Got into another car accident the other day......

[TangoJuliet]

Last year I was involved in an accident where some guy cut across 3 lanes and hit my car on the driver side. There was substantial damage to my car but the insurance company opted to do the repairs to the car.

I have had the car since December 1998 and it ran perfect. Since the accident the car has been making weird noises, it would pull to the right even if I kept the wheel straight and other little things. It still ran fine but I knew it wasn't the same car.

I was planning on replacing the car this summer with a Insight but the other day on the way home I was rear ended by a lady who wasn't paying attention that I had stopped behind a large truck making a left. The speed limit on the road is 40 but I would assume she was doing around 50 and hit my car at 35-40 or so.

I was hoping that they would just total the car out being that it was involved in 2 accidents in the same amount of years. I called the other insurance company which has already assumed full liability (100%) and they said they were waiting for the adjuster. I then called the auto body shop and he said it wasn't too bad - just needed a new bumper and some other little things.

I really rely on this car as my daily commuter (120 miles r/t a day, 30,000/yr) and I don't feel like having it break down on me a couple of months after the repairs. Is there any way to deny the repairs and request that they total it out?

In my last accident the other insurance company cut me a check for around $1200 for bodily injuries. Since I was hit in the rear can I expect a bigger amount for my bodily injuries? Should I go after the other person and sue them in an attempt to get enough money to purchase a new car? I'm not sure of my options and thought maybe someone here could help me out.

Update 1/19/09

So the car was totaled out - and theres a massive story behind what happened with that. I was able to get just short of $5500 for the car.

I went to my doctor because my back was killing me and apparently my doctor no longer does "no fault". I tried to see the doctor using my own insurance and the office staff said no and I was shown the door. They said there was a no fault doctor down the road but I don't want to go to a doctor that I don't know.

I went home and I took the medication I had left from my previous accident and I felt better. I had to stay home from work because I can't work while on the medication. I almost was sent home today as well but they waived the whole 72 hour thing (it was 68 hours since I had taken the medication).

I spoke with an attorney and we have a consultation set up for later this week. He said I have a very good case - who knows what that means.

 

[effowe]

Sue, cry whiplash etc..

 

[Baked]

A 35mph crash would bend the frame of the car, it's not a light hit that requires a simple bumper change. If you lack moral and really wanna fuck the lady up, make appointment w/ chiropractor immediately and ask for the special.

 

[takeru]

considering the accident isn't that bad they will not do that. it's cheaper to pay you off for repairs than to write the whole thing off. you are better off trying to claim medical, but be prepared for some kind of proof...

 

[TangoJuliet]

Originally posted by: Baked
A 35mph crash would bend the frame of the car, it's not a light hit that requires a simple bumper change. If you lack moral and really wanna fuck the lady up, make appointment w/ chiropractor immediately and ask for the special.

The auto body mechanic said it wasn't "too bad". Here is a picture of the other car. I'd post a picture of my car but I don't feel like posting my license plate here and I don't feel like blurring it out right now.

Other Car

Originally posted by: takeru
considering the accident isn't that bad they will not do that. it's cheaper to pay you off for repairs than to write the whole thing off. you are better off trying to claim medical, but be prepared for some kind of proof...

The car is valued at around $6000 on kbb.com. My brother is a physical therapist so I'm sure we can come up with something.

 

[TangoJuliet]

Originally posted by: effowe
Sue, cry whiplash etc..

How would I go about suing her? I do have whiplash and my back is killing me. It also sucks that I can't take any muscle relaxing medicines because of my job. I wouldn't be able to work on those medications and I don't feel like using my sick leave on this.

 

[RKS]

go to your doctor
get some pt
ask the other insurance for some money to cover pain and suffering as well as medicals / lost wages / etc.
if it doesn't work; get an attorney and they'll do the step 3 for 1/3 of your recovery

 

[effowe]

Originally posted by: TangoJuliet

Originally posted by: effowe
Sue, cry whiplash etc..

How would I go about suing her? I do have whiplash and my back is killing me. It also sucks that I can't take any muscle relaxing medicines because of my job. I wouldn't be able to work on those medications and I don't feel like using my sick leave on this.

I couldn't tell you anything other than consult a lawyer, a good one.

 

[TangoJuliet]

Originally posted by: effowe

Originally posted by: TangoJuliet

Originally posted by: effowe
Sue, cry whiplash etc..

How would I go about suing her? I do have whiplash and my back is killing me. It also sucks that I can't take any muscle relaxing medicines because of my job. I wouldn't be able to work on those medications and I don't feel like using my sick leave on this.

I couldn't tell you anything other than consult a lawyer, a good one.

The last time I went to a lawyer for the accident I was in - it really didn't do anything. He said the offer that I had done myself was about as good as he could have gotten

 

[1sikbITCH]

Originally posted by: TangoJuliet

In my last accident the other insurance company cut me a check for around $1200 for bodily injuries. Since I was hit in the rear can I expect a bigger amount for my bodily injuries? Should I go after the other person and sue them in an attempt to get enough money to purchase a new car? I'm not sure of my options and thought maybe someone here could help me out.

