need advice - car accident

[blueamy66]

What a screwed up week we've had. Yesterday topped it all.

My fiance was driving a bit behind me. I was at a stop sign turning right and there was a lady next to me turning left.

A truck comes barreling north on the street that we were waiting to turn on, makes a huge right, barely misses the lady next to me, drives up on the left hand side sidewalk and hits my fiance's PASSENGER side of the car. He takes off. I flipped a uturn around the lady next to me and gave chase, as did my fiance.

This asshole hits a stop sign, 2 street signs, drives over a front yard and then crosses the street and hits THREE cars in a driveway and pushes them into the garage. He drives a bit down the street where an off duty cop stops him. I don't know much about that story. I just know that there were about 10 cops there and it was crazy!

Anyway, my fiance just finished 4 nerve blocks for 2 broken vertebrae in his back. Now his back is killing him again.

So, my question is, what does he say to the drunk asshole's insurance company, which is Progressive? They are calling tomorrow. Does he not say a thing to the adjuster tomorrow and just get to the doctor? I've never been hurt in an accident before so I don't know how to handle it. It really sucks that my fiance was just feeling better again and was back to work.

[seabeyond]

1. they will ask if he is in pain. they will ask if he needs a doctor.

and they will ask that a paper signed if not.... but, they will encourage him to take care of it.

hubby had an accident recently, his fault and they took care of the woman, and continually asked hubby.

i was in one a couple years ago, and same thing.

i think it is consistent.

[blueamy66]

2. Well, I don't think he is going to sign anything until he sees his pain specialist doctor

We're going to try to get him in tomorrow....my niece works there and can probably get us in ASAP.

[seabeyond]

3. when i have dealt with the insurance company, they have taken care of the injured, ....

but especially the one not at fault.

[HopeHoops]

4. Progressive? Ask for the bimbo in the commercials. Good luck. They're worse than Geiko (sp?)

Get some epsom salts from the local drug store (first aid section). Give him a nice warm bath with about a cup of salts (magnesium sulfate isn't actually a salt, but that's what it's called) and some warm brandy. As for the asshole, your best bet is to get a lawyer to sue him and, if applicable, whatever company the truck belongs too. That will wake up the insurance company. If you just file a claim with Progressive, don't expect to get anything. They spend all of their money on advertising and executive salaries.

[mysuzuki2]

6. Don't ever call Flo a bimbo!

I want her to have my love child.

[HopeHoops]

10. Oh, knock me down and fuck me sideways - You'd actually consider that a mate?

E-FUCKING-GADS! Fuck the gecko.

[mysuzuki2]

13. Actually I like Flo. The woman who plays her is a rather successful comedienne.

[HopeHoops]

16. The commercials are still dumber than fuck. She's become an icon for stupidity.

[RoccoR5955]

18. EWWWWW!

That's simply gross!

[blueamy66]

7. not good about Progressive

We have some epsom salts and I will get him in the bath.

I already had him soak his feet to try to relax.

I'll get the brandy.

[HopeHoops]

11. Well, a measuring cup of epsom salts in a bath feels really good. I know.

I've got a bunch (seriously) of broken vertebrae and that's the most soothing thing next to sex. Hot water, epsom salts, and brandy. There's nothing better except for sex. Sex hurts, but I don't mind that kind of pain. Give him a hug for me.

[blueamy66]

14. Thanks!

I will give him a hug for you and get him in a bath later.

[HopeHoops]

17. (don't forget the hair conditioner hand job)

[blueamy66]

19. oh my

[HopeHoops]

20. That wasn't a joke.

[Major Nikon]

39. Morphine

On the few occasions that I've been administered morphine for pain, I found it made even the most acute pain you can imagine completely disappear as if it had never existed. It also has the added benefit of complete relaxation and room spinning. The only down sides are the shakes, addiction, constipation, and nightmares that make you want to jump out of a high rise window.

[HopeHoops]

43. I've only had it through an IV in the hospital. Good shit, Maynard.

[blueamy66]

44. He doesn't tolerate opiates very well, therefore the nerve blocks.

He itches like crazy! And he drives for a living, so that's pretty much a no no.

We'll see what the doc says.

[haele]

61. Must have changed since two years ago. We had good coverage with Progressive -

for the two accidents that were not our fault. They paid for the rental car and we got the check for a totalled minivan within two weeks after we were hit about seven years ago. They agressively pursued the other company's insurance company when I was sideswiped on my scooter two years ago, got them to get my medical taken care of and the scooter repair bill covered and any other "lost money" I was due by law.

