Hat Trick Posted May 31, 2007 Share Posted May 31, 2007 I have some questions about a bad accident I was in a few months ago. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted June 1, 2007 Author Share Posted June 1, 2007 bump Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted June 2, 2007 Share Posted June 2, 2007 Bump Sorry for buttin' in but.... Hat could really use some good advice. Quote Link to comment Share on other sites More sharing options...
Thews40 Posted June 3, 2007 Share Posted June 3, 2007 (edited) I have some questions about a bad accident I was in a few months ago. what happened? Edited June 3, 2007 by Thews40 Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted June 4, 2007 Author Share Posted June 4, 2007 what happened? I was involved in an auto accident and it's a pretty long story so I'll shorten it a little. I was stuck behind some traffic for a car wanting to turn left across traffic and put on my blinker to get into the right lane and when I did the car behind me tried to do the same thing at the same time and nearly hit me from behind. She starting honking, flipping me off and yelling. She did not use her blinker to indicate she was going to switch lanes. We proceeded another mile with her riding my bumper, VERY closely! We switched lanes on time before coming upon another vehicle wanting to go left and I got back into the right lane again and then passes the slowing vehicle and then got back in the left lane, she stayed in that lane and put the gas to the floor and was approaching a car in her lane (Ithought she was going to ram that car, but at the last second she whips over and passes in between us, somehow without hitting either of us, had I not braked she probably would have taken me out. She almost lost control of her vehicle from the pass/swerve. We went forward about another 1/4 mile and came upon a stop light where I was now behind her and there was around 4-5 cars in each lane in front of us. The light turned green and we all went forward, about 1/4 mile or less after the light, a truck in front of said vehicle and said vehicle switched from the left lane to the right to pass 2 or 3 slower moving cars in the left lane. I followed, albeit a little ways back from said vehicle. Once I cleared the slower traffic in the left lane I got into that lane. Said vehicle was still in the right lane and I passed her in the fast lane. I had to slow down just to slow down and I was approaching another vehicle in my lane, but just before I hit my brakes she whips over in behind me and I braked, she was so close she had no time to react and she creamed me, lifting my car up off the ground and sending me in a spin. I ended up jumping a median sideways and came to a halt. Now in the police report it says that she got out of her car, walked over and made sure I was okay, but that's not what happened. She started screaming and cursing at me and crying. Another vehicle stopped on the other side of the road. I didn't get out of my car for a couple minutes cause I called my sitter to tell them I wouldn't be on time to pick up my child. I then stood up out of the vehicle and checked it over really quick and called my wife to phone the police, she asked if I was okay and I said my neck hurt, she told me to get back in the car and dont move, which I did. Meanwhile this we'll call her BIATCH now is talking to this other car on the other side of the road, still crying and talking to them (I can't hear what they are saying at all). The police show up and he talks to her first and then goes over to the vehicle that had stopped and says something to them and they leave he then comes over and asks me if I'm okay, I say no and go to the hospital. Basically, she's saying that I cut her off and that's why she hit me, saying it was all my fault. Now that's the farthest from the truth for sure, she may have felt I cut her off where this all started but that's somewhat irrelevant now, somewhat. Here's where I need the advice. I file a claim against her insurance, they take a statement go through lots of questions, the guy is being a complete ahole to me the whole time. Two to Three days go by and I need a vehicle to be able to go to and from the doctor and picking up my kids. I call this ahole back and tell him I need a rental and blah blah, he says I cannot help you, if you need your car fixed or need a rental your going to have to call your insured to get that done. So that's what I do. I file a claim get a rental go through everything. Pay my deductible and get my car back. Meanwhile I found out the other insurance company is denying responsibility saying the wreck is my fault and they have a witness to the scene of the accident. Now on the police report it states that there were no witnesses to the accident. The police did not ticket her nor me as they couldn't prove whose story was false or true. But on the police report it states that the cause of the accident was following too closely/unable to maintain control of vehicle. So my insurance company goes through 3 weeks of leaving messages for the other insured and ahole and he never calls them back. My insured is saying no way i am at fault, she hit me, not the other way around. So the case goes to segrogation I believe and they try and get the other insured to take responsibility, they have to respond to that and they do, still stating that the accident is my fault. So now it goes in front of an arbitrary panel consisting of one member from each insured and an unbiased opinion. So meanwhile during all this, I'm off work for 6 weeks, going to physical therapy and I am in lots of pain, unable to do really, ANYTHING and I mean ANYTHING. So now for my question. My insurance company has said this could take 3-6 months before I know what the arbitrary panel decides, and that I should wait to seek and attorney until this is all settled between them. I dont want to wait, I didn't do anything wrong and here I am having to pay all these medical bills as my insurance covered very little. I want my money back and I want compensated for this f'n mess. I am furious and I want action taken. What am I supposed to do at this point? Do I really wait? Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted July 31, 2007 Author Share Posted July 31, 2007 (edited) Hearing set for 9/14/07 for the two companies to go head to head on this. I am still waiting for all this to play out, hoping to avoid a lawyer and having to sue, but if they don;t pony up what I feel is fair I will have to go that route. Edited July 31, 2007 by Hat Trick Quote Link to comment Share on other sites More sharing options...