The amount of your medical bills has a direct bearing on a settlement figure.

Here in Maryland insurance companies are quick to settle because juries are liberal and sympathetic to the victims. In conservative areas insurance companies will be more apt to take their chance in court because they know the jury will view the victim as a blood sucking leech. In those areas injury settlements are typically less. We typically shoot for 2 1/2 times as much as the medical bills + lost wages, and end up settling for nearly double the amount. If you get double your bills in this state, it's considered a fair deal. Since PIP likely paid most of your chiro and ER bills, you get to pocket your settlement after paying the lawyer 33 percent.

That's how it works here. It will likely be a bit different for you depending on your PIP laws.

 

[blurredvision]

Originally posted by: TangoJuliet
The auto body mechanic said it wasn't "too bad". Here is a picture of the other car. I'd post a picture of my car but I don't feel like posting my license plate here and I don't feel like blurring it out right now.

Other Car

Good call. Rule #7 of the internet is to always remember those most everyone has a friend at the DMV.

I'm currently in the midst of legal stuff dealing with a serious accident involving my wife last summer. Good luck.

 

[Zolty]

If you have accepted the $1200 I don't see what you can do beyond that. By cashing that check you have fairly obviously stated that this amount is enough to cover your injuries. That said if you do sue her, you are going to be hit by questions such as "why didn't you go to a doctor immediately?" "Why should we believe your brother as a credible witness to your health?" and "Why are you sueing when you aren't actually injured?".

 

[1sikbITCH]

Originally posted by: Zolty
If you have accepted the $1200 I don't see what you can do beyond that. By cashing that check you have fairly obviously stated that this amount is enough to cover your injuries. That said if you do sue her, you are going to be hit by questions such as "why didn't you go to a doctor immediately?" "Why should we believe your brother as a credible witness to your health?" and "Why are you sueing when you aren't actually injured?".

1. He didn't accept 1200 for this accident.

2. They don't ask his brother about his health. They read his doctor's medical reports. If his doctor happens to be his brother, so what? Is his brother going to risk losing his license and going to prison to help scam an insurance company out of a couple grand?

3. Your lawyer handles all of this anyhow, just sign on the dotted line.

 

[TangoJuliet]

So, I am still waiting on hearing from the insurance company as to what they are going to do with my car. If they offer to fix it - can I reject it, claiming that I don't feel safe in the car being that it was involved in 2 accidents in 2 years?

To answer the other questions - the $1200 was from the first accident 2 years ago. That case is closed. I didn't go to a doctor immediately because the accident happened too late in the day to get to my PCP; plus I did not have a vehicle to get there. I also don't want to go to the doctor because I know what medicine they will prescribe me and I cannot work and take those medicine(s). I do not have an option of just not going to work at this time - I'd probably get fired.

 

[MikeyIs4Dcats]

discussing insurance fraud on the internet is a great idea!

 

[JEDI]

Originally posted by: TangoJuliet
Last year I was involved in an accident where some guy cut across 3 lanes and hit my car on the driver side. There was substantial damage to my car but the insurance company opted to do the repairs to the car.

I have had the car since December 1998 and it ran perfect. Since the accident the car has been making weird noises, it would pull to the right even if I kept the wheel straight and other little things. It still ran fine but I knew it wasn't the same car.

I was planning on replacing the car this summer with a Insight but the other day on the way home I was rear ended by a lady who wasn't paying attention that I had stopped behind a large truck making a left. The speed limit on the road is 40 but I would assume she was doing around 50 and hit my car at 35-40 or so.

I was hoping that they would just total the car out being that it was involved in 2 accidents in the same amount of years. I called the other insurance company which has already assumed full liability (100%) and they said they were waiting for the adjuster. I then called the auto body shop and he said it wasn't too bad - just needed a new bumper and some other little things.

I really rely on this car as my daily commuter (120 miles r/t a day, 30,000/yr) and I don't feel like having it break down on me a couple of months after the repairs. Is there any way to deny the repairs and request that they total it out?

In my last accident the other insurance company cut me a check for around $1200 for bodily injuries. Since I was hit in the rear can I expect a bigger amount for my bodily injuries? Should I go after the other person and sue them in an attempt to get enough money to purchase a new car? I'm not sure of my options and thought maybe someone here could help me out.

get a personal injury lawyer. you should be able to get $10k

repeat after me:
your neck hurts
you are unable to perform duties as a man (ie: sex)
you have blurred vision
if u are in school, you have hard time concentrating, thus might not be able to complete degree, thus impacting your ability to earn a decent income

 

[TangoJuliet]

Originally posted by: MikeyIs4Dcats
discussing insurance fraud on the internet is a great idea!

uh no. I was involved in an accident. I have back pain and my neck still hurts. I am trying to see what my options are here so that I can get my life back together after someone was careless while driving a motor vehicle.