Perhaps it's a regional issue? The case-worker we dealt with was out of SoCal and seemed to be on the ball - or at least they seriously go after the at fault driver to cover their customers.

Haele

[RebelOne]

5. Have your fiance see a lawyer before he talks to the insurance compay.

There are lawyer ads all over TV and they advise not to talk to the insurance company, but see a doctor first.

[blueamy66]

8. I think that we will.

thanks

[ohiosmith]

9. Absolutely! He is under no obligation to speak with the insurance company.

[kwassa]

22. The lawyer will get a third of all settlement payments.

Just sayin'. They take these on contingency.

Talk you your own insurance company, too.

[blueamy66]

24. It's a company car and they are self insured.

Can we still talk to them?

[kwassa]

35. Sure.

You can talk without committing yourself to any option.

[kurtzapril4]

67. Exactly right.

The only two people he should be talking to are his doctor and his lawyer. Do not talk to the insurance company!!!!!

[kcass1954]

12. Don't talk to the other guy's insurance company. Period.

They'll take anything you say and twist it around and use it to deny paying your claim.

They can get all the information they need from the police report.

[blueamy66]

15. Okay.

I'll tell him to not say a word except that broken vertebrae in his back hurt and he's going to the doctor and that we'll be getting a lawyer.

Is that good?

[blueamy66]

25. thank you for all of that info

nt

[aikoaiko]

47. This is what I was going to say.

Last edited Mon Sep 24, 2012, 11:09 AM - Edit history (1)

Good luck.

And I wouldn't say anything about broken vertebrate yet. All the cards are in your court right now. Keep them a little longer. Don't ignore the requests for info, just postpone comments until you have been advised.

[CreekDog]

32. What Kcass said

Last edited Mon Sep 24, 2012, 03:16 AM - Edit history (1)

I've had claims against other insurance companies. My company, State Farm, always told me to speak to my own company and not some company that doesn't represent me.

[haele]

62. Actually, have your insurance company talk to their insurance company first.

Your insurance has lawyers to insure they won't get hit with your claims for the accident and any issues that might arise fron that. Only talk to your adjusters, and if it does't seem as if they're on top of it or aggressive enough before the month is out, then get lawyer.

Haele

[blueamy66]

69. Why would we be hit with any claims from the accident, as it was clearly the drunk ass's fault

Last edited Tue Sep 25, 2012, 01:17 PM - Edit history (1)

I would post pics, but don't want that much on the internets....

[haele]

77. You didn't make a claim for your damages with your agent?

It may be different depending on the states, but calling your agent to report the damage to your car can move the process along quicker than waiting on their agent to get moving. Especially if you needed to get towed or get a rental car to tide you over until your car gets repaired or you get the money to replace it.
If your insurance company is good, their lawyers will ensure you are covered for medical and property, then agressively pursue the other policy holder for whatever you needed to claim. If the drunk does not have insurance, your policy should cover what you need without penalizing you.
The only problem you may run into is if you don't have a good insurance company, or the drunk and you have the same insurance company. Then you definately need a lawyer to get involved.

The reason I suggest calling fiancee's insurance agent is from experiance. Our mini-van got totalled in a weird situation - at the crest of a hill, a guy in a beat-up pick-up who threw on his breaks right in front of my husband, causing him to rear-end the guy hard enough to drop the radiator and deploy the airbags. There was a police car across the street, and the pick-up driver was the first to show his licence, reg, and insurance - but just left the scene without getting out of his truck and exchanging his insurance policy to us as required by law if there was more than $500 in damages when the cop walked back to ask if my husband if he was okay and needed a tow truck.
Not only did he leave the scene, guy never made a claim - weird, as the bed of his truck was damaged - and the police report indicated mutual fault (Laz said the guy didn't have break lights), so our insurance company treated it as an uninsured driver situation and covered us for all the medical, the mini-van, the tow, the rental car, and the four hours lost wages for me trying to coordinate the tow truck and getting out to where Laz was with the rental car to get him to Urgent Care for his pain, bruises and cuts. There was no issue with any of the medical and follow-on treatment from that accident, the tow-truck and lot was paid quickly, and we were given a check for the mini-van and lost wages within two weeks of the investigation by the insurance company.


Haele

[NV Whino]

23. Don't admit to any prior injury

Have your attorney speak to insurance people.

[Amaril]

59. And then when they find out -- which they will........

......that he had a prior injury, all claims he makes will be suspect and he may even wind up being reported for potential insurance fraud.

[NV Whino]

60. Perhaps I should have been more clear

Don't volunteer information. Talk to an attorney first.