Dr. Love Posted July 31, 2007 Share Posted July 31, 2007 (edited) Maybe this is only in Michigan, but the person who rear-ends the other person is usually guilty by default unless there's concrete proof that it was the front car's fault. I thought this was the rule everywhere. She should have gotten a ticket. Edited to add: I guess this is the one time where no-fault insurance wouldn't completely suck balls. Edited July 31, 2007 by Dr. Love Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted July 31, 2007 Author Share Posted July 31, 2007 Maybe this is only in Michigan, but the person who rear-ends the other person is usually guilty by default unless there's concrete proof that it was the front car's fault. I thought this was the rule everywhere. She should have gotten a ticket. Edited to add: I guess this is the one time where no-fault insurance wouldn't completely suck balls. You'd think so. It was clearly her fault, not sure why she wasn't given a ticket but on the police report it states that the cause of the wreck was following too closely Quote Link to comment Share on other sites More sharing options...
polksalet Posted July 31, 2007 Share Posted July 31, 2007 (edited) Insurance is a scam. I would get the slimiest ambulance chaser I could find and hound them all. Edited July 31, 2007 by polksalet Quote Link to comment Share on other sites More sharing options...
Puddy Posted July 31, 2007 Share Posted July 31, 2007 You'd think so. It was clearly her fault, not sure why she wasn't given a ticket but on the police report it states that the cause of the wreck was following too closely Well, any attorney should be able to take this little nugget and get you a settlement. Quote Link to comment Share on other sites More sharing options...
Bill Swerski Posted July 31, 2007 Share Posted July 31, 2007 Holy crap, dude! I'm glad that you're OK. I would make it my mission in life to take this b!tch down. Good luck. Quote Link to comment Share on other sites More sharing options...
Sox Posted August 1, 2007 Share Posted August 1, 2007 She didn't maintain an assured safe distance if she hit you from the rear.The police report even states so. I think you'll be ok.The insurance companies will fight it out,your company will show them what the police report states,and they'll probably settle. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 1, 2007 Author Share Posted August 1, 2007 (edited) She didn't maintain an assured safe distance if she hit you from the rear.The police report even states so. I think you'll be ok.The insurance companies will fight it out,your company will show them what the police report states,and they'll probably settle. I sure hope so, although the other company had the report within 3 days of the accident cause I went and paid for it and faxed it to them. They are still fighting tooth and nail. Regardless, my insurance company has given me the go ahead to proceed with a lawsuit or whatever course of action I want to pursue but I'm in no hurry at this point. I'll wait and find out hat happens and then go on them. Edited August 1, 2007 by Hat Trick Quote Link to comment Share on other sites More sharing options...
