Yeah. 45 mph hitting an object not in motion may leave some lasting damage. Like those people that bump their heads. They're fine for a day or so then die with no explanation. Not saying it'll happen to the OP but he really needs to let the lawyer make his family whole while the doctors keep a close eye on his wife.
Yeah. 45 mph hitting an object not in motion may leave some lasting damage. Like those people that bump their heads. They're fine for a day or so then die with no explanation. Not saying it'll happen to the OP but he really needs to let the lawyer make his family whole while the doctors keep a close eye on his wife.
BoomerD
No Lifer
- Feb 26, 2006
- 64,039
- 12,366
- 136
Nope...lawyer up.
Sadly, in auto accidents as in work comp accidents, your first stop is the doctor, your SECOND stop should be your lawyer.
Oh yeah, done and done
I know everyone is having a good time with the lawyer up etc stuff, but im really looking for advice so if anyone has any real experience with this i would love to hear it
The other drivers auto insurance may offer you a flat reimbursement up front for medical, but if your wife has more issues later it may not be enough.
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MrDudeMan
Lifer
- Jan 15, 2001
- 15,069
- 94
- 91
Not contacting a lawyer would be immensely stupid. Trying to save a few dollars while simultaneously screwing yourself ftl.
This isn't about buying a yacht by leveraging your wife's injuries. It's about making sure you don't get screwed long term by not knowing what is likely to happen throughout this process. The risk of doing this yourself is enormous compared to the few dollars you'll spend by using a lawyer. 10 years from now, you won't give two shits about the $500 you saved if your wife's neck is still hurt.
This isn't about buying a yacht by leveraging your wife's injuries. It's about making sure you don't get screwed long term by not knowing what is likely to happen throughout this process. The risk of doing this yourself is enormous compared to the few dollars you'll spend by using a lawyer. 10 years from now, you won't give two shits about the $500 you saved if your wife's neck is still hurt.
Blanky
Platinum Member
- Oct 18, 2014
- 2,457
- 12
- 46
If your wife isn't hurt you will get what the car costs. If she is hurt you will get all the money you can and his insurance will pay for it. Feel no guilt about it. Money is worth shit compared to health anyway. If I had any kind of a long term injury from an accident a million bucks wouldn't be enough to make me happy. I would never trade any health for money irrespective of its amount and so if you are hurt you should get all you can. If your wife is hurt a lawyer will press for what they can. As they should.
OverVolt
Lifer
- Aug 31, 2002
- 14,278
- 89
- 91
dave_the_nerd
Lifer
- Feb 25, 2011
- 16,890
- 1,539
- 126
The injuries matter. You'll get $1k for the car, maybe.
My housemate was in an accident where she broke some things. Her lost wages were pretty high. (She actually is ATOT material, unlike most of ATOT.)
Also, under MN law, she got to claim damages for all the stuff I was doing around the house that she normally would have done. "Replacement services" her lawyer called it. (I called it "vacuum, then pick up drugs at walgreens on your way home", but what do I know?) Apparently I'm pretty expensive.
So she filed a claim against the other guy's insurance and got his policy maximum, which was next to nothing. That took maybe a month.
Then she filed a claim with her insurance - the "under insured driver" policy.
The initial offer was $7000. Her final payout was 6 figures after her lawyer took his third. But it took like a year and a half of paperwork to get there, and she essentially had to sue herself. Worth it, but not immediate relief.
But anyway, yeah - she had a lawyer from day one, and everything was in writing. We have about three banker's boxes of stuff in the garage from that.
My housemate was in an accident where she broke some things. Her lost wages were pretty high. (She actually is ATOT material, unlike most of ATOT.)
Also, under MN law, she got to claim damages for all the stuff I was doing around the house that she normally would have done. "Replacement services" her lawyer called it. (I called it "vacuum, then pick up drugs at walgreens on your way home", but what do I know?) Apparently I'm pretty expensive.
So she filed a claim against the other guy's insurance and got his policy maximum, which was next to nothing. That took maybe a month.
Then she filed a claim with her insurance - the "under insured driver" policy.
The initial offer was $7000. Her final payout was 6 figures after her lawyer took his third. But it took like a year and a half of paperwork to get there, and she essentially had to sue herself. Worth it, but not immediate relief.
But anyway, yeah - she had a lawyer from day one, and everything was in writing. We have about three banker's boxes of stuff in the garage from that.
Belegost
Golden Member
- Feb 20, 2001
- 1,807
- 19
- 81
Rear-ended at 45? That's brutal.