[blueamy66]

71. Insurance fraud?

For aggravating a prior condition that had been fixed? I call bullshit. So, if someone in a car with a broken leg in a cast gets hit and it causes another break, they aren't entitled to compensation?

Aren't you a ray of sunshine? Thanks for the post.

The drunk ass hit 4 cars and a house and 3 street signs. I don't think his insurance company has a leg to stand on.

I'll let you know, Amaril, what our attorney says.

Good day to you.

[A Simple Game]

26. What was the reason both of you didn't go to the hospital immediately after the accident?

That's what you should have done.

[A Simple Game]

29. After reading post #21 I assume that is you. n/t

[A Simple Game]

37. And when she says her friend is in pain after having surgery, what do you do?

You tell her to go to an attorney.

How smart does that sound? I tell her to see a doctor because that should be their priority. How long do you think they should wait to see a doctor? Get real, a person could end up in a wheelchair for the rest of their life because they went to see an attorney instead of a doctor. Real good advice there counselor.

[blueamy66]

45. because at the time he was okay

The pain didn't start in until the next morning. And I believe that this is common in auto accident cases. I think he was in shock at the time. It's hard to see a truck come between your car and your fiance's car and jump a sidewalk and then hit the opposite side of your car. He was scared for both of us.

We'll go to the doc today, I hope.

My niece is supposed to call first thing this morning with the soonest appt.

The guy is freaking toast. I stopped at the second accident site yesterday to see how they were doing. The damage to their 3 cars and house is devastating. His insurance company doesn't have a leg to stand on.

on edit: We have been paying $ out the a** lately for ER visits, co-pays and testing co-pays. We just don't have the $125 for the ER visit....that wasn't why we didn't go though....like I said, he thought he was okay at the time.

[Kali]

27. get your phone mojo working

I had a claim with Progressive (guy hit and killed a steer of ours on an open-range county road). They paid it - eventually. It did take several months and a couple dozen calls. Take names, notes and go up the food chain as soon as you can. Your first contact will lose paperwork, go on vacation and get transferred to some other office in the time you are working on this.

[blueamy66]

46. Good idea.

I am a note taker....fiance, not so much. I'm gonna have the call on speakerphone and take copious notes.

Gonna investigate some lawyers today as well.

Sorry about your steer.

[Kali]

52. If I am not too late...

please do take the advice of others to see an attorney or at the very least talk to YOUR insurance people first.

Note taking advice and phone mojo stand!

[blueamy66]

57. I just got the phone # for his company's insurance and will call as soon as he wakes up.

this is a bitch!

[CreekDog]

31. you don't talk to asshole's insurance company, you talk to yours

then you ask them how to proceed.

they are the ones who need to protect your interest, so they are the ones you should be talking to.

[elleng]

41. RIGHT.

[The Velveteen Ocelot]

33. DO NOT talk to the insurance company without the help of a lawyer!!!

[flvegan]

34. Get a lawyer.

He or she will handle it from here.

[GReedDiamond]

36. My son was run down while riding his bike in Oakland...

...a few months ago. Severe injuries, lots of damage - shattered bones, smashed teeth, and facial lacerations requiring surgeries, with much pain and suffering, possible loss of full use of his left arm - he is still unable to fully extend his arm, or use it for much of anything. As a fine art printmaker, this has a profoundly negative impact on his ability to make his art, which he has trained for and has a significant student loan bill to pay off.

We do not yet know how much this will cost, in total medical expenses, immediate lost wages, possible future lost wages, ongoing pain and suffering, etc.

The driver who hit him, and was at fault, apparently has insurance. But all the bills paid to repair my son have been paid so far by his health insurer, while anything not covered by them has come out of pocket or is being paid off over time.

In California, my son has up to two years to file a lawsuit seeking all compensations possible, so all of these factors need to fully play out in order to get a maximum settlement or reward should it go to court.

It is best to not take any settlement offer from the insurance company until the full extent of your fiance's injuries and losses are known - physical and mental as well as monetary.

As others upthread have said, do not talk to the other guy's insurance company, talk to an attorney. In cases like this, you can find one for a contingency fee.

I hope you fiance gets better real quick, best wishes to the both of you.

[blueamy66]

48. I'm sorry to hear about your son. I hope all goes well for him.

You stated mental injuries...he is so depressed right now, as his back pain just subsided and now it's back. But others have stated NOT to speak of past injuries. ???

Yes, I will be looking for an attorney who will take the case on contingency.

Even though he has health insurance, there are still co-pays involved. We shouldn't have to pay them.