Ill Nuts Posted August 1, 2007 Share Posted August 1, 2007 OK, I used to sell insurance in a past life and if my memory from underwriting class serves me correctly, you should be fine. Basically anytime you hit someone from behind, it's on you. You're responsible for not hitting the traffic in front of you. It should be a matter of strict liability, like a dog bite. No matter the circumstances, you hit the back of a car, it's your fault. The one exception is if someone can PROVE that you stopped up way short, but this almost never happens. Who's her company anyways? It's really pretty unusual for them to fight it that hard if it's a clear case of thier insured rear-ending someone. Unless it's Amica or State Farm or something. Either way, if it is in fact going to arbitration, you should some out fine. I cant believe they'd want to do that when it's obviously their insureds fault, but hey, let em lose. The best thing you can do is make absolutely sure that the accident doesn't go down on "the record" as your fault, ask your insurance company if they started subrogation against the other insurance company. This is the secret word for dealing with claims jerk-offs, "subrogation" They will realize that you know one of thier secret insurance words of power and will have to do what you say and lavish you with expensive gifts. Quote Link to comment Share on other sites More sharing options...
DemonKnight Posted August 1, 2007 Share Posted August 1, 2007 "Its called the Swoop and Stop." I used to work for Geico although not in the claims dept. I will agree with everything posted. The police report should be enough to ensure that your insurance wont have to foot the bill for this accident. In any case, I would have retained an attorney at the first hint of trouble from her insurance. The legal fees will be covered in your settlement so you really have nothing to lose. Both of these companies have lawyers on staff so you really need someone in your corner. Dont bring a knife to a gun fight. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 1, 2007 Author Share Posted August 1, 2007 OK, I used to sell insurance in a past life and if my memory from underwriting class serves me correctly, you should be fine. Basically anytime you hit someone from behind, it's on you. You're responsible for not hitting the traffic in front of you. It should be a matter of strict liability, like a dog bite. No matter the circumstances, you hit the back of a car, it's your fault. The one exception is if someone can PROVE that you stopped up way short, but this almost never happens. Who's her company anyways? It's really pretty unusual for them to fight it that hard if it's a clear case of thier insured rear-ending someone. Unless it's Amica or State Farm or something. Either way, if it is in fact going to arbitration, you should some out fine. I cant believe they'd want to do that when it's obviously their insureds fault, but hey, let em lose. The best thing you can do is make absolutely sure that the accident doesn't go down on "the record" as your fault, ask your insurance company if they started subrogation against the other insurance company. This is the secret word for dealing with claims jerk-offs, "subrogation" They will realize that you know one of thier secret insurance words of power and will have to do what you say and lavish you with expensive gifts. Mine : State Farm Hers: American Family arbitration, subrogation, yeah all those things, it's going down that path. Sept 14th the hearing takes place where they duke it out. I kind of want to get a lawyer, buyt where to start? I'm not going to just open up the yellow pages. Quote Link to comment Share on other sites More sharing options...
Ill Nuts Posted August 1, 2007 Share Posted August 1, 2007 Oh you got State Farm? You'll be fine then. As far as a lawyer is concerned, I'd say don't bother as long as you're just looking to get the car fixed and not pay for anything and thank you have a nice day. If you're going to PT and have medical stuff going on, then it gets a little more involved. The problem with most scumbag ambulance chaser traffic accident lawyers is they're gonna want you to have 8000 MRI's done, concoct some bullSega! "soft tissue damage" phony injury from a crooked doctor, have you PAY for it all out of pocket (don't worry, you'll see the money in 5 years or so) while they sit back and collect 33% sometime down the road. Unless your insurance company is ignoring you, giving you some story or something they're usually more of a hassle and an impediment to getting things resolved. If you had Joe's house of discount car insurance it'd be one thing, but with state farm in your corner, I'd say only go that route if SF is dropping the ball, not working to represent you. Another thing to bear in mind is that usually once you retain an attorney, your insurance company can just say "well let them handle it then" and unless your lawyer kicks major ass, it'll usually take longer to get settled. Think about it, your either represented by a ginourmous corporation with income in the billions, or Vincent Trantolo, of Trantolo and Trantolo. Either way with the police report saying what it does, the other driver will almost certainly be found AF (at fault, see the magic insurance words?) unless the arbitraitor is on the take or something. