I was T-Boned Today *Updated*

[StepUp]

I had all this typed up and somehow closed it out, so I'll retype as best I can.

I was stopped at a light that turned green. As it turned green I slowly accelerated out only to be T-boned by an elderly woman in a jeep cherokee at ~40 mph. The light had been green for me about 4 seconds or so.

My wife was with me in the car, as was my dog. Both of them were uninjured. The impact was on my side of the car. My head ricocheted off the driver's side window and I had a minor concussion. I also had some bruising, but thankfully I was wearing my seatbelt.

I'm curious what I should/can do. The police report will be available on monday, and I assume that it needs to go to my insurance company. It should show her to be at fault, according to the police. I don't remember a whole lot from the accident as the ambulance arrived on the scene very quickly and they immobilized me due to head injury.

What I do remember is looking up and seeing the glazed over look on the woman's face (she had to be at least 70). She never got out of her car, nor said a word to myself or my wife.

As far as the car it was an '01 Malibu, and I only had liability on the car, since it was rather old. Not sure if the accident being declared her fault will help me or not (I live in TN for reference).

Also, I'm curious if anyone thinks that I should attempt to go after any type of settlement with her insurance company for the medical bills / time off from work. I've never had any experience in a legal proceeding and I'm not looking to gain financially, however, I don't want to be on the losing end of the stick. Thanks in advance.

 

[zerocool84]

You need to see a lawyer. None of us can or should give legal advice. If you're injured you need to see a lawyer plain and simple.

 

[StepUp]

I assumed that, I'm just so put off by the "Injured in a car wreck" greedy lawyer types. I just wondered if anyone had been in a similar situation and can relate.

 

[Mermaidman]

Based on your description, her liability insurance will cover your medical bills and property damage. Presumably your car will be declared a loss. If you truly only have liability, your insurance will not help. [Are you sure you don't have any kind of medical coverage or uninsured/underinsured coverage? If you do, then you SHOULD notify your insurance.]

Anyway, the biggest potential pitfall is if the other driver is either uninsured or underinsured. You'd better hope she wasn't too forgetful to make her insurance payments!

Another potential problem is that if her insurance is paying for your bills, her insurance company might drag its feet.

 

[StepUp]

I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

 

[KentState]

Originally posted by: StepUp
I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

Why are you dealing with your insurance company? You need to contact hers since they are responsible.

 

[RKS]

Originally posted by: StepUp
I assumed that, I'm just so put off by the "Injured in a car wreck" greedy lawyer types. I just wondered if anyone had been in a similar situation and can relate.

yes, good luck.

 

[LTC8K6]

Yes, her insurance company has to pay your medical bills and replace your car.

 

[SparkyJJO]

Originally posted by: LTC8K6
Yes, her insurance company has to pay your medical bills and replace your car.

This.

Your insurance company doesn't matter much, your insurance coverage amount doesn't matter. She has liability at least (the rest she may have doesn't matter), that will cover your medical and your car, whether your car gets fixed or totaled and you get cash for it.

 

[RKS]

Originally posted by: SparkyJJO

Originally posted by: LTC8K6
Yes, her insurance company has to pay your medical bills and replace your car.

This.

Your insurance company doesn't matter much, your insurance coverage amount doesn't matter. She has liability at least (the rest she may have doesn't matter), that will cover your medical and your car, whether your car gets fixed or totaled and you get cash for it.

Unless she says she had a green light (regardless of who was cited). Then you better get one of those "greedy lawyer types".

 

[Mermaidman]

Originally posted by: KentState

Originally posted by: StepUp
I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

Why are you dealing with your insurance company? You need to contact hers since they are responsible.

It helps to have your own insurance "fighting" for you because it's in their interest to make the other party pay. Also, using your own insurance might be more expedient in making arrangements for immediate needs. And then they will seek reimbursement from the other insurance company.

 

[FallenHero]

Originally posted by: KentState

Originally posted by: StepUp
I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

Why are you dealing with your insurance company? You need to contact hers since they are responsible.

No. You contact yours and let them deal with the other person's insurance company. You PAY THEM to do that and they have their own ways of dealing with others. Trying to fight the other person's insurance is insane. Let the companies duke it out, its much more effective and less headache for you.

 

[StageLeft]

Fvck old people in cars, they are scary as sh*t.

 

[MotF Bane]

Originally posted by: Skoorb
Fvck old people in cars, they are scary as sh*t.

