In an accident, not at fault, what should I remember? - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Rathji · 05-27-2012, 10:54 AM

Was in an accident last night that was not my fault. My apologies to anyone traveling southbound at the time!

Things were kind of a whirlwind at the scene, and I was pretty shook up and dealing with the kids in the van so I have not been in the best state of mind since then. I have contacted both mine and their insurance companies and they are sending out someone on Monday.

I am wondering, is there anything else that is obvious that I should be doing? Obviously medical stuff is being dealt with, should we be keeping track of it any more than what is being done with the doctors? Is it reasonable to expect a rental vehicle until things are resolved with repairs etc? I don't have collision insurance, does that change much?

Anything else I am not thinking of?

On a related note: If you have a call center in a foreign country handling your calls related to automobile accidents, the idiots you hire should probably understand English enough so that when someone says "Fifth ", you shouldn't have to clarify that Fifth means 5.

4X4 · 05-27-2012, 10:58 AM

You still might have rental insurance. Ask your insurance company. And if you call and someone answers that doesn't speak english, politely tell them that someone just rang your doorbell and you have to call back. Then call back and hope for a better agent.

Raekwon · 05-27-2012, 11:17 AM

Was it a simple rear end accident or someone changed lanes? A rear end accident will play out as it should but anything else hopefully you have a witness because people lie.

Rathji · 05-27-2012, 11:21 AM

It is clear cut. I am not concerned about anything of that nature.

Just wondering if there is something obvious that I should be doing.

Fire · 05-27-2012, 11:23 AM

I drove by your accident, thankfully in the opposite direction. The car appeared to rear end you at quite a high speed. Hope everyone is ok.

killer_carlson · 05-27-2012, 11:24 AM

Write down the facts asap
Get your witnesses to do the same
If you're hurt, listen to your doctor and do your rehab
And get off the web about the details of the accident

Lobotroth · 05-27-2012, 11:52 AM

You should be able to remember your name and date of birth. Also: what year is it?

zamler · 05-27-2012, 11:53 AM

Were the Police called? Was a report filed? BTW, a rear end collision is nearly impossible to dispute, the physical evidence speaks for itself.

GGG · 05-27-2012, 12:45 PM

If you have car seats they should be replaced immediately and insurance should cover it and fight them if they refuse or tell you it is not covered.

Slacker · 05-27-2012, 02:23 PM

I saw the accident too from northbound Crowfoot. Glad you and your family are okay.

Was the other driver tailgating you?

Nage Waza · 05-27-2012, 02:31 PM

Quote:

Originally Posted by GGG

If you have car seats they should be replaced immediately and insurance should cover it and fight them if they refuse or tell you it is not covered.

If you do replace the seats, you often have to return a portion of the seats to the insurance company, so do not dispose of them.

burn_this_city · 05-27-2012, 02:39 PM

I hope you remembered to grab your neck at the scene.

Dion · 05-27-2012, 04:55 PM

I would think the others person insurance should be paying for your rental. Especially since they will be paying to repair your van.

Did the other driver ask if you were okay? I ask this because the insurance company of the driver who hit you will be getting a call from the person investigating your claim. If you said you were okay, it could make it tough for you if you're claiming any personal injuries. Also, be sure to have your GP document any injuries as insurance companies will try to get out of paying any imjuries. They will ask for reciepts.

Should they decide to write off your vehicle, you should get some independant ( Pylon) quotes based on the cash value. Any recent additons in the last year should be reported, such as new tires, brakes and any other major work done on your vehicle.

zukes · 05-28-2012, 07:16 AM

I was an auto adjuster for 5 years, and still do the odd auto claim when things are slow. I do property and liability now, so if I was involved in this as an adjuster it would be for the other driver's insurance company, monitoring your injury file.

If you were rear ended, then the other person is 100% at fault, there is no disputing that. If Alberta is the same as Ontario, you will get a rental until your vehicle is fixed, or until an offer is made for the total loss of your vehicle (note: I did not say until you accept their offer, the rental is one of the pieces of leverage the insurance company will use to get you to settle the vehicle portion of your claim. Generally, if you accept their offer, they will extend the rental a few more days).

If you had car seats, again if Alberta is the same as Ontario, replace them now. Usually the insurance company does not need them, but want to make sure that the body shop takes them and disposes of them properly. They need to be cut before they are disposed of. Car seats should be discarded regardless of how severe the accident, even a small fender bender can compromise them.

