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T-boned at stoplight....now what?


T-boned at stoplight....now what?

Old 07-10-2013, 03:49 PM
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my wife was rearended 18months ago driver even hit her twice. don't sign anything don't give statement to opposing ins co. until you talk with lawyer. you have the high hand right now negotiating the car damage settlement. they will want to keep you happy and away from a lawyer. find a lawyer now but don't sign up yet they will tell you what not to do now and what to do in hopes you sign up. you need at least 8 weeks to know if theres ongoing medical issues not yet discovered . ins co will send you a letter stating they will settle the medical, pain etc based on standardized tables/formulas don't sign it.
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Old 07-10-2013, 03:52 PM
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Originally Posted by kln View Post
Thanks for weighing in on the subject everyone this is new territory for me. I notified my insurance provider of the incident and injuries first. Now I am waiting on the police report to get the other drivers info. I'm going to get my personal stuff out of the car tommorow. I'm completely amazed at the strength of this little girl! And damn I'm sore.
My 4 year old broke her arm a few months back. She healed amazingly, but was a bit sore after the cast came off. Dr. gave us a brace and told us it was mostly psychological.

Make the claim with the other guy's insurance. However, you should still notify your insurance company. Just call them up, tell them about the accident, what happened etc but that you will deal with the other driver's insurer and need nothing from them at this time. The reason you should definitely report it is because you do not want to get into a situation later where you need to use yours (i.e. guy has low limits) and then your insurer balks because you failed to timely report the claim/potential claim.

Also, wait to settle, do not sign any type of release without careful scrutiny. They may want to pay you for the car asap and ask for a release on the property damage claim. Make sure that is all it is. As hard as it is to believe, most insurance companies are not trying to completely screw you over. Also, while waiting for the medicals to wrap up before settling, make sure that you don't let any prescriptive periods expire. Sometimes, if the medicals drag out for a while, you need to file suit simply to preserve the right. You should have at least a year though, or more depending on where you are.

How did you pay for the ER? If you used your own health insurance, expect a questionnaire from your health insurer asking how it happened and who was responsible. Give them the other driver's insurance information. Save all bills, receipts, etc, document everything and get copies of all of your medical records. If your daughter's arm hurts, document it.

Feel free to pm me. I'm an attorney, and will answer any questions you have, though to be clear, none of this is legal advice and I don't represent you, am not admitted in your state, and don't profess to know anything about any laws anywhere.

My reading comprehension sucks, as now i see that you did notify your insurer. good. Also, I'll add that they can and will handle everything for you as far as property damage and medical costs if you have the coverage and then get paid back by the other guy's carrier, and will usually even get your deductible back too. It does make things a bit easier. I've had a couple wrecks and have done it both ways, but prefer to deal with the other insurer myself.
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Old 07-10-2013, 05:05 PM
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The OP's insurer will pay for the doctor bills, and to fix the car if it is repairable, or offer book value to replace if not. The insurer will hold back the deductible until it figures out if you or the other guy was at fault. If there is no clear cut evidence either way, each driver may end up eating the deductible.
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Old 07-10-2013, 05:08 PM
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I'm happy to hear you and your daughter were not hurt more seriously. This type of accident can be fatal. Both of you will feel the pain tomorrow. Get some meds and stay off your feet.

The other drivers insurance company will probably call you to make a statement when you are still under the influence of the meds. Takes notes that you can refer back to and wait until your mind is clear before making any statements to the other insurance company. They'll try to trip you up. That's what happened to me anyhow.

I hope the other guy has adequate coverage to take care of your losses and that you have good coverage as well.
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Old 07-10-2013, 05:11 PM
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Stop posting on here.

FYI, your daughters broken arm will fetch way more than 10K in damages.

Don't feel bad about pursuing a personal injury claim. You were driving on your merry way and now your daughter has a broken arm.
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Old 07-10-2013, 05:14 PM
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Originally Posted by fishingfun View Post
That's just not good advise. By his contract he has to report the claim and we are not talking a little fender bender. Most of the other info is good advise.
It's not in my insurance contract. Maybe your policies are different in Virginia. If I cause an accident then I have to notify them. If I'm not at fault, then I don't have to notify them at all. Some insurance companies will raise your premiums if they think you are accident prone, fault or no fault.

But... this brings up a good point. Pull out your policy and read it. Maybe you do have to notify them. Just don't file a claim with them unless you have to. You could file for the medpay claim on your policy for your little girl. This usually isn't much-1500 or so and really shouldn't affect your rates.
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Old 07-10-2013, 05:20 PM
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Thank god you and your little girl are walking.
Now, when you are looking for your next vehicle are you going to buy one where YOUR seat lines up with their bumper?
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Old 07-10-2013, 08:01 PM
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What do you guys pay insurance for? And what company do you use so I can stay away? Last wreck I was in was very similar to yours I did nothing but call my agent. I got a rental car, had a check for the vehicle in about a week, and had all of the medical bills payed for without me having to lift a finger (not mine but the passenger). I assume my insurance got money from the other guy but I didn't care, I got the cash and didnt have to worry about all this.

To the OP, call your agent let him take care of it.
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