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

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newParadigm

Diamond Member
Jul 30, 2003
3,667
1
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Originally Posted By: jumpr
She probably got compensated for her medical expenses, which is COMPLETELY different from pain and suffering, which is more appropriately classified as i'm a little bitch, and i gonna go cry for money from a jude cause i can't handle a little pain damages.


FIXED.



 

TerryMathews

Lifer
Oct 9, 1999
11,464
2
0
Originally posted by: Lucky
Originally posted by: otispunkmeyer
Originally posted by: Lucky
He did'nt break anything but *mayb*e the front blinker houseing in this little fender bender. It looks to me like 5MPH crash and he chasing jackpot justice.


WTF are you talking about? The ENTIRE front end is going to need to be replaced. I don't think anything on it was unscathed. In addition, there is a good chance that there is frame or axle damage. Notice how the wheel is off-kilter?


axle damage in a front wheel drive car

nice one



I don't understand your response.

I believe he's trying to imply that FWD cars don't have xles to be bent - which is true in a way. They have transaxles.

Originally posted by: otispunkmeyer
Originally posted by: myusername
Whether there is ice is, afaik, irrelevant to legal proceedings. A driver is responsible to maintain control of their vehicle and drive appropriately for conditions. While it is possible that the "ice" (packed snow) contributed to the accident actually occurring - i.e. if the driver had slammed on his brakes at the entrance where the ice begins, there is a possibility he would not have impacted the otehr car - he still would have ended up in the middle of the near lane, perpendicular to traffic


last i checked ice provides zero friction between the tires and the road, black ice is even worse coz u cant see it.....tell me how to control a car that has no friction between its tires and the road and ill pay u to teach me

hitting the gas, breaks and steering in any direction has no bearing when your on blakc ice...might as well just enjoy the ride

BS. The trick to driving on ice is don't brake while you're on ice. You can maintain control as long as your wheels are moving at approximately the same rate as the car. If I were behind the wheel and felt the car start to slide, I would have veered right into the snow, and hit the sign if need be. Had to run off-road twice this winter season here in Ohio. Luckily, both times it was empty grass.
 
Feb 10, 2000
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Originally posted by: newParadime
Originally Posted By: jumpr
She probably got compensated for her medical expenses, which is COMPLETELY different from pain and suffering, which is more appropriately classified as i'm a little bitch, and i gonna go cry for money from a jude cause i can't handle a little pain damages.


FIXED.



What's a "jude"? :confused:
 

virtuamike

Diamond Member
Oct 13, 2000
7,845
13
81
My experiences:
Some guy tries to make a left turn in an intersection with me going into it. Since I'm already in the interesection, I have no time to stop and plow into him at 20 mph. Cop says he's clearly at fault since I have right of way (no stop signs in either of our directions, he made an unguarded left without properly checking). $5k+ in damage to my car plus a sprained left wrist and some neck and back pain. Visited the doctor and got some pills, got some treatment from the chiropracter, and got a check a year later covering the deductibles I spent out of pocket + $1200. Insurance fixed up my car, I was fixed up as well as the doctors could make me, so done deal.

My sister rear-ends someone on the free-way in stop & go traffic. Scratched the other car's bumper. They try to file an injury claim saying she was speeding and negligent, also tried to seek lost wages. We sent pictures of the damage to my sister's car (no bumper damage at all) and the other car (2 marks on the bumper, about the size of an M&M) and the insurance company ended up denying their injury claim as frivolous.

Moral of the story:
Karma works in mysterious ways. Talk to your insurance companies, talk to your doctors, and be reasonable. Insurance companies aren't stupid. You try making a mountain out of a mole hill and your rates will get fvcked.
 

integramodder

Senior member
Jun 13, 2003
410
0
0
Dont listen to those telling you to drop it.

The way the judicial system is set up is that you have to rape the system for all its worth when you can, because if you dont, youll just be screwed at another time. A friend of mine got rear ended, damages were something like $317 for a new rear bumper. After two years in court, she got a check for $3000 after the lawyer took his $2000.

His insurance company HAS to pay for your rental car. If you had coverage by your insurance company all they would do is supplement the cost of the rental until the case is settled, then the would get the money from the other party's insurance company.

Go to the medical theorepy and all the other stuff they tell you to goto, that way you have evidence in court that you were infact court and had a reason for going.