Thanks for the good wishes.

[davsand]

38. Here is my suggestion for the sequence of the day:

1. Call for Doctor appointment as soon as you can get in.
2. Call an attorney that specializes in Personal Injury cases and get in there ASAP. Ask them how to proceed with the insurance stuff, and do exactly what they tell you. Do not take any legal advice from the internet as being good advice--including from here at DU.

Hire a lawyer in person--and do not talk to anybody else about this stuff unless your attorney tells you it is ok to do it. Seriously, posting in an open forum about any potential legal case is a really bad idea for a lot of reasons.


No, I'm not a lawyer, but I do have a profound respect for what they can do for you if you need them--and I think you guys need one.



Laura

[blueamy66]

49. thanks Laura

I just needed some advice.

I seriously doubt that anyone on "his" side will read any of this. He is from a SMALL res town near the border of another state.

As I stated, we are going to look for a good lawyer today.

[elleng]

40. Police reports taken?

Say, 'Pain.' that's all. Talk to your OWN insurance co. if necessary BEFORE other guys'.

[blueamy66]

50. Yes, def reports taken...by at least 10 cops. CSI was out as well.

We will be calling my guy's company insurance today for sure.

[Hassin Bin Sober]

42. Better call Saul!

Sorry. Been watching Breaking Bad on Netflix.

Seriously. Get an attorney.

I wonder if your insurance company can recommend one? Don't know if that is kosher for insurance to rec a lawyer for YOU. If so, be clear any attorney you speak to works for you and only you.

Make sure you level with YOUR attorney about the previous injury/pain - don't need any surprises.

I have a buddy who used to defend insurance companies against personal injury claims - therefore he knew the best most ruthless personal injury attorneys to call and would give out those names to our friends who needed PI lawyers.

[blueamy66]

51. We will telll the attorney about his previous injury.

We have ALL of the paperwork.

The problem is, the insurance company that covers his company car is out of state. I don't know if they could recommend a local attorney.

But, we will be calling them...as soon as Bubba wakes up. He hasn't slept since the accident and finally fell asleep at about 3 this morning.

Thanks for the info.

[Hassin Bin Sober]

53. The previous injury can work in your "favor", for lack of a better word.

The principle in law "you take your victims as you find them" means the perpetrator can't claim "oh he was ALREADY injured so I should be off the hook".

My buddy was recently sued for $300k for running a pedestrian's foot over in a downtown intersection. There were no broken bones - just "soft tissue" damage. The main claim was "a setback" to the victims recent knee replacement surgery recovery. Talk about shitting a brick since their single incident policy limit was $100k - they eventually settled within the policy amount.

[msanthrope]

56. Eggshell plaintiff--you hit someone in bad health, you are screwed. nt

[treestar]

54. get a good personal injury attorney

One with experience. That is a good case and they will take it on contingency and they know how to deal with it.

[msanthrope]

55. Your fiancee is in serious pain. That's why you called his doctor, first. Then you worried about

talking to their insurance company, since it is a police matter, so you declined to talk to them until you spoke to legal counsel. But you took down the name of the person who called you.

Then you called an attorney, and told her about the matter. And you didn't talk to anyone else about it.

Your fiancee is an eggshell plaintiff. Progressive is responsible for the fact that their insured hit a guy with a bad back.

[blueamy66]

58. Thank you misanthrope, treestar and Hassin...

I will take your advice to heart.

I am on the internets right now, looking for a decent PI attorney. I don't want to go with any of those "TV" attorneys...trying to find someone else.

Like I said, I'll keep you all posted.

[blueamy66]

63. We have an appt. with an attorney tomorrow at 2:30

The problem is, we cannot get into the pain specialist until next Monday and just cannot afford the extra $ for UC or the ER.

I guess that I will try to get into any doctor, just to show that we went.

It sux having shitty insurance.

[kurtzapril4]

74. The guilty party

will have to pay for any and all hopital/doctor bills. So you should go to the ER. They will ask if this is the result of an accident.

[blueamy66]

64. One more question...

if the DUI driver's insurance won't cover enough, can we go after his company's insurance co?

since he just got fired....

[kwassa]

65. Getting fired means nothing ....

he was covered at the time of the accident. They are, in a way, admitting liability by firing him.

I am guessing that this truck driver was working for someone at the time of the accident. If he was, then their insurance is on this accident, rather than any personal insurance he might have. It is unlikely that they will not have high limits on their policies. If that policy is somehow exhausted, then there is a possibility of going after other policies.

