3rd Major accident ..this time it hurts

[juzlookzfazt]

Just got into my 3rd accident and for the first time I may feel a little damaged from it. A couple scratches here and there but the damage that concerns me is my back. I feel slight pain right now in small random instances unless I raise my arm up then that's how I induce the pain. Anyway my question is to you all, at what reasonable point would you sue the other guy's insurance? I'm fairly new to the whole "guy + insurance vs guy + insurance" concept considering I've walked away from my previous two major accidents untouched. Advice? Thanks in advance guys. :shrug:

I was not at fault BTW.

 

[Satyr]

I would go see a doctor before pursuing legal action. At least you will have a good idea at what types of problem(s) you are facing.

 

[jerrad]

Why not figure out if you're actually hurt first? Also, why not wait to see if the other dude's insurance makes it right before suing?

 

[Common]

Why not figure out if you're actually hurt first? Also, why not wait to see if the other dude's insurance makes it right before suing?

Insurances don't just assume you're hurt and pay out. If he is not at fault, they will pay for the vehicle damages and call it a day. Unless he ended up in a hospital in which case they would foot the bill. In this instance OP obviously didn't go to the hospital yet.

 

[jerrad]

Insurances don't just assume you're hurt and pay out. If he is not at fault, they will pay for the vehicle damages and call it a day. Unless he ended up in a hospital in which case they would foot the bill. In this instance OP obviously didn't go to the hospital yet.

That's why I said to figure out if he was hurt first.

 

[Common]

That's why I said to figure out if he was hurt first.

Thing is, even if he finds out something is wrong at this point, they can't "make it right", he would likely have to sue for the damages. If he didn't get picked up by the ambulance at the scene of the accident, chances are they will think he is just looking for a quick buck and faking his injury.

 

[SNCBOOM]

3 major accidents? Damn

 

[SVT F15O]

Thing is, even if he finds out something is wrong at this point, they can't "make it right", he would likely have to sue for the damages. If he didn't get picked up by the ambulance at the scene of the accident, chances are they will think he is just looking for a quick buck and faking his injury.

If you tell the adjuster you are a little beat up they will try to "make it right" and send you a check for $500-$1000 in hopes you will go away.

 

[jerrad]

Thing is, even if he finds out something is wrong at this point, they can't "make it right", he would likely have to sue for the damages.

I agree about the sue thing. I'm just saying I'd find out if I was actually hurt before I lawyer'd up.

 

[Njc0las]

OP you need to stop driving around with 94convertiblev6.

Insurance companies don't care about you at all. You need to go to all out war from the get-go with them or else they'll screw you. It doesn't matter if you have an air-tight 100% legit claim, they will still try to fight you.

You may think you were untouched by those other accidents but for all you know, the pain you're having now originated from one of those other 2.. and you can bet that would be brought up in court.

 

[buckinwild]

You shouldn't have to sue anyone and you "might" fare better by not suing. If you had the police do an accident report, get a copy and submit it to your insurance company, they should cover any repairs and medical treatments at first then will submit a claim to the insurance company of the person at fault and get reimbursed on the back end and it should not count against you. You might have to pay your deductable but it should get refunded. I would go see a chiropractor at the very least if I were you. Once everything gets sorted out the insurance company of the person at fault should offer you a check for pain and suffering, I think mine was something like $1400 or so but I've heard of people getting more or less depending on severity of injury. By accepting the check you will be releasing the other persons insurance company from any future claims. They may offer you a deal where you get less money but agree to cover any addition medical cost for you. There was a 3rd person from the middle vehicle who was checked out by ems at the scene since his head busted out the back window of his truck but never went for any other treatment, he got same amount of pain and suffering money as I did and I had about a months worth of chiro visits. Not sure how it would be handled without a police report if thats the case.

 

[CobraBob]

Here is some very good advise from someone who has been through this. If you are feeling ANY pain as a result of the accident then you absolutely MUST get it checked out ASAP, and then if it is established that you have back trauma of any type get a lawyer ASAP. Why? Because in many cases physical damage as a result of an accident can be delayed for days or even weeks. This is why many people go to the hospital for a check-up after an accident. I got rear-ended a few years ago and my back only slightly hurt after the accident. I was honestly going to dismiss it. I was advised the next day that I check it out with my chiropractor. That is when I found out that damaged muscles, etc. don't always immediately manifest themselves. I did indeed have back spine/muscle trauma resulting from the accident, and it was recommended that I have it further checked and get treatment. Which I did. I got an attorney that very day and filed a lawsuit for ONE reason. To insure that ALL of my doctor bills and treatments would be reimbursed. I absolutely wasn't going to deal with the other insurance company knowing they'd likely fight a claim for injury without an attorney involved. It's a good thing I did it because I had to go for almost a month's worth of treatments and therepy before my back was normal again. I ran up a big bill. The initial pain, by the way, increased a week later (before I actually started treatment), and the other insurance company tried to say the pain was likely caused by a prior injury or something other than the guy rear-ending me. My attorney wanted me to take the suit to court because I had such a solid case, but I decided against it. I wasn't looking to get rich on it. Just wanted my expenses paid. The other insurance then paid for over $5,000. worth of treatments and physical therapy, and paid me an additional $3,000. for pain and suffering which my attorney demanded. Had I just dismissed the initial pain, it is likely it would have been tough to prove later that it was accident related. And insurance companies don't pay money out for injury claims that aren't substantiated. They can play very tough. Which is where a good lawyer is valuable. Because insurance companies use lawyers of their own.