In terms of injury, document everything. If the injuries are severe, or lasting and lawyers are hired, be prepared that even though the fault determination rules state that the other driver is 100% at fault, that is only for dealing with the vehicle portion of your claim. Should there be any litigation, there is almost no scenario where someone will be 100% at fault. Now is may be 92% - 8%, but just know that.

If there were witnesses, do your best to secure their information. If you did not get them at the scene, contact the police. You will get the info far quicker than the insurance company. Give that info to your adjuster as the sooner they get a statement from them, the better the statement will be.

Be honest about your injuries, some people see dollar signs after and accident and start to exaggerate things. You will get the best service if you are honest and prompt with whatever requests the insurance company asks of you.

onetwo_threefour · 05-28-2012, 07:17 AM

1.Don't discuss details of the accident here.

2. Start keeping a daily log of any developments relating to any injuries suffered. Symptoms, lost time from work, extra expenses incurred for medications/therapy, loss of sleep, any obvious psychological issues like if your kids are suddenly scared to get in the car or drive on busy roads/having nightmares, anything else that is affecting your life that is a result of injuries from the collision.

3. Regarding Dion's statement about saying you're okay at the scene. In a more significant accident, I wouldn't get too worked up about that, it is well known that shock and adrenaline can mask even fairly significant soft-tissue injuries, so as long as there is objective evidence it shouldn't have a significant impact.

4. If there is an injury, you should at least talk to a lawyer.

Tron_fdc · 05-28-2012, 08:15 AM

Quote:

Originally Posted by fotze

Here's what you need to do:
3. Post deatils of the driver who hit you. Name, number, address. This way the rest of us can be sure not to drive in front of this person.

Whatever, I could use the spare cash if someone rear ended me. I'd be driving in front of him all day!

OP, take your time with an injury settlement. My girlfriend t-boned a truck on hiway 2 doing about 120 (she still has a dent on her forehead to prove it), and she settled right away because she didn't want to be one of "those people" who clogged up the system. Fast forward about 15 years, and she has permanent neck and back problems that cause migraines, sleep problems and muscle problems that keep her from running or lifting weights when it's bad. She got bullied by an adjuster, and she now has to spend the rest of her life dealing with these problems and relying on her work benefits to cover the physio. So keep that in mind.

Lt.Spears · 05-28-2012, 08:53 AM

Quote:

Originally Posted by Tron_fdc

Whatever, I could use the spare cash if someone rear ended me. I'd be driving in front of him all day!

This is so stupid, have you ever been in a Car accident? I know people who have been rear ended and end up winning a settlement north of 10K and they still think its BS because they have to deal with back pain and other related problems for the rest of their lives.

You should be Thankful that you are healthy and dont have to rely on popping pills every day.

Yeesh.

undercoverbrother · 05-28-2012, 09:40 AM

Quote:

Originally Posted by onetwo_threefour

2. Start keeping a daily log of any developments relating to any injuries suffered. Symptoms, lost time from work, extra expenses incurred for medications/therapy, loss of sleep, any obvious psychological issues like if your kids are suddenly scared to get in the car or drive on busy roads/having nightmares, anything else that is affecting your life that is a result of injuries from the collision.

.

I could not disagree more.

If you want to get better from an injury a diary of all you "pain" is not the way. Focus on an active return to you pre-accident/injury activities/condition.

DO NOT DWELL ON THE PAIN

Tron_fdc · 05-28-2012, 09:48 AM

Quote:

Originally Posted by Lt.Spears

This is so stupid, have you ever been in a Car accident? I know people who have been rear ended and end up winning a settlement north of 10K and they still think its BS because they have to deal with back pain and other related problems for the rest of their lives.

You should be Thankful that you are healthy and dont have to rely on popping pills every day.

Yeesh.

Do I seriously need green text? Did you read the rest of my post?

Yeesh

VladtheImpaler · 05-28-2012, 09:52 AM

I have seen the ambulance signal, and the friendly neighbourhood lawyer is on the scene. First, call a PI lawyer.

PM me if you have any questions.

The AF insurer will cover your rental until they cut you a cheque for a write-off or your vehicle is repaired.
I can't really give legal advice on here, so drop me a line.