Wife in accident, need advice

[Captante]

Admit it, you all secretly love us!

Yeah just like we love dentists!

 

[lupi]

In most places that I know of, your health insurance pays as primary and the car insurance would be a secondary payer.

 

[TechBoyJK]

Well, we've had her to the ER and shes been CT scanned, they think its just some pulled neck/shoulder muscles, but its true that it can be a bit for whiplash to show which is concerning but manageable.

I think shes ok, but in a bit of pain thats likely to last a week or so. At this point we both think her health is fine and we are now turning to the financial side of things.

neck pain could linger for years and only get worse.

She probably needs to get as much treatment as possible right away. Whiplash can fubar your neck for good. Like... carry that pain with you until you die.

Lawyer up. Put the pins to your insurance company to get as much as possible.

 

[Mursilis]

Well, after 16 years or so of driving, my wife had her first accident. Totally not her fault as she was sitting still at a red light and some douche nozzle rear ended her going about 45mph, no skid marks at all, cops think he was texting...

Take that scum for all he's worth. I seriously hope he loses his license. I HATE people who text/talk on cell phones while driving.

 

[DrPizza]

I was rear-ended 2 decades ago. I wish I had gotten professional medical help, but I'm a tough guy; it didn't hurt too bad. To this day, I still have neck problems, pain. Especially at night while trying to sleep. I've used every pillow on the market; none make any difference.

 

[zinfamous]

Seems to me when a party is clearly at fault, insurance companies are decent to deal with as long as you're reasonable. Doctor's bill, day off work, car rental for a week or two... All reasonable expenses. "Crippling" injuries, "emotional trauma" various bullshit... is more likely to get push back.

pretty much. Best thing I think is to set up appointment at Urgent Care and get checked out pronto. It's better for everyone to get real medical data from the physician, before approaching lawyers or insurance.

Insurance is going to be fronting the bill to him, anyway

 

[SunnyD]

You'll get depreciated value for the car if totaled or repair cost + rental, medical bills paid and a "settlement payment" from the other party's insurance once it's all said and done presuming you don't lawyer up. The settlement payment will be based on the amount of injury and/or loss for compensating work loss plus a trivial amount for "pain and suffering", etc.

My wife was in an accident a couple years ago, that's what we got when we handled it ourselves. In retrospect that was a bad idea. While lawyering up would have probably not gotten us a heck of a lot more (maybe 2x-3x?), it would have been a better idea since my wife still has some minor problems with her shoulder from the accident. It would have probably been worth it knowing what we know now.

 

[CoPhotoGuy]

I figured first pass I would try to deal with them myself, if they give me hassle I have no qualms about getting a lawyer to make them make things right. But I would at least initially prefer to keep things simple. Again, Im not looking to take them to the cleaners, but at the same time I dont want them to say, heres 2k have a nice day.

You need more than 2K - they need to cover medical costs as well. Sounds like your wife needs to go get checked out. I'm not saying make up BS medical crap but if she's injured get it taken care of.

 

[Imported]

Like others have said, lawyer up and do it sooner than later. Even waiting a few months to ask an attorney could be too long. That was my big mistake when we were rear ended a few years ago. Thought I could do everything by myself and with the other party's insurance.. In the end I would have been much better off getting a lawyer even after their fees.

 

[momeNt]

45mph is a serious accident!

Get a PI lawyer, there is no way you are going to be able to negotiate a deal that could cover the possibility of your wife having lingering neck pains.

Have you two tried having sex yet? Maybe her back makes sex difficult, then you need to negotiate in a lifetime of hookers and an expensive divorce from the injury settlement. This can get complicated really quick.

Good luck.

 

[IEC]

Lawyer up. Got rear ended at 50mph before. Driver had neck problems for YEARS.

 

[amddude]

lawyer, your own

 

[Scarpozzi]

Nobody wins in these situations.

If he has decent insurance, they're going to evaluate your vehicle and send you a figure for the fair-market value...which is sometimes lower than the KBB value...it varies. After they give you the figure, don't sign anything. Go out and figure out what the cost of a replacement vehicle with similar miles + tax is going to be and stick it to them with what your actual costs are going to be. They tend to lowball you as much as they can in these cases.

 

[lk2500]

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.

You are correct, posts deleted. Thanks.

 

[JTsyo]

45 mph is hella fast for an accident. My wife's friend was in an accident and seemed fine for a few days after but had issues in the spine. Then when she becomes pregnant, she had to be on bed rest the last trimester. If she hasn't already been checked out fully, make sure she is.

 

[Puppies04]

Well, after 16 years or so of driving, my wife had her first accident. Totally not her fault as she was sitting still at a red light and some douche nozzle rear ended her going about 45mph, no skid marks at all, cops think he was texting... anyway he was cited and we were given insurance info etc along with a copy of the police report.