Like some others have said, your wife may feel ok today, but in the next day or 2 it's very likely (I would say a certainty) to degrade significantly with soreness and pain, as well as general lethargy and irritability (back and neck injuries like this have a real negative effect on mood.) Also keep an eye out for pain in her hands, when rear ended if she had her hands on the wheel it can cause damage from her body jerking and then smashing.
2 things: 1) Talking to a lawyer is in your best interest. 2) You should get her in to see her physician, and talk to them about seeing a pain specialist soon, one that deals in traumatic injury.
Also, don't put this on your medical insurance(they will end up denying charges and it makes a mess), you need to tell your dr. (and any other medical facilities that treat her for this) that it is a car accident and to open an account for it. Most facilities will tally up the bill until such time as you are ready to deal with the responsible insurance. I recommend talking to the lawyer about the best way to handle it since the relevant billing laws may be different in your state.
~edit~ Also when talking to the other driver's insurance, do not commit to anything now, let them know that your wife has gone to the hospital, and may be receiving further medical treatment, do not discuss any compensation for medical until you have spoken to a lawyer and have a good sense of the scope of potential medical costs.
Like some others have said, your wife may feel ok today, but in the next day or 2 it's very likely (I would say a certainty) to degrade significantly with soreness and pain, as well as general lethargy and irritability (back and neck injuries like this have a real negative effect on mood.) Also keep an eye out for pain in her hands, when rear ended if she had her hands on the wheel it can cause damage from her body jerking and then smashing.
2 things: 1) Talking to a lawyer is in your best interest. 2) You should get her in to see her physician, and talk to them about seeing a pain specialist soon, one that deals in traumatic injury.
Also, don't put this on your medical insurance(they will end up denying charges and it makes a mess), you need to tell your dr. (and any other medical facilities that treat her for this) that it is a car accident and to open an account for it. Most facilities will tally up the bill until such time as you are ready to deal with the responsible insurance. I recommend talking to the lawyer about the best way to handle it since the relevant billing laws may be different in your state.
~edit~ Also when talking to the other driver's insurance, do not commit to anything now, let them know that your wife has gone to the hospital, and may be receiving further medical treatment, do not discuss any compensation for medical until you have spoken to a lawyer and have a good sense of the scope of potential medical costs.
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bbhaag
Diamond Member
- Jul 2, 2011
- 6,866
- 2,235
- 146
See what your insurance company comes back with. Make sure you call your agent and explain that your wife will be missing work. Mention any other potential monetary loses you will incur because of the accident.
If you're not happy with the figure your/his insurance company settles on try your agent one more time. If you aren't happy with the number start looking for lawyer.
If you're not happy with the figure your/his insurance company settles on try your agent one more time. If you aren't happy with the number start looking for lawyer.
Captante
Lifer
- Oct 20, 2003
- 30,316
- 10,814
- 136
Even speaking to the other guys insurance company could be a huge mistake. I strongly suggest that you consult an attorney first thing tomorrow morning before you potentially make a very expensive error.
At the risk of sounding like a commercial for a personal injury lawyer, remember the other insurance company already has a team of attorneys on the case.
At the risk of sounding like a commercial for a personal injury lawyer, remember the other insurance company already has a team of attorneys on the case.
Habbas & Associates are one of (if not, the) largest personal injury firms in San Jose, CA & the Bay Area. Not sure where you're located, but at the very least, you might find some useful information on their website. These guys spend a ton of money on advertising every year (radio, TV & billboards).
They might even be willing to recommend a firm in your area.
They might even be willing to recommend a firm in your area.
1sikbITCH
Diamond Member
- Jan 3, 2001
- 4,194
- 574
- 126
rudder
Lifer
- Nov 9, 2000
- 19,441
- 86
- 91
Don't expect anything in the way of medical bill reimbursement when dealing with another driver's insurance company. They will show up with a form to sign saying you agree to not sue them in the future if you take this $500 check now.
Sadly, you will have to lawyer up if there are any medical bills involved.
RossMAN
Grand Nagus
- Feb 24, 2000
- 78,810
- 314
- 136
I know people who where injured in accidents, but both cases the medical insurance still paid. They knew the cause of injuries when they paid, they had their clients file a lawsuit to recover their cost. So what you are saying isn't correct at all. Even my own medical insurance has a provision that they will pay for medical cost if you are injured from a third party, but you may be compelled to participate in litigation to recover the cost.
Not a time to be stupid and attempt DIY.
At the bare minimum work with and through your insurance company.
Don't sign anything without running it past somebody legal.
Almost certainly you won't know the extent of injury for weeks or a month, see a specialist and get some physical therapy or whatever they advise.
Don't sign anything.
Regards the car, their obligation is to make you whole, rental car until you have a satisfactory replacement car.
