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Posted

Hey folks,

Last week, my wife was in the minivan at a stop and got rear-ended. Car was a total loss and they accepted responsibility. I'm looking at the prospect of the 5-yo vehicle's cash value settlement leaving us thousands short of a reasonable replacement. She's had back surgery in the past and has already seen the orthopedist and we're concerned about long term effects based on her history. Looks like we'll have to lawyer up...but beyond that, have any of you guys been in a similar situation? Any advice for navigating this minefield?

At one level, I'm pissed and just want to be made whole but now it looks like we're in for a bit of a tussle. Funny how things can change in an instant.

Wilkey

Posted

While I cannot offer any advice because here in quebec we have a no responsibility system...i.e when a accident occurs, each indiviuals insurance carrier takes care of their client, and we cannot sue or anything, if bodyly harm occurs the quebec automobile insurance society will take care of med bills, time off work, ect...Basically i'm of no help, but I do want to wish you good luck and hope there is no long term harm to your wife and hope she is back on her feet asap.

Posted

I wish I could tell you not to lawyer up Wilkey but when you gotta' you gotta'! I think it was an auto accident that caused the scoliosis in my back... of course it could have been the 1000 times I crashed a dirt bike!

I can only say that I hope your wife is better and lend some prayers to that effect. As far at the vehicle goes I would ask the insurance company to replace it. Ask them to find one the same type and miles and get you a new one! That way you settle on real market value if that suits you.

I had a friend crash my '68 SS Chevelle when I was a kid. His insurance offered me $800 dollars to total a collector car! They ended up paying a couple of grand to have it fixed instead when they saw the prices of '68 SS Chevelles on the market after I then requested that they find me another SS, with an M-22 four speed, big block and 12 bolt posi...

Don't be to eager to settle. If it means that they rent you a car for a while make them put you into a rental!

I have only been in one accident where I was driving. A kid blew a stop sign and t-boned me in my wife's Excursion. After fighting the kids insurance a while they finally capitulated after the police wrote that it was obvious that kid hit me in the side. I took it to their recommend shop and made them put me in a luxury SUV in the mean time. I made them replace what they took from me. I even made them pay the difference in fuel costs between diesel and gasoline as diesel was far cheaper at the time, because they put me off so badly by fighting with me. After months of repairs I refused to take the car after several inspections; three to be exact. In the end the car was redone by a shop of my choosing and they paid to have the vehicle repaired twice... and paid 11 months rental car fees for me. The rental alone was 27K! The job was done right and we still have the truck. I do suppose that they back-charged the first repair company.

While I don't condone taking an insurance company to the cleaners because you can... I am suggesting that you go to the efforts to put you back honestly, to where you were before the accident. It is a lot of work unfortunately because of all the folks who abuse the system. If I had stopped before the shop had done a fair job of repairing my wifes truck... I am sure it would be trash by now. They should have just bought us a new one... but that is insurance companies for you! It was not my fault that their shop took short cuts either and poorly finished the job! When I finally took the car to a shop of my choosing the shop manager, also approved by the same insurance company said to me, "I will call the rep today and explain that I have to take the entire car apart again to fix all the errors of the previous shop!" And that he did! I never hired an attorney... I just threatened it a lot. I also threatened to have my insurance take over and simply subrogate with them. I don't think they liked the idea of taking on my insurance either!

Best of luck my friend. -R

Posted

Not too much advice I can offer I'm afraid apart from try to get second opinions on the state of the car. My Mum did something similar to your wife a few years abcka nd the car was declared totaled by the insurance company and they crushed it.

We saw it driving around a year later in the same town with a new owner...

Posted

Be really careful if the guy's insurance tries ti get you to sign any paperwork. You do sang want to sign your rights away. This seems simple but a lot of people sign something they shouldn't and get stuck with a low settlement. Assuming you've paid insurance since you've owned a car it is your right to get compensated adequately. If that takes a lawyer then get one.

Posted

why would your wife being rear ended be her fault? I have always been under the impression that if somebody hits you from behind, it is 99.99% their fault.

How about a sudden stop; without warning; at a time or place it would not ordinarily be expected?

How about two cars in a parking lot backing in to each other?

...

Posted

Hey folks,

Last week, my wife was in the minivan at a stop and got rear-ended. Car was a total loss and they accepted responsibility. I'm looking at the prospect of the 5-yo vehicle's cash value settlement leaving us thousands short of a reasonable replacement. She's had back surgery in the past and has already seen the orthopedist and we're concerned about long term effects based on her history. Looks like we'll have to lawyer up...but beyond that, have any of you guys been in a similar situation? Any advice for navigating this minefield?

At one level, I'm pissed and just want to be made whole but now it looks like we're in for a bit of a tussle. Funny how things can change in an instant.

