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Post by stampinbetsy on Sept 18, 2017 17:14:31 GMT
I rear-ended another car during rush hour on the highway last month. It seemed like a minor accident to me - pretty much no damage to my car, some damage to her bumper.
Apparently in the course of dealing with my insurance, she has gotten increasingly "cagey," and has now hired an attorney. She did this after my insurance refused to pay for her chiropractor visit before the claim was settled.
I know it will be ages before this is all taken care of, and the insurance company is working on it, but ugh. What a pain.
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Post by Zee on Sept 18, 2017 17:24:46 GMT
Well I can hardly blame her for that if they're refusing to pay for her to see a chiro after being ear-ended. Insurance companies are notorious for trying to get out of stuff that they should be paying. Now she's had to get an attorney, which is really annoying on her end. I've been in her shoes, had an insurance company try to refuse payment for my medical bills when I was the passenger. I had to threaten legal action.
But I'm sorry you're having to deal with this. It sucks! And I'm glad you weren't hurt!
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Deleted
Posts: 0
May 5, 2024 15:24:55 GMT
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Post by Deleted on Sept 18, 2017 17:38:42 GMT
Her insurance probably is the one hiring the attorney. It is quite common for insurance not to cover anything until the claims are settled, because it would open them up to bigger claims.
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Post by mikklynn on Sept 18, 2017 17:41:11 GMT
The good news is you don't have to do a thing. Your insurance company will handle it.
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Post by revirdsuba99 on Sept 18, 2017 17:50:31 GMT
With all the things wrong in NJ, I am very thankful for our 'no fault ins' which covers your own medical bills right away.
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Post by leslie132 on Sept 18, 2017 17:57:39 GMT
I rear ended some one 25 years ago. Right before the time limit ran out she sued my insurance. She wanted 50,000 for her ruptured breast impants and her husband wanted 50,000 for lack of spouse. He wasn't even in the car!
The whole incident read like the Brady Bunch episode...... where the case went to court and the victim was in all the body gear and couldn't move. Until someone dropped a brief case.
Regardless, I was a wreck (for lack of better words) for a long time. I was young and very naive......now I would just expect them hiring a lawyer!
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Post by 950nancy on Sept 18, 2017 17:59:38 GMT
I sit on both sides of the fence with this. My husband's enormous truck was hit in the wheel by a tiny car that blew through a stop sign. My husband's truck flipped on its side. This was last September and he still has neck pain. The other insurance paid for some of the bills, not all.
When I was 22, I idled into the car in front of me during a traffic jam. No dents, no scratches and I was not going fast enough for it to show on my speedometer. We exchanged information just in case. I had to appear in front of a judge and told my side and what she said. While exchanging info, the girl in the front seat had laughed and said that she had always had a crooked finger she had wanted to get fixed. Apparently she was going for it. The judge tossed the case and nothing happened. I didn't lose any points either.
My point is that you never know. I hope the lady is fine and that she gets the care she needs. Your insurance should pay for it.
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Post by myshelly on Sept 18, 2017 18:00:42 GMT
I rear ended some one 25 years ago. Right before the time limit ran out she sued my insurance. She wanted 50,000 for her ruptured breast impants and her husband wanted 50,000 for lack of spouse. He wasn't even in the car! The whole incident read like the Brady Bunch episode...... where the case went to court and the victim was in all the body gear and couldn't move. Until someone dropped a brief case. Regardless, I was a wreck (for lack of better words) for a long time. I was young and very naive......now I would just expect them hiring a lawyer! Lack of spouse doesn't have anything to do with him being in the car. It is a tort that means because of her injuries, her spouse suffered damage. Because of her injuries, she couldn't contribute to the family in the way she usually does.
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Post by 950nancy on Sept 18, 2017 18:00:56 GMT
With all the things wrong in NJ, I am very thankful for our 'no fault ins' which covers your own medical bills right away. We experienced that when my son was hit. Thank God for no fault. Our insurance went after her insurance and was paid back.
