Just got into a Car Accident, any advice? (CLIFFNOTES TOO)

Yax

Platinum Member
Feb 11, 2003
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I was recently in a car accident. I was takent to ER for injuries. Dr determined that I had no permanent injuries. Just short term pain that would last about a week. Lost time from work. The other driver was clearly at fault, had witnesses and police report. My car is no longer drivable.

Problem:
1. The other driver has some cheap no name insurance company.
2. I called my insurance company, they said it would be easier if I filed a claim directly with the other insurance. They would only recover medical cost and cost of car repair/replacement. Nothing more if I went through them.

I just filed a claim with the other insurance company. Should I get a lawyer to fight on my side or should I try to do it by myself?

I'm thinking about doing it myself first, and if it starts to get complicated, hire a lawyer. Any advice from someone who's been through this?

What kind of settlement should I expect? They're willing to cover car damage, hospital bills up to 90 days and car rental so far, but they asked me to pay for it all till its settled. Is that okay? Will they pay me in the end? How much should I expect. What about Pain and suffering, how much should I expect from that? They're willing to offer me $750 for the pain and suffering. I feel like that's an insult since I almost died, I'm still in pain and was lucky nothing permanent happened to me.

EDIT: CLIFF NOTES:
Got into a car accident. The other driver's at fault. My Insurance was no help. Filed a claim with the other parties insurance. Should I hire a lawyer, go it alone or use my insurance company to fight for me? What should I expect in the end.
 

conjur

No Lifer
Jun 7, 2001
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Gah! Always call the other insurance FIRST!

I never call mine if I don't have to. They'll just raise your rates just for calling them!

And do NOT settle yet for damages for pain/suffering.

What are the details of the accident? Do you have whiplash at all? Back/neck pain may not show up for a few days or a week and then it can come on like a train wreck! I know.
 

Yax

Platinum Member
Feb 11, 2003
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Originally posted by: conjur
Gah! Always call the other insurance FIRST!

I never call mine if I don't have to. They'll just raise your rates just for calling them!

And do NOT settle yet for damages for pain/suffering.

What are the details of the accident? Do you have whiplash at all? Back/neck pain may not show up for a few days or a week and then it can come on like a train wreck! I know.

At 85mph, the other vehicle lost control on the Freeway and swerved across to my lane. I was going 65mph in the slow lane. It hit the front right side of my car causing both cars to go spinning off the freeway and onto the side where we all finally came to a stop after hitting the fence on the side. Had back pain, neck pain and chest pain after the accident.
 

Yax

Platinum Member
Feb 11, 2003
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Originally posted by: Demon-Xanth
What insurance agency do you have?

Allstate. I'm starting to dislike them. They always advertise about having an ALLSTATE agent by your side, blah blah blah. When I called, they said, normally people just claim with the other agency.
 

conjur

No Lifer
Jun 7, 2001
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OH jeez, dude.

Glad you weren't killed! :Q

Definitely don't settle and I'd seriously consider retaining a lawyer (yeah, they take 30-33% but it's worth it for them to handle the paperwork and see to it medical bills are paid and lost wages are paid.)

Bet you start having worse and worse back/neck pain, though...I HOPE not but I'd think you would.
 

Yax

Platinum Member
Feb 11, 2003
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Originally posted by: conjur
OH jeez, dude.

Glad you weren't killed! :Q

Definitely don't settle and I'd seriously consider retaining a lawyer (yeah, they take 30-33% but it's worth it for them to handle the paperwork and see to it medical bills are paid and lost wages are paid.)

Bet you start having worse and worse back/neck pain, though...I HOPE not but I'd think you would.

Yes, it gets worst daily. I've been prescribed Vicodin to ease the pain. The doctor says it will get worst before getting better. THat's why I don't think $750 for pain and suffering is even close to what I have to endure.
 

Demon-Xanth

Lifer
Feb 15, 2000
20,551
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Originally posted by: cheapbidder01
Originally posted by: Demon-Xanth
What insurance agency do you have?