Lawyers will limit themselves to what they can get, though.

Check out your lawyer and make sure he is competent, though, as there are unscrupulous personal injury lawyers who do volume businesses, settle for small amounts, and give scant attention to each individual claim.

[Hassin Bin Sober]

66. Who was fired? The perpetrator or your fiance?

If you are referring to the fiance's insurance/employer the answer is maybe. Definitely a question for your PI attorney.

By chance, was your fiance driving a dealer car?

[blueamy66]

70. no, he was driving a company car....he travels

nt

[Hassin Bin Sober]

82. Was your fiance fired?

[blueamy66]

83. yep

it got ugly

[Hassin Bin Sober]

84. Because of the crash?

That's why I asked if maybe he worked for a dealership. That sounds like a shitty thing a dealer would do (fire someone for having an accident). I worked as an F&I manager for 11 years.

I suppose your attorney knows this but I wonder if you can pursue a workman's comp (WC) claim since he was in a company vehicle?

I've been having this argument with my partner who needs hernia surgery due to lifting patients on and off x-ray tables for years. He doesn't want to file a WC claim because he doesn't want to "screw" his employer. Never mind his employer has been "screwing" him for the past three years making him "down-staff" to "help out" in slow times. Now they are laying off people anyway - something all the forced "voluntary" down-staffing was supposed to prevent.

And my good liberal friend/neighbor insists unions are outdated and unnecessary. Yeah right.

My other friend (who is a republican, btw) works for a big insurance company handling WC claims says my partner is crazy for not filing a WC claim. He says EVERYTHING would be covered 100% with no out of pocket. But he hates socialism. (he also wants to move back to Germany with his German wife to raise their kids because things are much better there, the schools are better and the public transportation is fantastic - but that's another story)

[heysky]

68. Spam deleted by hlthe2b (MIR Team)

[mrmpa]

72. Do Not, I repeat Do Not talk to the Insurance Company.........

He (fiance) needs to go to the Doctor, post haste. He will need to communicate with his insurance company. The drunk's insurance adjuster should only be talking to your fiance's insurance company & attorney. Your Fiance needs to contact an attorney, NOW.

I'm not saying that your fiance must sue the drunk, but he must protect himself and the only way to do that is with legal representation.

[blueamy66]

73. I did speak to the guy's insurance co about a rental car. That was all.

He stated that he needs to check the insured limits to see if there is enough to have the rental co bill them...or, we can pay out of pocket and be reimbursed. I laughed.

I ended the call right there. We will be discussing the rental car with the attorney this afternoon.

[blueamy66]

75. We met with the attorney today.

Holy shit. He is right out of a movie. He knows his shit. He scared me. He immediately sent my guy to a chiropractor. He picked up the phone and direct dialed the doc and got us right in. We don't have to pay for a thing....just the contingency fee...I know, but we cannot afford a retainer. He is going to go after both insurance companies. He said we're looking at a nice sum of $. And as I've said before, I think, we don't sue. But when a drunk commits 2 hit and runs and does that kind of damage, tough shit.

All we need now is a rental car, which he is going to take care of tomorrow with the other guy's insurance company.

It was a long day, but a good one!

Thanks everyone for the good wishes and advice. We just may be okay.

[kwassa]

76. What percent of the settlement is the contingency fee?

I'm curious what they are charging these days.

[blueamy66]

78. 1/3

but our hands our tied at this point

[Heddi]

80. Why did he refer to Chiropractor and not emergency room?

I'm an ER nurse, and it just seems...quacky...for someone with a bad spinal injury after an auto accident to go to a chriopractor instead of an ER, where more complete testing can be done besides Xrays and spinal manipulation....

[blueamy66]

81. um, because we don't have the $125 for the ER andf the chiro is free

unless you want to wire the $125 to me...then we can go to the ER

Thanks!

[blueamy66]

87. Heddi....

still waiting for that $125 donation to send us to the ER

[blueamy66]

86. Hey Heddi, do you have the $125 co pay for the ER to send to us?

the chiro is free....we have an appt for xrays thru the chiro

again, Heddi, can you float me the $125 co pay...after 3 months of no pay and numerous doc appts?

Do you need my address to send the check? Cause I can forward it to you.

[bamacrat]

85. Call a lawyer.

Let them handle it. I worked in the rental car business for about 3 years and have heard this story many times. The best way to get things solved is to contact a lawyer and they will take care of it. They may tell you to contact your insurance as well because they have lawyers who will go after them if their insurance is not valid.

That sucks so bad. I heard it all the time in my previous life. It will get better.