Don't sign anything, or speak directly to people who are not clearly on your side, and use some caution with even your own insurance.
At the bare minimum work with and through your insurance company.
Don't sign anything without running it past somebody legal.
Almost certainly you won't know the extent of injury for weeks or a month, see a specialist and get some physical therapy or whatever they advise.
Don't sign anything.
Regards the car, their obligation is to make you whole, rental car until you have a satisfactory replacement car.
Don't sign anything, or speak directly to people who are not clearly on your side, and use some caution with even your own insurance.
Generally what you will get is an actual retail value from a dealership. My insurance company when my car was totaled got about 5 comparable from 5 different dealerships in the area based on advertised price. They gave me the average of the 5. The price you get should definitely be higher than kbb private sale.
If you are in California, those who tell you your health insurance won't cover the injuries, are 100% wrong. They are required by LAW to cover your injuries. If they don't pay they can be fined. In fact once they pay they will get their own lawyers involved who will sue the other driver and their insurance for compensation.
In the two cases I know personally the auto insurance and the medical insurance had their own lawyers involved in the lawsuits against the uninsured driver. So the people I know didn't have to pay any money for a lawyer, as a lawyer from the medical and auto insurance was provided. Though in both cases the people I know got almost 0 dollars of the judgement. They two insurance companies got basically everything.
In the two cases I know personally the auto insurance and the medical insurance had their own lawyers involved in the lawsuits against the uninsured driver. So the people I know didn't have to pay any money for a lawyer, as a lawyer from the medical and auto insurance was provided. Though in both cases the people I know got almost 0 dollars of the judgement. They two insurance companies got basically everything.
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JEDIYoda
Lifer
- Jul 13, 2005
- 33,986
- 3,320
- 126
immediately get a lawyer!!
Your insurance company is NOT going to look out for you!!
A good personal injury lawyer is the only way to go!!
My wife was hit riding her bycicle and was badly bruised!
The other party`s insurance offered to pay her medical and a lump sum for her to sign off that everything was OK!!
On my sisters advice my wife went to a personal injury lawyer who told us not sign anything and never talk with the insurance company!
Because she had a lawyer and followed his advice.....
She was having pain in her hip from being hit by the car and the fall.....3 months later they found she had a cracked hip bone.
Had she done what the insurance company wanted her to do she would have had no recourse.
As it is....the lawyer took his time and did everything the right way!!
Needless to say 18 months later...all medical bills were paid.......the lawyer received 33% of the settlement which is standard in California........she received....a 6 figure settlement!
Lawyer up.......then you have somebody whose only interest is looking out for your wif
Your insurance company is NOT going to look out for you!!
A good personal injury lawyer is the only way to go!!
My wife was hit riding her bycicle and was badly bruised!
The other party`s insurance offered to pay her medical and a lump sum for her to sign off that everything was OK!!
On my sisters advice my wife went to a personal injury lawyer who told us not sign anything and never talk with the insurance company!
Because she had a lawyer and followed his advice.....
She was having pain in her hip from being hit by the car and the fall.....3 months later they found she had a cracked hip bone.
Had she done what the insurance company wanted her to do she would have had no recourse.
As it is....the lawyer took his time and did everything the right way!!
Needless to say 18 months later...all medical bills were paid.......the lawyer received 33% of the settlement which is standard in California........she received....a 6 figure settlement!
Lawyer up.......then you have somebody whose only interest is looking out for your wif
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Printer Bandit
Lifer
- Mar 16, 2005
- 13,856
- 109
- 106
JEDIYoda
Lifer
- Jul 13, 2005
- 33,986
- 3,320
- 126
My wife was in a similar accident... t-boned an idiot turning across her lane of traffic at 45mph. A state highway patrolmen witnessed the accident.
We were moving to another town at the time and didn't want to deal with the hassle of negotiating with the insurance. Found a lawyer through a personal reference met with him once and he did the rest of the work.
My wife got medical bills plus 3x medical bills in pain/suffering settlement for a relatively minor whiplash injury. Lawyer took a third of the pain suffering + costs to obtain medical records. His settlement amount was based only on the pain/suffering not the actual damages of the care or actual medical bills.
Hopefully this gives you context for your personal settlement.
We were moving to another town at the time and didn't want to deal with the hassle of negotiating with the insurance. Found a lawyer through a personal reference met with him once and he did the rest of the work.
My wife got medical bills plus 3x medical bills in pain/suffering settlement for a relatively minor whiplash injury. Lawyer took a third of the pain suffering + costs to obtain medical records. His settlement amount was based only on the pain/suffering not the actual damages of the care or actual medical bills.
Hopefully this gives you context for your personal settlement.
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