Allstate. I'm starting to dislike them. They always advertise about having an ALLSTATE agent by your side, blah blah blah. When I called, they said, normally people just claim with the other agency.



Be glad you didn't get hit by someone from Allstate.


You might talk to a lawyer that does free consultations to feel out the situation a bit more.
 

Yossarian

Lifer
Dec 26, 2000
18,010
1
81
That is bullsh!t that your insurance company isn't doing anything. It is their job, not yours, to go after the other insurance company. That's part of the service you should expect when you pay your premiums. If the other driver is at fault 100% your rates should not increase at all.
 

Yax

Platinum Member
Feb 11, 2003
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Originally posted by: PipBoy
That is bullsh!t that your insurance company isn't doing anything. It is their job, not yours, to go after the other insurance company. That's part of the service you should expect when you pay your premiums. If the other driver is at fault 100% your rates should not increase at all.

That is the ideal case, unfortunately, they don't have anything to gain from the time they spend getting the money for you. They will only go after the other company for their losses. By reporting it to them, they will cover the minimum required to get you back on track, then try to recover that. You end up on the losing end since they won't go after the other company for time lost from work, pain and suffering, etc.

Edit: I even asked if Allstate would try to recover my losses for a rental car if I got one and their response was: "Since you didn't pay for that option, you'll have to pay for the rental car on your own. We won't provide one and we won't go after them to recover your loss for you."
 

blahblah99

Platinum Member
Oct 10, 2000
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I just got in a car accident a couple of weeks ago also, and although I didn't get any injuries, it was 100% the other driver's fault. Here's what I've learned from that incident:

1. You have a police report and witnesses, and it is clearly the other driver's fault, so the ball is in your court.

2. Don't pay ANYTHING out of your pocket - call the other driver's insurance and tell them to take care of all the paperwork and bills. If you PAY out of your pocket and settle later, you may not recuperate all your losses.

3. Don't settle for ANYTHING YET. Find out how much your car is really worth, and how much money and time you've put into it. Come up with a realistic figure and present that to the claims adjuster and DON'T BUDGE ON IT. Most of the time the adjuster will offer you a figure that is at or below blue book value.

4. $750 is pretty low for injuries that warranted a visit to the ER. What if your injuries show up a month from now?

If you can't deal with the other driver's insurance directly, or they are unwilling to cooperate, then go through YOUR insurance company and they will take care of all the upfront work and bills and later recover the fees from the driver's insurance company.

Last resort, in my opinion, would be to go to a lawyer because they are costly, time consuming, and once you hire an attorney, all communications between parties go through your attorney.
 

Yax

Platinum Member
Feb 11, 2003
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Originally posted by: blahblah99
I just got in a car accident a couple of weeks ago also, and although I didn't get any injuries, it was 100% the other driver's fault. Here's what I've learned from that incident:

1. You have a police report and witnesses, and it is clearly the other driver's fault, so the ball is in your court.

2. Don't pay ANYTHING out of your pocket - call the other driver's insurance and tell them to take care of all the paperwork and bills. If you PAY out of your pocket and settle later, you may not recuperate all your losses.

3. Don't settle for ANYTHING YET. Find out how much your car is really worth, and how much money and time you've put into it. Come up with a realistic figure and present that to the claims adjuster and DON'T BUDGE ON IT. Most of the time the adjuster will offer you a figure that is at or below blue book value.

4. $750 is pretty low for injuries that warranted a visit to the ER. What if your injuries show up a month from now?

If you can't deal with the other driver's insurance directly, or they are unwilling to cooperate, then go through YOUR insurance company and they will take care of all the upfront work and bills and later recover the fees from the driver's insurance company.

Last resort, in my opinion, would be to go to a lawyer because they are costly, time consuming, and once you hire an attorney, all communications between parties go through your attorney.

Thanks, Very helpful advise. I will see what I can do then. I just put in over 2K in service maintanence in my car too, along with new tires etc. I will need to dig up the records to show the adjuster then.
 

zixxer

Diamond Member
Jul 6, 2001
7,326
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Originally posted by: cheapbidder01
Originally posted by: conjur
Gah! Always call the other insurance FIRST!