:thumbsup:

 

[Zenmervolt]

Originally posted by: StepUp
I assumed that, I'm just so put off by the "Injured in a car wreck" greedy lawyer types. I just wondered if anyone had been in a similar situation and can relate.

Well, obviously you don't want to use one of those lawyers, but there are plenty of reputable lawyers available. In general, it's a good idea to know at least one lawyer (whether it's the one who help you set up a will or estate, or whatever) in your area whom you trust as lawyers can very often recommend others if you need someone in a different specialty. I'm not saying you should keep one on retainer, just have someone you can consult and who can recommend someone else if need be.

Talk with some of your friends and co-workers and see if they have had to use a lawyer before, that should yield better results than just hitting up the "injured in a car wreck" lawyers who advertise on the back of the phone book.

ZV

 

[Sukhoi]

Originally posted by: MotF Bane

Originally posted by: Skoorb
Fvck old people in cars, they are scary as sh*t.

:thumbsup:

Do everything you can to get that woman off the road.

 

[Demon-Xanth]

Take pictures.

Go back to where the accident happened, take more pictures.

Seriously, insurance adjusters when sorting out at fault and that sort of thing love pictures because they're something that they can look at and get a much-less BSed view of the scene. My first car was totalled much the same way (an old guy accelerated through me)

 

[KentState]

Originally posted by: FallenHero

Originally posted by: KentState

Originally posted by: StepUp
I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

Why are you dealing with your insurance company? You need to contact hers since they are responsible.

No. You contact yours and let them deal with the other person's insurance company. You PAY THEM to do that and they have their own ways of dealing with others. Trying to fight the other person's insurance is insane. Let the companies duke it out, its much more effective and less headache for you.

That is not what you pay for. Yes, if the other company refuses to deal with you, then you can turn to your own. He hasn't even contacted the other company so there isn't even a fight yet. BTW, how many years of experience do you have selling or dealing with insurance companies?

 

[Itchrelief]

Originally posted by: FallenHero

Originally posted by: KentState

Originally posted by: StepUp
I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

Why are you dealing with your insurance company? You need to contact hers since they are responsible.

No. You contact yours and let them deal with the other person's insurance company. You PAY THEM to do that and they have their own ways of dealing with others. Trying to fight the other person's insurance is insane. Let the companies duke it out, its much more effective and less headache for you.

I was under the impression subrogation is only useful if you have collision coverage so you can contractually get your company to put their skin into the fight. Otherwise, they have very little incentive to use up their agents/lawyers time.

unless of course the other driver were uninsured, then un/underinsured coverage would kick in. but otherwise, you haven't technically been "paying your company to do that", as you haven't been paying for collision.

 

[episodic]

Good luck. I just went through this. And I was in your 'exact' same situation. It took April, May, June, and half of July to get paid. I did not get paid what the car was worth. Depending on the insurance company you may not get anywhere near book value. You may get a rental for a week or 2 if you are lucky. The medical bills - make sure you keep meticulous records. Document - Document - Document - Photograph - document - and document some more. Start a folder now. Write down everything that happens regarding this - date - time - who you spoke to - everything. . .

Good luck.

 

[PlasmaBomb]

Originally posted by: Itchrelief

Originally posted by: FallenHero

Originally posted by: KentState

Originally posted by: StepUp
I have notified my insurance company. I just don't have comprehensive/collision on the vehicle. I do have the coverages you mentioned. The driver would not speak to us, but she did have valid insurance and I got that information from the police at the hospital.

Why are you dealing with your insurance company? You need to contact hers since they are responsible.

No. You contact yours and let them deal with the other person's insurance company. You PAY THEM to do that and they have their own ways of dealing with others. Trying to fight the other person's insurance is insane. Let the companies duke it out, its much more effective and less headache for you.

I was under the impression subrogation is only useful if you have collision coverage so you can contractually get your company to put their skin into the fight. Otherwise, they have very little incentive to use up their agents/lawyers time.

unless of course the other driver were uninsured, then un/underinsured coverage would kick in. but otherwise, you haven't technically been "paying your company to do that", as you haven't been paying for collision.

From the other thread subrogation sucks...

 

[zinfamous]

Originally posted by: StepUp
I had all this typed up and somehow closed it out, so I'll retype as best I can.

I was stopped at a light that turned green. As it turned green I slowly accelerated out only to be T-boned by an elderly woman in a jeep cherokee at ~40 mph. The light had been green for me about 4 seconds or so.