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Post by workingclassdog on Sept 18, 2017 18:12:28 GMT
Same thing happened to me about 7 years ago.. I accidentally hit a guy.. he stopped suddenly at a yellow light while I thought he was going through cause I was gonna make it as well. (maybe wrong on my part but that's what I was gonna to do).. I hit him on his bumper, hardly any damage to his truck, my car had some damage and had to be towed. We pulled over, I called the police, who wouldn't come out because there were no injuries. We exchanged information and he drove off. I had to get a tow truck. He didn't seem upset or nothing really.
I get a call from my insurance company (State Farm) and found out he was suing me (not me but the insurance company) for over $100,000 for medical reasons. (Edited to add, it was right before the time limit was up) I about came unglued. Sure he could have had some stiffness or something. He got out of his truck (piece of crap truck too) and was just fine. I get it that he could have had some stiffness, but I didn't hit him that hard.
Anyways, since I have had a pretty much perfect driving record, my insurance didn't go up and they didn't drop me or anything and still with them. He did end up getting a settlement, which I believe was around $80,000. The insurance person told me because the facts given to her from his attorney, and the way he stopped at the yellow light, she said it wasn't uncommon for him to sue me and actually win.
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Post by librarylady on Sept 18, 2017 18:53:11 GMT
Back in '94 my son used my company vehicle to go register for HS. It was permitted in the company policy that son could do this.
He was in a construction zone, going about 15 mph and rear ended a woman. (As time went on, we wondered about the honesty of the woman.) Police were called etc. Woman was gracious--we rushed over to the scene. Her car was already damaged from a previous wreck. Of course, I notified the company. Fortunately the person with whom I spoke told me to take multiple photos from all sides etc. on the company car. "But there is no damage." --"Take the photos anyway."
The time limit in Texas is 2 years for suing about an accident. 2 years to the day, less one day, the lady filed suit. She didn't use an attorney but copied the legal words from a previous lawsuit. She was suing for hundreds of thousands--car damage, bodily harm (really?), damage to her clothing (!!) etc. Of course, my employer handled it all.
She ended up getting $25,000 from the company because a rep. did not make the court date. I'm not sure what happened after that--I only know because an underling called ME to scold me for not going to court. When I called back to ask what that was about, I found out that I had done all I was responsible for, and a person from the insurance company had not made the court date. I have no idea if she got more money or not. ........I do think she made a living out of car lawsuits.
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Post by debmast on Sept 18, 2017 18:56:34 GMT
The good news is you don't have to do a thing. Your insurance company will handle it. Unless it goes to trial, then you'll have to show up for that.
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Post by debmast on Sept 18, 2017 18:58:28 GMT
Same thing happened to me about 7 years ago.. I accidentally hit a guy.. he stopped suddenly at a yellow light while I thought he was going through cause I was gonna make it as well. (maybe wrong on my part but that's what I was gonna to do).. I hit him on his bumper, hardly any damage to his truck, my car had some damage and had to be towed. We pulled over, I called the police, who wouldn't come out because there were no injuries. We exchanged information and he drove off. I had to get a tow truck. He didn't seem upset or nothing really. I get a call from my insurance company (State Farm) and found out he was suing me (not me but the insurance company) for over $100,000 for medical reasons. (Edited to add, it was right before the time limit was up) I about came unglued. Sure he could have had some stiffness or something. He got out of his truck (piece of crap truck too) and was just fine. I get it that he could have had some stiffness, but I didn't hit him that hard. Anyways, since I have had a pretty much perfect driving record, my insurance didn't go up and they didn't drop me or anything and still with them. He did end up getting a settlement, which I believe was around $80,000. The insurance person told me because the facts given to her from his attorney, and the way he stopped at the yellow light, she said it wasn't uncommon for him to sue me and actually win. So your insurance company said it was uncommon for him to sue you and win, but they paid him $80,000?