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 1, 2007 Author Share Posted August 1, 2007 Oh you got State Farm? You'll be fine then. As far as a lawyer is concerned, I'd say don't bother as long as you're just looking to get the car fixed and not pay for anything and thank you have a nice day. If you're going to PT and have medical stuff going on, then it gets a little more involved. The problem with most scumbag ambulance chaser traffic accident lawyers is they're gonna want you to have 8000 MRI's done, concoct some bullSega! "soft tissue damage" phony injury from a crooked doctor, have you PAY for it all out of pocket (don't worry, you'll see the money in 5 years or so) while they sit back and collect 33% sometime down the road. Unless your insurance company is ignoring you, giving you some story or something they're usually more of a hassle and an impediment to getting things resolved. If you had Joe's house of discount car insurance it'd be one thing, but with state farm in your corner, I'd say only go that route if SF is dropping the ball, not working to represent you. Another thing to bear in mind is that usually once you retain an attorney, your insurance company can just say "well let them handle it then" and unless your lawyer kicks major ass, it'll usually take longer to get settled. Think about it, your either represented by a ginourmous corporation with income in the billions, or Vincent Trantolo, of Trantolo and Trantolo. Either way with the police report saying what it does, the other driver will almost certainly be found AF (at fault, see the magic insurance words?) unless the arbitraitor is on the take or something. State Farm wont go after any PT, hospital, ambul;ance, basically anything medical. I was on STD for 6 weeks. Quote Link to comment Share on other sites More sharing options...
alexgaddis Posted August 1, 2007 Share Posted August 1, 2007 State Farm wont go after any PT, hospital, ambul;ance, basically anything medical. I was on STD for 6 weeks. That must have been some rear ending...ba dump bump... Quote Link to comment Share on other sites More sharing options...
Ill Nuts Posted August 1, 2007 Share Posted August 1, 2007 State Farm wont go after any PT, hospital, ambul;ance, basically anything medical. I was on STD for 6 weeks. Lame, do you have Med Pay on your own policy? Did they give you a good answer as to why they won't pursue any of that from the other party? Sometimes you really have to be firm with your own company, it's bullSega!, but so is insurance (that's why I do other things for a living nowadays). If SF won't budge, then you might need to go the lawyer route for any medical expenses incurred. Just make sure your attorney is helping you more than helping himself, don't put yourself out of pocket for ANY tests, etc. The more you spend, the bigger their cut if you win a settlement, remember. If you're up front with them right away and just say I'm not going to do anything I don't deem medically nessecary, they prolly wont try to hustle you too much. Quote Link to comment Share on other sites More sharing options...
cre8tiff Posted August 1, 2007 Share Posted August 1, 2007 I know a cop in Leawood. Maybe he would have the name of a reputable traffic lawyer... As long as you promise not to fish out his pet catfish, that is. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 1, 2007 Author Share Posted August 1, 2007 I know a cop in Leawood. Maybe he would have the name of a reputable traffic lawyer... As long as you promise not to fish out his pet catfish, that is. K, would prefer a lawyer in MO though. Is it a private lake? Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 1, 2007 Author Share Posted August 1, 2007 Lame, do you have Med Pay on your own policy?I dont think so, just covering the other party Did they give you a good answer as to why they won't pursue any of that from the other party? Something a long the lines of all we are going to pursue is the accident portion and they were going to almost positively assure me I was going to get my deductible back, and that's pretty much all they said. I didn't really feel I had any say so after their comment.Sometimes you really have to be firm with your own company, it's bullSega!, but so is insurance (that's why I do other things for a living nowadays). If SF won't budge, then you might need to go the lawyer route for any medical expenses incurred. Just make sure your attorney is helping you more than helping himself, don't put yourself out of pocket for ANY tests, etc. The more you spend, the bigger their cut if you win a settlement, remember. If you're up front with them right away and just say I'm not going to do anything I don't deem medically nessecary, they prolly wont try to hustle you too much. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.