Here's where I need some advice. The car is most likely going to be a total loss since it was an 03 Saturn ion. She has some mild injuries that are causing some pain and possibly making her miss work tomorrow.

With that said, how much should we expect from the guys insurance? The car books for private sell on kbb for about 2300, but I think being banged up should count for a bit as well. I dont expect to get rich or anything, but I want to make sure I get whats fair in the deal.

Im expecting a call from his insurance guy tomorrow and wanted to get an idea of what to shoot for before I did.

Thanks for any info/advice.

I highly doubt he was doing 45MPH when he hit her. She would very likely be in a hospital bed and at the least be off work for a few weeks. As for the "no skid marks" comment, pretty sure most cars have ABS now....

All that taken into consideration and keeping in mind you live in the country that started the craze of everyone suing everyone for everything that is swiftly sweeping the globe I would be aiming for enough to buy a new car.

 

[shortylickens]

Theres no skids because the guy didnt try to brake. He was completely unaware of his surroundings.

 

[z1ggy]

Theres no skids because the guy didnt try to brake. He was completely unaware of his surroundings.

The other day I must have been pretty unaware of my surroundings when I found skids... Just not in the road....

 

[RadiclDreamer]

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.

This is pretty much the route I was planning, I would prefer to keep it simple, and again, Im not looking for anything more than what is fair. She is still feeling fine other than the bruises and some neck and back soreness. The ER and her family doc have both told her she will be fine in short time. My main goal at the moment is to get some cash to buy a new ride, having one car sucks. My suv drinks the gas also...

 

[RadiclDreamer]

I highly doubt he was doing 45MPH when he hit her. She would very likely be in a hospital bed and at the least be off work for a few weeks. As for the "no skid marks" comment, pretty sure most cars have ABS now....

All that taken into consideration and keeping in mind you live in the country that started the craze of everyone suing everyone for everything that is swiftly sweeping the globe I would be aiming for enough to buy a new car.

I wasnt there to witness the accident personally, I am just going by the officer on scenes estimate of 35-45mph with no attempts to stop.

 

[RadiclDreamer]

45mph is a serious accident!


Have you two tried having sex yet? Maybe her back makes sex difficult, then you need to negotiate in a lifetime of hookers and an expensive divorce from the injury settlement. This can get complicated really quick.

Good luck.

I actually told her we needed to bring this up, I was promised a beej that night, but after the accident she was unable to perform....do you know the price of blowjobs in this economy?!?!

 

[OverVolt]

I actually told her we needed to bring this up, I was promised a beej that night, but after the accident she was unable to perform....do you know the price of blowjobs in this economy?!?!

I take it the wife is doing okay injury wise... lol

 

[Dari]

This is pretty much the route I was planning, I would prefer to keep it simple, and again, Im not looking for anything more than what is fair. She is still feeling fine other than the bruises and some neck and back soreness. The ER and her family doc have both told her she will be fine in short time. My main goal at the moment is to get some cash to buy a new ride, having one car sucks. My suv drinks the gas also...

So pretty much everyone says get a lawyer and you are going to do what you wanted to do in the first place? Seems like you wanted a confirmation of your decision. Going the quick and easy route is a win for everyone involved but you and your wife...

 

[mizzou]

Well, after 16 years or so of driving, my wife had her first accident. Totally not her fault as she was sitting still at a red light and some douche nozzle rear ended her going about 45mph, no skid marks at all, cops think he was texting... anyway he was cited and we were given insurance info etc along with a copy of the police report.

Here's where I need some advice. The car is most likely going to be a total loss since it was an 03 Saturn ion. She has some mild injuries that are causing some pain and possibly making her miss work tomorrow.

With that said, how much should we expect from the guys insurance? The car books for private sell on kbb for about 2300, but I think being banged up should count for a bit as well. I dont expect to get rich or anything, but I want to make sure I get whats fair in the deal.

Im expecting a call from his insurance guy tomorrow and wanted to get an idea of what to shoot for before I did.

Thanks for any info/advice.

What you do almost completely depends on the other persons insurance liability and what your coverages are on your own insurance. Your agent will help you appropriately, that's why you pay them the big bucks and not ATOT for legal advice.

 

[MrDudeMan]

What you do almost completely depends on the other persons insurance liability and what your coverages are on your own insurance. Your agent will help you appropriately, that's why you pay them the big bucks and not ATOT for legal advice.

His agent cares a lot less about him than a lawyer would because the lawyer can influence the outcome in his favor. The best an agent can do is minimize the company's payout, but that doesn't put anything in his pocket. Your statement is fundamentally incorrect.