Most of all, get a good lawyer. If the difference is 500 bucks in lawyer costs, the potential difference in settlement is in the thousands.
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
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www.ShawCAD.com
OK, so I read this whole dasm thread:p

One thing is clear as day. ICE didn't cause the old man to completely cross the road - there simply is simply not enough "ice"(or even potential ice) for him to do so. However, he may have tried to use the brakes but they failed due to just having his car washed. (he did just get his car washed right?) I lost my brakes the other day after getting a car wash. The rotors were wet and I (stupidly) didn't ride them while exiting. Luckily they grabbed in time to prevent me causing any accident but I did temporarily "lose control" of the car. Yes, I could still steer the car(which it looks like the old guy neglected to do). So even if my potential example was the case -there still was no reason the guy shouldn't have been steering to the right instead of straight. The road was dry enough for the tires to grab if he was actually turning the wheels. Also, if the old dude really did "skid" on ice- wouldn't there be a patch of rubber where the "ice" ended if he was actually hitting the brakes OR was turning his wheels?

Anyway, I think some are getting a bit jumpy about the "sue" part. Insurance is there for a reason - to protect people from damage and injury they cause to others - this includes compensation. If Lucky and his GF aren't happy with any potential settlement, they can try to sue. IMO, nothing Lucky or his GF have asked for is out of line - if there is injury and pain involved -they should be compensated for that plus have all the "normal" car issues taken care of.

<- personal responsibility hound who thinks people are "sue happy" - but doesn't see that as happy's intent in this case.

Flame on!

CsG

DonVito - mark this one on your calendar -we agree;)
 

SparkyJJO

Lifer
May 16, 2002
13,357
7
81
Ow man that hurts..... A tour bus pulled out in front of me last week, didn't do a whole lot of damage, but still......
I feel for ya man, was that guy insured? *EDIT* duh, sorry, I just caught that he was. I hope it all comes together for you otherwise
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
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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.

He gave bad advice that is all. Thank you for pointing it out to the noobs here who have no clue how a personal injury lawyer can get the courts to award him P&S. Jumper in no way represented himself as an attorney, maybe a moron who regurgitated stuff from a law book, but not a lawyer.
 

kevinthegenius

Junior Member
Jan 31, 2005
15
0
0
Unfortunately you're probably not going to get anything without involving a lawyer.

I'm not a lawyer, but I'm a doctor, and from the sound of your injuries, I've never seen anyone get anything significant for pain/sufforing for minor auto accident injuries without involving a lawyer (i.e. >$100).

Too bad, your Scion looked nice. I was thinking of getting one!

- Kevin

 

liluqt

Senior member
Jul 15, 2004
482
0
0
Originally posted by: kevinthegenius
Unfortunately you're probably not going to get anything without involving a lawyer.

I'm not a lawyer, but I'm a doctor, and from the sound of your injuries, I've never seen anyone get anything significant for pain/sufforing for minor auto accident injuries without involving a lawyer (i.e. >$100).

Too bad, your Scion looked nice. I was thinking of getting one!

- Kevin

You may want to rethink. They're prone to having 85 year old men drive into you. Scions should come with a warning.

 

Robor

Elite Member
Oct 9, 1999
16,979
0
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Originally posted by: z0mb13
Originally posted by: agnitrate
Originally posted by: Iron Woode
way to thread crap troll.

I wasn't crapping. I think I'm the only one being realistic here. Lucky made no mention of ANY injuries in his first post. Perhaps he was more worried about his wallet than his body?

-silver

yet another prrof of the litigious american society

omg something happened to me, what can I do to get money?

sue sue sue suee!!
Sad but true. That's one of the reasons we pay so much for insurance.

 

Robor

Elite Member
Oct 9, 1999
16,979
0
76
Originally posted by: Lucky
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.


my back and neck hurt like a motherfvcker, and my GF neck and shoulder do as well. I don't give two sh*ts whether you laugh or not. Hit your head on a steering wheel and then talk to me.

You hit your head on the steering wheel? How does that happen when you have a seat belt on?
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
wow. still going on?

i find it amazing that everyone is saying dont sue because he is 85. WTF does that really have to do with anything? IF the OP does sue he is not going to walk away with much money at all. Anyway maybe it get the old man to stop driving since he is not safe anymore.

Personlly i think the old guy should pay for some pain and suffering. But since the OP did not wear his seatbelt (may be wrong on this) then Screw him he shouldnt get a penny. If you dont want to wear it to reduce the chance of getting hurt then you take whatever you get.