I finally got a rental car from their insurance company after spending $125 the past couple days by taking a taxi to work

 

[MikeyIs4Dcats]

Originally posted by: TangoJuliet

Originally posted by: MikeyIs4Dcats
discussing insurance fraud on the internet is a great idea!

uh no. I was involved in an accident. I have back pain and my neck still hurts. I am trying to see what my options are here so that I can get my life back together after someone was careless while driving a motor vehicle.

I finally got a rental car from their insurance company after spending $125 the past couple days by taking a taxi to work

yeah, sure you originally said nothing about any injury, and asked

In my last accident the other insurance company cut me a check for around $1200 for bodily injuries. Since I was hit in the rear can I expect a bigger amount for my bodily injuries? Should I go after the other person and sue them in an attempt to get enough money to purchase a new car?

then once someone else suggested it, you piped in that you thought you had whiplash.
and you said

My brother is a physical therapist so I'm sure we can come up with something.

yeah, that's not fishy.

 

[olds]

I sent the link to Eric R. Dinallo, let's see what he thinks.

 

[TangoJuliet]

Originally posted by: MikeyIs4Dcats

Originally posted by: TangoJuliet

Originally posted by: MikeyIs4Dcats
discussing insurance fraud on the internet is a great idea!

uh no. I was involved in an accident. I have back pain and my neck still hurts. I am trying to see what my options are here so that I can get my life back together after someone was careless while driving a motor vehicle.

I finally got a rental car from their insurance company after spending $125 the past couple days by taking a taxi to work

yeah, sure you originally said nothing about any injury, and asked

In my last accident the other insurance company cut me a check for around $1200 for bodily injuries. Since I was hit in the rear can I expect a bigger amount for my bodily injuries? Should I go after the other person and sue them in an attempt to get enough money to purchase a new car?

then once someone else suggested it, you piped in that you thought you had whiplash.
and you said

My brother is a physical therapist so I'm sure we can come up with something.

yeah, that's not fishy.

sorry, i thought when I said "bodily injuries" it coved injuries to my body.....next time I'll be more specific

 

[Red Squirrel]

Originally posted by: MikeyIs4Dcats

Originally posted by: TangoJuliet

Originally posted by: MikeyIs4Dcats
discussing insurance fraud on the internet is a great idea!

uh no. I was involved in an accident. I have back pain and my neck still hurts. I am trying to see what my options are here so that I can get my life back together after someone was careless while driving a motor vehicle.

I finally got a rental car from their insurance company after spending $125 the past couple days by taking a taxi to work

yeah, sure you originally said nothing about any injury, and asked

In my last accident the other insurance company cut me a check for around $1200 for bodily injuries. Since I was hit in the rear can I expect a bigger amount for my bodily injuries? Should I go after the other person and sue them in an attempt to get enough money to purchase a new car?

then once someone else suggested it, you piped in that you thought you had whiplash.
and you said

My brother is a physical therapist so I'm sure we can come up with something.

yeah, that's not fishy.

Getting rear ended at 40MPH pretty much assumes you'll have injuries of some sort, he probably just did not bother to mention it the first time.

I'm not one for lawsuits, I don't even believe they should exist as the system is always abused, but given they do exist, I think this is a good time to make use of that system. Sue the pants off that lady that rear ended you. It was her fault and she needs to pay for it. You don't just drive into other people's cars like that. Not looking is not an excuse, she should of had her eyes on the road and quickly glance at blind spots at all times.

Was she on a cell by any chance? If that's illegal there you can maybe get her dinged for that too.

 

[Kelemvor]

You did have more than just one place look at the car to give an estimate right? Gotta always get a second (or third) opinion...

 

[erub]

Ouch. I remember getting rear ended, it sucked. Person was driving a truck with a boat tied to the back, it was the first time it had rained in Dallas in about 3 months but had dried up by the time he got there, so road was very slick. but unknown to him. I had slowed down for the person in front of me to turn. Totalled the car I was driving, about $8K. I was pretty sore for a few days.

 

[jamesbond007]

In 1995, my dad was rear-ended by a truck doing 20-25MPH down a residential road at a 4-way stop. He exhibited severe neck pains and a sore back for several months following. To this day, he has to take a daily medication to help with the sore neck, which now makes his head slightly twitch every few seconds. Think of you shaking your head in a 'NO' fashion...my dad is now in his early 60s.

Anyways, you may not have any injuries now, but be aware they can develop over time. Whatever happens, make sure you're compensated well with that in mind.

Best of luck to you.

 

[Yzzim]

About 15 years ago my mother was rear ended (no jokes plz, it's my mom) by a lady doing 40mph who was trying to change the station on the radio. It ended up being 20% my mom's fault because she wasn't in a turning lane and 80% of the fault fell on that chick. My mom ended up with $18k from the chick's insurance company to cover everything (dunno if that's before or after the lawyer's fee that my mom hired).

My mom was in serious pain though. An ambulance took her from the scene because she was wobbling around the road and her back hurt bad. She also has problems with her jaw to this day and had to have surgery because of it.

Doesn't sound like you were in too bad of shape if you didn't go in an ambulance or straight the ER yourself.