Getting rear-ended: An insurance question

[Iowa_Flames_Fan]

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.

Just to be clear--you're not the one who's abusing the system--he is. Bypassing the insurance company is virtually guaranteed to cause more problems than it will solve. The insurance company will take care of everything, and because the accident wasn't your fault, you won't be out a dime. The fact that it will cost him more money in premiums is not your problem.

Here's a hypothetical situation: you feel ok today, and next week, and then after a while that "lumpy mattress" feeling doesn't go away, and sometimes is accompanied by headaches and nausea. Sometimes it gets worse with activity. Occasionally you skip fun things or once in a while you miss work to go to the doctor.

If this goes on for 6-12 months, suddenly you have a serious claim on your hands. The situation above is exactly my wife's about 8 years ago. (also hit by a Golf, BTW.... weird). She had chronic back/neck pain for YEARS, and just the psychic weight of that is unbearable after a while--like Chinese Water torture--low level pain for a long time is one of the worst things you can imagine. We ended up settling for a decent amount of money--and it was about 4 times the insurance company's original offer.

The advice I'll give you is twofold. Use the insurance company--and until you're 100% better, don't agree to a settlement. An adjustor from his insurance company will probably come to your house and offer you 2500 dollars after your first few physio appointments. Don't take it. You may never get any more, if the symptoms go away. But if you settle before you're 100% better, meaning 100% pain free, then you'll never get another dime out of them.

Good luck--I truly do hope that you don't have any permanent whiplash-type injuries--they can be a real problem in the long term. But if you do, make sure to protect your legal rights.

[Shazam]

You've got to get yourself and your car checked out. My friend and I got rear ended many years ago at Crowchild and 54th (before the interchange existed). He drove an Omega 88 and the rear-ender drove a Suzuki Swift. Her car got totalled so badly she and her friend were trapped inside the car by the dash. It looked like my friend's car was OK (there was zero cosmetic damage), but it turned out his rear axle got bent.

We were able to brace ourselves for the collision, but we still had neck pain for about six months. It didn't really appear until the week after the accident.

[The Goon]

Well, the consensus here seems to be unanimous. I'm very sorry to hear the stories of those of you who have been hurt or had loved ones hurt.

I am feeling better today (even worked out this morning), but I will pursue it through insurance mainly to have the paper trail and for a "just in case" preparation. Hell, what's the purpose of insurance if you don't use it in the situations when you need it?

Thanks again for all the help.

[Sylvanfan]

Originally Posted by The Goon

Well, the consensus here seems to be unanimous. I'm very sorry to hear the stories of those of you who have been hurt or had loved ones hurt.

I am feeling better today (even worked out this morning), but I will pursue it through insurance mainly to have the paper trail and for a "just in case" preparation. Hell, what's the purpose of insurance if you don't use it in the situations when you need it?

Thanks again for all the help.

Glad to hear that you're feeling alright. In any accident you're much better off to come out injury free, than to have an injury and have to pursue a settlement. Smart move to go through insurance too, as it keeps you protected. The other party can always opt to pay the amount to the insurance company themselves once the claim is settled.

[Flames89]

I say it's up to you. If it happened to me, and I knew that I was fine - I would settle outside. For one, I would settle for full repairs, plus a premium for saving the other party the increased insurance costs.

Get full written statements of the deal, and ensure you have leverage to get the cash.

[flamesfever]

Originally Posted by Flames89

I say it's up to you. If it happened to me, and I knew that I was fine - I would settle outside. For one, I would settle for full repairs, plus a premium for saving the other party the increased insurance costs.

Get full written statements of the deal, and ensure you have leverage to get the cash.

This person has sustained an injury, and one which experience has shown carries the risk of possible long term reoccurring problems.

Not everyone is capable of constructing legally binding, all inclusive documents which accurately reflect "the deal" and guarantee "leverage to get cash" without paying a lawyer a tidy sum to help them.

[Ace]

USE INSURANCE, this accident is not your fault at all, so go the more protected route.

[trew]

Originally Posted by @theCBE

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

Fine. Just don't break the law. If you are not injured please do not use insurance as some sort of twisted lottery. It's fraud, it's theft, and dammit, it's a pyramid scam. In one form or another this money comes out of all of our pockets.