Wilkey

20-year auto accident lawyer here...

Sorry she got hurt. That sucks!

If she liked the orthopaedic/neuro-surgeon (not personality) who did her original surgery, that is the very best doctor for her to go back to, unless her re-injury is so severe that she is an immediate surgery candidate.

As to the car: It's value is the cost to replace it in your general community. Not dealer asking price. If you are "upside-down on its value v. what you owe, it is highly likely you are s.o.l. on the difference- unless you have gap or replacement coverage of your own. Do some research on its value on your own. New or rebuilt transmissions or motors add to the value. So does recent restoration, but not new tires or rims- unless they were something very special. What about any sales tax on the totaled or new vehicle? Registration fee? Tag transfer fee? Rental or loss of use?

It is vital that proper damage photos be taken of your wife's and the at fault driver's vehicles. Include the whole vehicle in the frame- not just the damaged parts. Think: Would this photo convince an ordinary person that my wife was injured in the crash- solely based on the photo. In this digital age, snap a good 25-50+ shots, varying your angle slightly each time. If there is compaction of the rear of the vehicle take pictures of that too If there was anything damaged inside the vehicle (broken seat-back, gear shift, glove box orr any intrusion in to the vehicle, photo that too. If the frame was bent, get it on a lift for more photos. You may need to hunt the vehicle down, but get it done ASAP. The reason suggest you take dozens and dozens of photos is that you no longer pay for developing and when you take that many, two or three happen to come out perfect!!!

Also, if your wife has any bruising, abrasions, scuffs or lacerations, photo them ow, before they go away.

No written or recorded statements or discussions of your wife's accident with any insurance company (even your own) unless it solely pertains to the total loss of the vehicle- nothing sabout her injury. Nothing about her prior surgery for now. Keep your wife 100% out of this. Replace the vehicle ASAP as this is a major stressor. I know your wife got hurt and your vehicle ruined, but if the other driver wasn't drinking or intoxicated or grossly exceeeding the speed limit, etc., try to let go of your anger at the other driver. It is unhealthy for you and, we all make driving mistakes in our lives that could easily cause crashes. You need to protect yourselves enmotionally or you will do damage to your selves. Don't take it out on his insurance adjuster either. Adjusters will pay more to polit people as opposed to those who treat them like ****.

If you are going to hire a lawyer, do so immediately. Let him/her do all the work. Get him or her to tell you what to do to document injuries and what to say and not say to the doctor(s).am not advocating lying by omission, just learning how you need to communicate in the best way(s).

Where are you? In the U.S. or elswhere? I will do everything I can to help you free- I am not looking to represent you! PM me if you need any help at all, whenever you may need to!

Posted

The person who stops suddenly is not at fault in your first situation. One of the first rules of driving is to always give yourself enough room to stop in case of this. Thats why tailgating is stupid as it will only negatively affect you and your insurance premiums. As for the parking lot situation, use your mirrors, get some glasses, and youll be alright...lol

I beg to differ on the sudden stop. Printed law here says otherwise.

In a perfect, ideal world, you are correct and crashes would virtually never occur. But, that is not the case. Much depends on the circumstances too. Fault isn't always "black and white". In some states and countries it can be proportionally shared.

Here is another example: You are stopped in traffic. Another car is stopped behind you at a safe distance. That driver is struck in the rear so hard that his/her vehicle strikes the rear of the your car. Rhetorically: Where is the fault on the part of the second driver whose vehicle struck the first driver's vehicle.

And, yet another: What if the other driver unexpectedly and without warning, suffers an unforeseeable, debilitating stroke, heart attack or seizure?

We all come from different cultures, states and countries- and have different experiences regarding these types of matters- perhaps that is where you and I differ on this matter.

Posted

I hope you get your situation resolved adequately,Wilkey,and your wife is ok.

Here in London,I see people talking on phones,while eating a sandwhich while driving,may as well be doing some knitting.

No wonder they sail into the rear of others cars.

I beg to differ on the sudden stop. Printed law here says otherwise.

In a perfect, ideal world, you are correct and crashes would virtually never occur. But, that is not the case. Much depends on the circumstances too. Fault isn't always "black and white". In some states and countries it can be proportionally shared.

Here is another example: You are stopped in traffic. Another car is stopped behind you at a safe distance. That driver is struck in the rear so hard that his/her vehicle strikes the rear of the your car. Rhetorically: Where is the fault on the part of the second driver whose vehicle struck the first driver's vehicle.

And, yet another: What if the other driver unexpectedly and without warning, suffers an unforeseeable, debilitating stroke, heart attack or seizure?

We all come from different cultures, states and countries- and have different experiences regarding these types of matters- perhaps that is where you and I differ on this matter.

