Getting rear-ended: An insurance question - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

The Goon · 07-26-2006, 12:00 PM

Yesterday morning, while going to work, I was rear-ended pretty hard. I stopped at a crosswalk (Elbow/54th SW) but the car behind me didn't. My car got away pretty lucky with minor damage(I have an Accord, the car that hit me was a Golf, so it got the worst of the collision). So after a morning of talking with insurance, filing a police report, and getting checked out by a doctor, I have some procedure that needs to be followed for everything to be covered by insurance.

The guy who hit me called me this morning and is interested in bypassing insurance and paying for the damage personally at an agreed-upon body shop. My question is: Is this a good way to go about it? It certainly seems to be quicker than going through insurance. The only wild card in this whole situation is injuries. I have a neck strain-the doctor says it's not whiplash, but he also mentioned to see how I feel over a couple of days. Should I wait two more days, then, before making this decision? Any insight or experience would be greatly appreciated.

Brutal place for a crosswalk, I have to say.

Neeper · 07-26-2006, 12:19 PM

I would definitely wait. If I weren't hurt, I would go ahead and do it outside of insurance. However, I don't know if these injuries could creep up over time ot not, so I don't know if 2 days would be enough. If I were you and I agreed to go outside of insurance, I would have something in writing about injuries. I would make it VERY VERY specific.

AaronSJ · 07-26-2006, 12:19 PM

I have two friends that were involved in separate rear-end collisions that both had prolonged issues with neck & back pain, despite not having a post-incident diagnosis from a hospital/doctor. Both had months of physiotherapy and rehab before returning to 100%. I would proceed with caution and be sure that you are symptom-free before "settling" with the Golf driver... and I would be totally transparent with this guy about your symptoms. You're in the driver's seat here (pardon the bad pun), so don't feel rushed.

Sylvanfan · 07-26-2006, 12:25 PM

Yeah, my wife was just in an accident and she didn't really start hurting until like a week after that. Definitely go through insurance, and have them handle the claim. It will save you time having to do it yourself, and they can reccommend shops that guarantee any repairs in case you have problems later on. He can opt to recompensate his insurance company afterwards too and tell the other driver thats what he'll have to do. Any time theres injuries involved the insurance company has deeper pockets than 99.9% of the drivers on the road. So you want to protect yourself there for sure. My wife was approved for like 20 chiropractor and 20 massage therapy visits right after it happened. That would be like $2000 in medical expenses that you might not be able to get, and with my wife the claim does stay open until she wants to close it.

Even if there weren't injuries, I'd tell the guy to pay me an extra $1000 not to go to insurance on top of the repairs. Why? Because you can, and it'll be a hell of a lot cheaper for this guy long term to buy you out now with that than to have insurance pay for repairs.

ken0042 · 07-26-2006, 12:35 PM

Yeah, anything where there is the potential for injury, use insurance.

One other thing to keep in mind is you have to make a claim within 2 years, so make sure you insurance guy is aware of the 2 year time frame.

Yes, you might be able to squeeze the guy for $1000 for your non-existant injury, but then you also could have problems a month or two down the road. The first time I was rear ended (insert Fotze joke here) the pain didn't really set in until a month later. Mind you I was 16 and had some to do with growing at the time still.

Superflyer · 07-26-2006, 12:45 PM

Definatly go through insurance.
There is also the problem that if you don't go through insurance and then get your car fixed, then the golf guy says ooops I don't have the money then your insurance company can say, to bad we cannot see what was wrong so we will not foot the bill. So guess where that leaves the bill, in your hands. Sure you can sue the golf driver for the money but why go through the headaches and wasted time when you don't have to.

Calgary Flames · 07-26-2006, 12:49 PM

The injuries defintely creep, I had a minor clicking noise after the accident that wasn't there before hand. Now every time I rotate my head I get a bit dizzy, I get neck pain, and just random dizzyness.

I had physio for about a year every two months to learn stretching techniques and for massage.

I got $4000 by using a law firm, I was anxious to get it over with. But the pain didn't go away and I wish I kept going to physio and got more money out of it because the problem is still there and could very well do some damage in my latter years.

I went to a clinic the day of the accident, filed a police report and saw the lawyer.

I really do think people who do not persue damages are making a big mistake, you think, yeah it could be worse. But you're still wrongfully injured.

Sylvanfan · 07-26-2006, 12:55 PM

Quote:

Originally Posted by Calgary Flames

I really do think people who do not persue damages are making a big mistake, you think, yeah it could be worse. But you're still wrongfully injured.

I agree that you should be compensated for any effects that you suffer from an accident that's someone elses fault. With my wife the only thing I want is for her to get back to where she was before the accident where her neck and back didn't hurt every day when she comes home from work. Especially if you're still young, you could be looking at 60-70 years of nagging pain for the rest of your life. How do you put a price on that? Given the choice I would take my old health back over an injury settlement any day of the week. You can't put a price on good health.

MolsonInBothHands · 07-26-2006, 12:56 PM

Settling it privately would be the simplest and best route for all the parties involved. Why let lawyers and insurance companies dictate what happens with a small little mishap?

By the way, would anyone like to buy a Volkswagon Golf? Then engine is in great shape, and it just needs a little front end work.

ken0042 · 07-26-2006, 01:08 PM

Quote:

Originally Posted by Superflyer

There is also the problem that if you don't go through insurance and then get your car fixed, then the golf guy says ooops I don't have the money ....