I never call mine if I don't have to. They'll just raise your rates just for calling them!

And do NOT settle yet for damages for pain/suffering.

What are the details of the accident? Do you have whiplash at all? Back/neck pain may not show up for a few days or a week and then it can come on like a train wreck! I know.

At 85mph, the other vehicle lost control on the Freeway and swerved across to my lane. I was going 65mph in the slow lane. It hit the front right side of my car causing both cars to go spinning off the freeway and onto the side where we all finally came to a stop after hitting the fence on the side. Had back pain, neck pain and chest pain after the accident.


not that i think your lying or anything.. but how did someone come across ANY lanes and hit the RIGHT side of your car if your in the slow lane.


you should have been on the right side; no? thus to hit the right side of your car.. he had to drive FROM the right side...

explain?
 

conjur

No Lifer
Jun 7, 2001
58,686
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0
If he swerved or caught the guy w/the right-front corner of his car.

And, cheapbidder, DO consider going to a back pain specialist and consider either a physical therapist (most likely would require a referral) or a chiropractor (but, if it's a no-name insurance company the other person had, you may have difficulty getting them to pay a chiropractor.)
 

Yax

Platinum Member
Feb 11, 2003
2,866
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Originally posted by: se7enty7
Originally posted by: cheapbidder01
Originally posted by: conjur
Gah! Always call the other insurance FIRST!

I never call mine if I don't have to. They'll just raise your rates just for calling them!

And do NOT settle yet for damages for pain/suffering.

What are the details of the accident? Do you have whiplash at all? Back/neck pain may not show up for a few days or a week and then it can come on like a train wreck! I know.

At 85mph, the other vehicle lost control on the Freeway and swerved across to my lane. I was going 65mph in the slow lane. It hit the front right side of my car causing both cars to go spinning off the freeway and onto the side where we all finally came to a stop after hitting the fence on the side. Had back pain, neck pain and chest pain after the accident.


not that i think your lying or anything.. but how did someone come across ANY lanes and hit the RIGHT side of your car if your in the slow lane.


you should have been on the right side; no? thus to hit the right side of your car.. he had to drive FROM the right side...

explain?

Thanks for spotting that, Its the Left side of my car, Driver's side. Must be the medication. Can't tell left from right anymore. Vicodin at work.
 

Yax

Platinum Member
Feb 11, 2003
2,866
0
0
Originally posted by: conjur
If he swerved or caught the guy w/the right-front corner of his car.

And, cheapbidder, DO consider going to a back pain specialist and consider either a physical therapist (most likely would require a referral) or a chiropractor (but, if it's a no-name insurance company the other person had, you may have difficulty getting them to pay a chiropractor.)

I guess a chropractor would help. I should call one up and ask how it works. Whether they can bill the insurance directly or not.
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
Originally posted by: cheapbidder01
Originally posted by: se7enty7
Originally posted by: cheapbidder01
Originally posted by: conjur
Gah! Always call the other insurance FIRST!

I never call mine if I don't have to. They'll just raise your rates just for calling them!

And do NOT settle yet for damages for pain/suffering.

What are the details of the accident? Do you have whiplash at all? Back/neck pain may not show up for a few days or a week and then it can come on like a train wreck! I know.

At 85mph, the other vehicle lost control on the Freeway and swerved across to my lane. I was going 65mph in the slow lane. It hit the front right side of my car causing both cars to go spinning off the freeway and onto the side where we all finally came to a stop after hitting the fence on the side. Had back pain, neck pain and chest pain after the accident.


not that i think your lying or anything.. but how did someone come across ANY lanes and hit the RIGHT side of your car if your in the slow lane.


you should have been on the right side; no? thus to hit the right side of your car.. he had to drive FROM the right side...

explain?

Thanks for spotting that, Its the Left side of my car, Driver's side. Must be the medication. Can't tell left from right anymore. Vicodin at work.


ahhh... okay.. I hope everything goes well! Thanks!