An interesting addition to this.

A relatively new scam has appeared here in London.

Some scumbags are fitting a switch to their rear break lights.

They then approach a roundabout normally,with the lights on green,and then break suddenly,with no brake light showing,the car in behind them rearends them.

Even if it was a minor bump,they then claim for whiplash,massive car damage,people who weren't even in the car in some cases!

These are the reasons our car insurance is rocketing.....scumbags...

Posted

My wife has been rear ended - twice. Totaled out the car both times. She needed physical therapy both times.

Get a lawyer. And, get a good one. Don't pick one that just sends you a letter.

Document EVERYTHING such as her levels of pain, when she goes to the doctor, how much work she misses, things you can't do because she's not feeling well... etc...

I didn't believe in the whole pain and suffering lawsuit thing until I watched my wife go through the first two years of physical therapy for being rear ended the first time while she was stopped at a red light. She had some back/neck issues for some time. It did limit her mobility.

The second time, we bought a vehicle that was highly rated for it's crash test rating. She got rear ended by a semi truck going 45mph while she was stopped at a stop-light. Amazingly, the vehicle (a Hyundai Tuscon) absorbed most of the impact, looked liked you would expect it to look if something got hit by a semi... and she had 3 months of PT.

So, if you can afford it, get something with a great crash rating the second time around.

And, make your wife do whatever the doctors tell her. We're lucky. My wife now runs races on a regular basis, bikes, and does all kinds of physical activity... where she could barely walk across the house after the first time.

How this will play out for you obviously depends on where you live. Some folks here say that "fault isn't black and white" but where I live, it actually gets determined based on the police report and some law related percentages... so it is black and white here... after the police report is done. Which, helped our instances last no longer than a year in getting payment for our situation.

But, no matter what, your wife will have some sort of recovery ahead of her. Pain makes a person irritable... so try to stay strong and be supportive. Best of luck and wishes to you and her.

Posted

JT,

Thank you much for relating your experience. It helps alot.

This is the kind of learning and experience that nobody hopes to get first hand...but there it is.

Wilkey

Posted

Wilkey, I hope that everything turns out okay...and hoping your wife feels better

watch out for their insurance company trying to use the "pre-existing" stuff in regards to your wife's

injuries

Posted

JT,

Thank you much for relating your experience. It helps alot.

This is the kind of learning and experience that nobody hopes to get first hand...but there it is.

Wilkey

You're welcome. It is a terrible thing. I wish you and especially your wife were not in this situation.

Where I live, we have a local magazine that every year, publishes a "best of" for local professionals. It lists accountants, doctors and lawyers. If you have a local magazine for your city/area, see if they have one. That way you at least have an idea you're getting a good personal injury lawyer. Normally the big firms that specialize in it make lots of money because they are good at what they do. The thing is, the percentage they charge for their fee is normally the same... so... might as well go with the bigger, better firm.

OH. And... my suggestion... whatever you do... DON'T talk to the other person's insurance company, or their lawyer. They will try to convince you that they need to talk to you in order to process your claim/suit. But, their questions are just geared towards getting you to say something that damages your claim. And, if you have the same insurance company as the other person, just talk to your attorney. (This seems to line up with previous posts from others... but... I think it bears repeating...)

I'm not a lawyer, so you'll of course want to check with yours to ensure that what I am saying applies to your situation.

Posted

Best wishes to your wife, Wilkey, for a speedy recovery and all to be fine.

From what I see into with this, and as much as I personally don't like to do it, yes, definitely "lawyer up". If there is a huge price difference on the 5-year-old vehicle, and an out-of-pocket cost that you incur with the price difference with the insurance company, then the person that hit your wife is on the hook for it. If it's their fault, and/or they've admitted/assumed fault, then the onus is on them to cover the difference.

Again, best wishes. No matter what, it's a car accident that was walked away from, and not a worse outcome - all the other things are small potatoes in comparision to that. There's a celebration point right there.

Posted

other party is liable, lawyer up, document document document ... you will arrive at a mutually acceptable level.

Posted

Get a lawyer you trust and have everything go through him. Once you have a lawyer I'm sure he will tell you not to talk to the other party or their insurance company without him being present. We went through this and settling this will take some time as the extent of your wife's injuries are not yet known. The car is a tough one, but you can argue for replacement value and reject the blue book value. Start looking around for used cars that are comparable so you know the cost of replacing your vehicle. Keep track of the number of hours that you and your wife use going to doctors and any sick leave she uses to cover these trips or time off because of the accident. A good laywer can get you compensated for these costs. I hope your wife is okay, my wife has suffered from whiplash from being rear ended a couple of times. I hope things work out for you and your wife.

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