Excellent point. I recently had my neighbour hit my parked car. He asked if we could go privately for the repairs, then when I presented my 3 estimates he wasn't happy with the price- because 2 of them were dealerships. I got 2 more estimates from non-dealers, and the one dealership still ended up being the cheapest. And by cheapest I mean $20 less than the 2nd most expensive place. (Yep- 4 places within $20 of each other.) He still insisted that he could borrow my car for the day, and he would find a cheaper place.

A favour to a guy who I didn't know before this, and who has since moved cost me a month of stress. At the end of the day make sure you do what is right for you.

Calgary Flames · 07-26-2006, 01:10 PM

Quote:

Originally Posted by Sylvanfan

I agree that you should be compensated for any effects that you suffer from an accident that's someone elses fault. With my wife the only thing I want is for her to get back to where she was before the accident where her neck and back didn't hurt every day when she comes home from work. Especially if you're still young, you could be looking at 60-70 years of nagging pain for the rest of your life. How do you put a price on that? Given the choice I would take my old health back over an injury settlement any day of the week. You can't put a price on good health.

I agree completely, I've had to go home from college a few days because of the neck pain/head aches and i'm just 23 years old. I'll have this nagging **** for the rest of my life. I'd rather not have it but i'm glad I got SOMETHING out of it.

the money i've gotten so far has pretty much paid for 3 years of Flames season tickets.

troutman · 07-26-2006, 01:14 PM

Send me a personal message Goon, and I think I can set you up with a free consultation with my partner Murray (this is his specialty).

North East Goon · 07-26-2006, 01:24 PM

Trouble getting rear-ended? Ask Lance Bass he is an admitted expert in this area:

http://news.yahoo.com/s/ap/20060726/...ple_lance_bass

Sorry - I couldnt resist!

The Goon · 07-26-2006, 01:27 PM

Thanks for all the replies, folks- this is a new experience for me so I have not been sure how to proceed. I appreciate all the insight.

I do want to stress that I really don't think I'm injured. I certainly don't feel worse than I would from sleeping on a lumpy mattress. I'm still planning on playing in a beach volleyball tournament on Saturday.

I think I will wait a couple of days and see how things progress before making a decision. I wouldn't mind getting a couple of massages out of it (yes, the legal kind) but I also don't want to abuse the system unnecessarily.

Sylvanfan · 07-26-2006, 01:41 PM

Quote:

Originally Posted by The Goon

Thanks for all the replies, folks- this is a new experience for me so I have not been sure how to proceed. I appreciate all the insight.

I do want to stress that I really don't think I'm injured. I certainly don't feel worse than I would from sleeping on a lumpy mattress. I'm still planning on playing in a beach volleyball tournament on Saturday.

I think I will wait a couple of days and see how things progress before making a decision. I wouldn't mind getting a couple of massages out of it (yes, the legal kind) but I also don't want to abuse the system unnecessarily.

Well like I said earlier this guy can always opt to recompensate his insurance company afterwards. If you make it go to insurance than you have records and a paper chase set up for you in case something goes wrong afterwards. You are much better protected going through insurance, and you are the only person you need to be concerned with in this matter.

CalgaryCowboy · 07-26-2006, 02:11 PM

I agree that if you have the smallest injury go through insurance just in case. However I have gone the other way for non injury accidents. Both were I have been hit and hit someone. We all have dealt with insurance before and if I can help some one avoid that I will.

Two year back I got T boned by a car running the red light. Big damage and went through insurance. Two days later I experienced dizziness and balance problems. Doctors checked me out and said it probally was just a head cold. For six months the insurance co. kept calling and asking how I was "ok", if I missed work "I am self employed so lost no wages". Finally I agree to take $500 and sign a release just they would leave me alone. What a waste of money the co. money. No wonder the rates keep going up.

@theCBE · 07-26-2006, 02:12 PM

Quote:

Originally Posted by The Goon

I think I will wait a couple of days and see how things progress before making a decision. I wouldn't mind getting a couple of massages out of it (yes, the legal kind) but I also don't want to abuse the system unnecessarily.

Don't consider it abusing the system but rather using the legal system to its full potential.

Flame On · 07-26-2006, 08:35 PM

I love these people that hit you then want to dictate where the car is taken for the cheapest rate. My brother got hit and I think took it to three different places. Then while is was being fixed he had no car, did the other guy pick up the taxi's to get around? No. So he was out another 150 or so.
Borrow your car for a day! That's just ######ed.
Teach him to pay attention while driving next time and insurance it.

RougeUnderoos · 07-26-2006, 09:45 PM

Quote:

Originally Posted by Flame On

Teach him to pay attention while driving next time and insurance it.

That's the spirit. People who don't stop at crosswalk during rush-hour don't need any favors, they need a beating and their license revoked.

flamesfever · 07-26-2006, 10:08 PM

I would definitely go through your insurance to resolve the issue, particularly with your neck problem.

Long ago my wife was rear-ended on Christmas eve and we had all the kid's presents in the trunk. We ended up taking a crow bar and ripping the trunk lid to shreds in order to get the presents out. Our insurance company was completely understanding and got after the other person's insurance to fix our car.

My wife had minor whip lash which IIRC was symptom free in a few weeks. We did not sign a release just in case any problem reoccurred. After about one year from the date of the accident the insurance company contacted us and offered us $1000.00 to sign a release which we agreed to do. This all happened in the early 1970's and would easily equate to $10,000. in today's dollars.