So get that "slight" pain checked ASAP. Trust me, you'd be doing the right thing because your future physical health can lie in the balance.

 

[CobraBob]

One other comment. Buckinwild offered some practical advise and everything seemed to work out well for him. However, not all insurance companies work that well with claims, especially when there isn't a sufficient amount of documentation/evidence to prove an injury. They do get scammed frequently with false injury claims, so they often fight hard to pay out. There is nothing wrong with following his advice. I didn't want to have to deal with anything (including my own insurance company) so I chose the safest road to a settlement, which was to use my own attorney. My own insurance agent told me that what I was doing was the best thing. So choose which way you're most comfortable with. But most important, GET CHECKED OUT BY A PROFESSIONAL.

 

[Camaro_94]

My advise... Go to a doctor. Find out whats wrong, then get a lawyer if you do have problems.

Insurance companies are a total bitch to deal with. They dont want to help you, and sometimes it seems like they just like to argue with you for the hell of it. Good luck!

 

[juzlookzfazt]

I'm feeling a lot better now. It seems like too much of a hassle. I felt no pain at the time of the crash only slight amounts the night of, now I feel fine other than a couple scratches and a bump on my leg. I just needed to know my options and at what point should I employ em. Talked to my insurance guy and he said let em know ASAP and they'll start up the medical coverage for me but I'll be certain of any pain or not within a few weeks I suppose.

 

[jerrad]

I'm feeling a lot better now. It seems like too much of a hassle. I felt no pain at the time of the crash only slight amounts the night of, now I feel fine other than a couple scratches and a bump on my leg. I just needed to know my options and at what point should I employ em. Talked to my insurance guy and he said let em know ASAP and they'll start up the medical coverage for me but I'll be certain of any pain or not within a few weeks I suppose.

Good to hear your not feeling bad.
You still might go to the dr. just to make sure nothing's hiding.

 

[drewkeen]

OP you need to stop driving around with 94convertiblev6.

94convertiblev6 is probably the one with a hurting lower back now thanks to his new roommate Bubba.

 

[thomas91169]

If his insurance is going to foot the bill for your car repairs, they will also foot any bills for your medical.

Id go to a chiropractor honestly. Theyll get you all adjusted and back into shape, but itll take some time. Unless you just want drugz to ease the pain for short term and be messed up the rest of your life. My chiro helped me get a nice settlement when I was rear ended, but then again I was already seeing a chiro for a long time prior to that so there was proof i wasnt after a quick buck. Still that settlement funded my Evo16g+support on my 97 Spyder.

 

[juzlookzfazt]

I really don't think I needa go that far cuz I can walk, turn and twist normally.

Now I have one concern that's more probable and was wondering if anyone here ran into this before.

I have a loan out for my car and I owe $9500 on it. Its going to be a 50/50 on either repair / total. If they total it and low ball me, which I'm sure they will if it is totaled, anyone know my options? I tried contacting lawyers in my area and I got the message that property damages aren't worth the pursuit if there aren't any medical injuries. Yeah its a money making concept but I was wondering how the hell can I get rid of the remaining balance if it is totaled? I honestly don't feel I should be paying for the remainder of a loan that wasn't even my fault to begin with. I didn't get GAP insurance ..stupid me I know.

 

[Ass Eyes]

Soft tissue injury is difficult to prove. Further, insurance companies will blow you off unless and until you become so annoying (via a rabid lawyer type) that they finally pay. Ask me how I know...

I have a buddy who used to be the first line of defense at a major insurer. His job was to pay claims below 15K. He would deny, stall, outright lie in hopes the claimants would give up - most do in the face of this tactic. If your claim is more than their first-level threshold it takes time, patience and a thick skin to get to the next level.

Another thing to be aware of is a cute little thing the insurance guys don't want you to know about - diminished value. Your rig got hit and, if fixed, is no longer worth what it was before the wreck even though the repair shop says it's better than new. We all know that a branded title affects value significantly. The insurance companies know it too but won't tell you or won't admit it if pushed. Hold your ground and you'll eventually get your car fixed AND a check for the difference between what it was worth before it took the hit and the day you get it back from the shop.