playgroundtwister

Senior member
May 21, 2001
244
0
0
Only in America would you hear such a thing. Pain and suffering ........ pfffffffttt.

If anybody that needs to be sued is the manufacturer of the car. At that big of damage you must be going at least 20mph and at that speed, airbag should have deployed.
 

freebee

Diamond Member
Dec 30, 2000
4,043
0
0
To summarize the thread thus far:

From the OP's post, injury was caused due to the negligence of another party. (in which case negligance is defined as an unintentional tort leading to damages .) In the US, as governed by LAW, it is within his right to pursue for property damage, medical expenses, bodily injury (ie pain & suffering), plus any additional fees such as legal costs, loss of use (both vehicular/property/business etc.) due to the damages that were incurred.

There is also the "ethical" view on this, in which certain members are taking a more empathetic view on the old dude, citing the litigious society of the US and the moral implication of pursuing a suit.

Looking on this subject and familiar with both the insurance and legal aspects of claims settlement, I'd say both views are correct. People should use the legal system to pursue a fair treatment for damages, instead of getting rich off some old guy's mistake.

In answer to the original post, the rental expense will be covered if the other driver is found at fault. This is can pursued in both a first party claim (with applicable rental coverage) and then subrogation through the at-fault party. This can also be pursued on an independant basis through the documentation of loss of use and filed directely with the other party's insurance. Furthermore, loss of use can also be claimed as part of a small-claims suit or private party suit in addition to any claims made for injury and property damages.
 
Feb 10, 2000
30,029
67
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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.

Pain and suffering are considered "actual damages," not punitive, and the overwhelming majority of courts would award based on them in this case. For the same reason, the insurance company will normally include them in any negotiated award.