[Bobblehead]

Originally Posted by trew

Fine. Just don't break the law. If you are not injured please do not use insurance as some sort of twisted lottery. It's fraud, it's theft, and dammit, it's a pyramid scam. In one form or another this money comes out of all of our pockets.

Additionally, the insurance companies have cut back and as a result are way behind.

I was broken in to in early Dec. We had to submit the list of items stolen. Then a couple months later (!) they came back and were told to get estimates on one thing (engagement ring) and go ahead and replace the other items and submit the receipts. We did that and are STILL waiting.

[Grunt]

Originally Posted by MolsonInBothHands

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.

Nice one :P

[Sylvanfan]

Originally Posted by Bobblehead

Additionally, the insurance companies have cut back and as a result are way behind.

I was broken in to in early Dec. We had to submit the list of items stolen. Then a couple months later (!) they came back and were told to get estimates on one thing (engagement ring) and go ahead and replace the other items and submit the receipts. We did that and are STILL waiting.

That engagement ring might be an issue. I know I had to get a separate policy for my wife's engagement ring as part of our home owners policy as they deemed it as being a special item that wouldn't be covered under household goods. Don't know if they'll try to stick you on that with it in the car, I hope they don't.

Insurance companies don't want to be our friend and will look to lowball people if they can, it's the nature of their bussiness. In Alberta they now have limits on neck and back injuries, so they've made it very difficult to abuse the system beyond getting medical treatment. I'm not a fan of lawyers, but I can see why they didn't like limits being put on injury claims, as injuries suffered in an accident can certainly deter from one's life. I fear the day that no fault insurance can come to Alberta. I know I'll stay the hell out of Ontario and Saskatchewan because I would hate to suffer an injury in an auto accident that someone else caused and have to pay for it myself.

[The Goon]

As a follow-up, I informed the other driver that I would be pursuing the claim through insurance. He was agreeable to it all. The car gets appraised next week.

Today is the worst I've felt physically since the accident, so a lot of what you've said has certainly happened. I went from feeling like there was nothing wrong with me last night to some pretty intense localized pain in my neck and upper back today. I certainly don't want it to get any worse.

I also got a call today from an adjuster representing the other driver to deal with my injury claim. It's still a bit confusing, but the guy said it's regarding my "pain and suffering". It just gets more and more complicated. I am still hoping this is all temporary and I can put this behind me ASAP.

[Sylvanfan]

Depending on the insurance company they'll usually assign separate adjusters to the injury claim and to the automobile claim. If you are having pain, you should go to a Doctor and get that documented A.S.A.P.
Certainly not uncommon for the pain to take over once the andrenaline levels come back down. Have you filed a claim with your insurnance company yet?

[The Goon]

I visited a doctor (at my walk-in clinic) the morning of the collision, where I was diagnosed with a muscle strain. The day after I filed the initial claim, I received all the forms from the insurance company to take to the doctor. I was asked to wait a few days before going back, so I'll probably do that Monday.

[EVERLAST]

I just went through this all. Except in my case I was rear ended and pushed into a truck in front of me so hard I tore off the rear bumper of a 2006 truck. Yellow cab rear ended me doing 60k.

I went through the insurance and the following will sound familiar in a week.

You will be able top get a MAX $4000.00 through the adjuster of the other drivers insurance company.
They will pay for everything up to a certain amount for 90 days. At this point your DR. whether he be a chiropractor or doctor of medicine will detrermine if an extension is required.

I went though hell. I still have NOT recovered. The double whip lash I was diagnosed with initially was a joke in my mind. I felt fine until about 3 days later and WHAMO. BUT THAT'S another story.

I could say more but I do have some warnings for you. If you care to PM me I am on here all the time. I can tell you exactly what to expect and how to proceed and how NOT to proceed. I think in the end unless you take full advantage of the insurance and the medical care offered...with out involving lawyers (personal injury lawyers will take 1/3 the moment you get them involved and are awarded any thing. You deserve full restitution for all damages to your person and your vehicle.

You owe it to yourself. If you dont take care of yourself ....no body else will....for free that is.

[troutman]

What the government and insurance industry have done to take away your rights, and what lawyers are doing to fight for your rights:

http://www.actla.com/