My wife was with me in the car, as was my dog. Both of them were uninjured. The impact was on my side of the car. My head ricocheted off the driver's side window and I had a minor concussion. I also had some bruising, but thankfully I was wearing my seatbelt.

I'm curious what I should/can do. The police report will be available on monday, and I assume that it needs to go to my insurance company. It should show her to be at fault, according to the police. I don't remember a whole lot from the accident as the ambulance arrived on the scene very quickly and they immobilized me due to head injury.

What I do remember is looking up and seeing the glazed over look on the woman's face (she had to be at least 70). She never got out of her car, nor said a word to myself or my wife.

As far as the car it was an '01 Malibu, and I only had liability on the car, since it was rather old. Not sure if the accident being declared her fault will help me or not (I live in TN for reference).

Also, I'm curious if anyone thinks that I should attempt to go after any type of settlement with her insurance company for the medical bills / time off from work. I've never had any experience in a legal proceeding and I'm not looking to gain financially, however, I don't want to be on the losing end of the stick. Thanks in advance.

Just went through this, but no serious injuries, certainly not in comparison, at least.

Have you already been in touch with her insurance agent? You need to call that contact ASAP to get the paperwork going. Chances are she may not have done a damn thing. Mention everything about police report, ambulance, emergency room, concussion, etc.

You will be forwarding all of your medical bills to HER insurance policy. Depending on the provider, she may have limits on coverage per person involved in an accident. So if for some reason your bills exceed that, you might have to pursue the legal route to seek further compensation--which you probably should do. I'm not libalous in nature, but I do believe that those at fault in such situations should be obligated to cover all expenses that you endure. You also need to mention any time at work missed as a result of the accident.

 

[hanoverphist]

Originally posted by: StepUp
I assumed that, I'm just so put off by the "Injured in a car wreck" greedy lawyer types. I just wondered if anyone had been in a similar situation and can relate.

i have been in that same accident. except instead of "old lady in a jeep" it was "druggie in a nissan". he wasnt as nice tho, he fled the scene, being chased by one of the witnesses in a red fiero.


lawyer up, man. thats the best thing you can do at this point. we got the car repaired, medical paid for both me and the ex and they shut us up with cash, since the insurance wasnt pressing charges. he was one of their customers as well.

 

[RKS]

Originally posted by: zinfamous

Originally posted by: StepUp
I had all this typed up and somehow closed it out, so I'll retype as best I can.

I was stopped at a light that turned green. As it turned green I slowly accelerated out only to be T-boned by an elderly woman in a jeep cherokee at ~40 mph. The light had been green for me about 4 seconds or so.

My wife was with me in the car, as was my dog. Both of them were uninjured. The impact was on my side of the car. My head ricocheted off the driver's side window and I had a minor concussion. I also had some bruising, but thankfully I was wearing my seatbelt.

I'm curious what I should/can do. The police report will be available on monday, and I assume that it needs to go to my insurance company. It should show her to be at fault, according to the police. I don't remember a whole lot from the accident as the ambulance arrived on the scene very quickly and they immobilized me due to head injury.

What I do remember is looking up and seeing the glazed over look on the woman's face (she had to be at least 70). She never got out of her car, nor said a word to myself or my wife.

As far as the car it was an '01 Malibu, and I only had liability on the car, since it was rather old. Not sure if the accident being declared her fault will help me or not (I live in TN for reference).

Also, I'm curious if anyone thinks that I should attempt to go after any type of settlement with her insurance company for the medical bills / time off from work. I've never had any experience in a legal proceeding and I'm not looking to gain financially, however, I don't want to be on the losing end of the stick. Thanks in advance.

Just went through this, but no serious injuries, certainly not in comparison, at least.

Have you already been in touch with her insurance agent? You need to call that contact ASAP to get the paperwork going. Chances are she may not have done a damn thing. Mention everything about police report, ambulance, emergency room, concussion, etc.

You will be forwarding all of your medical bills to HER insurance policy. Depending on the provider, she may have limits on coverage per person involved in an accident. So if for some reason your bills exceed that, you might have to pursue the legal route to seek further compensation--which you probably should do. I'm not libalous in nature, but I do believe that those at fault in such situations should be obligated to cover all expenses that you endure. You also need to mention any time at work missed as a result of the accident.

you don't write untrue words or are you not litigious


Anyway, the OP's best bet is a greedy lawyer type since they know how to handle an auto accident and insurance companies.

 

[Safeway]

Put off by the lawyers? Dude, get your money now. You will have to give 40% to the attorney, though.