 

cubby1223

Lifer
May 24, 2004
13,518
42
86
I'll make the comment from the original post - if his insurance covered your rental car, we all know you'd be cruising around in a Beemer. :Q And that's kinda the reason why insurance _doesn't_ cover rental cars.
 

Lucky

Lifer
Nov 26, 2000
13,126
3
0
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 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.
 

Lucky

Lifer
Nov 26, 2000
13,126
3
0
Originally posted by: cubby1223
I'll make the comment from the original post - if his insurance covered your rental car, we all know you'd be cruising around in a Beemer. :Q And that's kinda the reason why insurance _doesn't_ cover rental cars.

Well, apparently rental car coverage isnt _that_ much extra in michigan. However, at the time I insured myself under my own name several years ago I had a beater car, was flat broke, and was trying to completely minimize expenses. So I declined the coverage. When I got the new car, I was never asked about the rental coverage and never thought about it myself, so it didn't get applied to my new car either.

Regardless, the coverage only pays for a certain amount per day. I think it's something like 35 bucks.
 

TerryMathews

Lifer
Oct 9, 1999
11,464
2
0
Originally posted by: cubby1223
I'll make the comment from the original post - if his insurance covered your rental car, we all know you'd be cruising around in a Beemer. :Q And that's kinda the reason why insurance _doesn't_ cover rental cars.

BS. There's no reason an insurance company can't say "No. That car is not equivelant to your car and as such is not covered." In other words, it's too nice.

OTOH, if his car were a Bimmer, why shouldn't he have a Bimmer as a rental? If I dropped that kind of money to sit in the lap of luxury, I shouldn't be deprived of it just because some old fool won't give up on driving.

I personally don't see how the fool's insurance company can deny you a rental if your current car is not roadworthy - but Michigan being a 'no-fault' state may have something to do with it. Boy, am I glad Ohio isn't 'no-fault'.
 
Aug 23, 2000
15,509
1
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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.

Thank you,
I stopped reading this thread with this post.lol
It sums up my feelings. Pain and suffering. Please. you are a whiney little bitch. He didn't even hit you that hard going by the pictures. I've been in a multiple rollover car accident and i was sore for a few days, but I didn't bitch and whine about it. Sh!t happens. It's not an excuse to make money.
 

Ilmater

Diamond Member
Jun 13, 2002
7,516
1
0
Originally posted by: JeffreyLebowski
Thank you,
I stopped reading this thread with this post.lol
It sums up my feelings. Pain and suffering. Please. you are a whiney little bitch. He didn't even hit you that hard going by the pictures. I've been in a multiple rollover car accident and i was sore for a few days, but I didn't bitch and whine about it. Sh!t happens. It's not an excuse to make money.
I stopped reading when I saw it was a picture of a Scion. Dude, feel lucky he got rid of that thing for you. Now you can buy a real car like a Honda or a Mazda or something.

Then again, I hope you have to go back to driving a Scion since you're going after all this extra money. Dude, you get a paid week off work. So what if you're uncomfortable?! It's still a week where you don't have to get up at any certain time or be anywhere, and you're getting paid for it. Plus, if you and your girlfriend are both off work, I see no other alternative than to have wicked crazy sex all day long, granted that you'll have to take it easy so you don't hurt yourself. You can do all that freaky stuff you never had time for before.

All in all, the old fvck's insurance will hopefully skyrocket and he'll have to stop driving. You'll have a week off to "experiment" with your girlfriend, and everyone's happy. Don't be a b1tch and try to get more money.
 

nguyendot1

Senior member
Mar 31, 2003
325
0
0
Wow...that is what you consider bad? Man... I can't say I feel too sorry for you. The damage to your car is minor to be complaining about neck and back. Try walking away from the accident I did last year. Your old man was coming at 20-30. I got hit by a metro city bus coming at 55mph, me going 50mph, it hit me perpendicular to the passenger side. I got my new car paid for, system in the car paid for, and $5k of 'shut up' money. And yes my neck and mainly back hurt like a mofo for the 6 weeks of 7am physical therapy that I had to endure. BUT, I did walk away. Be thankful and not greedy. Your case isn't anything special. Walk away from what I did, and still be happy you're alive.

And for everyone feeling sorry for the old man... He needs to be re-tested.

MY crash..