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Post by mikklynn on Sept 18, 2017 19:13:29 GMT
The good news is you don't have to do a thing. Your insurance company will handle it. Unless it goes to trial, then you'll have to show up for that. Of course, but the insurance company will still handle the lawyers and depositions.
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Post by debmast on Sept 18, 2017 19:19:10 GMT
Unless it goes to trial, then you'll have to show up for that. Of course, but the insurance company will still handle the lawyers and depositions. Yes. But she may have to be deposed as well.
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Post by stampinbetsy on Sept 18, 2017 19:20:39 GMT
I am very thankful that the insurance company is handling this. The rep my case got transferred to when she hired an attorney seems to think this lady may not be on the up and up. I looked up the attorney she hired, and her website is one of those "we'll get you $$$ for your car accident" types. Not as bad as some I've seen, but definitely one that belongs to a P.I. attorney. Apparently this lady has been in an accident before and sued, but didn't go with the same attorney this time.
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Post by anniefb on Sept 18, 2017 19:26:01 GMT
The good news is you don't have to do a thing. Your insurance company will handle it. That ^^
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Kerri W
Pearl Clutcher
Posts: 3,768
Location: Kentucky
Jun 25, 2014 20:31:44 GMT
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Post by Kerri W on Sept 18, 2017 19:26:13 GMT
Responding as the person who was rear ended, I can relate to the other side of the story. My car didn't *look* like there was any damage at all yet was totaled. I was rather pissed that her careless driving caused a HUGE imposition for me. Being without my car while they were deciding whether to total it, shopping for a new car when it simply wasn't convenient for me, taking time off work for all of that plus multiple chiro appointments. Not to mention that his all happened Dec 20-not exactly a great time to navigate the whole thing with everybody out for the holidays. All because I was minding my own business stopped at a stoplight and she was tired and distracted while driving. I'm sympathetic that it's a stressful time for you and hope for the best.
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Post by deekaye on Sept 18, 2017 19:34:06 GMT
A couple of years ago I rear-ended someone at slow speed. The line of cars in front of me stopped to let someone make a left hand turn... I just wasn't paying attention and slammed on my breaks but "kissed" the bumper of the guy in front of me. I had no damage and the guy had a taillight broken but man, what an a$$ he was while we exchanged information! I was upset and was apologizing, knowing that it was my fault. Then he let me know that HE was an attorney. Ugh...
Thankfully, our insurance companies played nicely (he had less than 100 dollars damage) and I never had to hear from him again but I truly was expecting to be drug in to court with him wearing a neck brace, back brace and crutches!!
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scrappinmama
Pearl Clutcher
Posts: 4,866
Jun 26, 2014 12:54:09 GMT
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Post by scrappinmama on Sept 18, 2017 19:41:25 GMT
I'm sorry you are going through this. Hopefully the insurance will work everything out. They should have just paid her chiropractor bill, but that's totally out of your control.
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MizIndependent
Drama Llama
Quit your bullpoop.
Posts: 5,836
Jun 25, 2014 19:43:16 GMT
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Post by MizIndependent on Sept 18, 2017 19:52:19 GMT
Well I can hardly blame her for that if they're refusing to pay for her to see a chiro after being ear-ended. Insurance companies are notorious for trying to get out of stuff that they should be paying. Now she's had to get an attorney, which is really annoying on her end. I've been in her shoes, had an insurance company try to refuse payment for my medical bills when I was the passenger. I had to threaten legal action. But I'm sorry you're having to deal with this. It sucks! And I'm glad you weren't hurt! So, the person OP hit is trying to get OP's insurance to pay the chiropractor directly? That's not how it works. She's supposed to be going through her own insurance - they pay all medical/PT claims and repair costs then go after OP's insurance company in one go but the person hit doesn't wait because her own insurance kicks in immediately. At least that's the way it works in Oregon.
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Post by Darcy Collins on Sept 18, 2017 19:56:01 GMT
Well I can hardly blame her for that if they're refusing to pay for her to see a chiro after being ear-ended. Insurance companies are notorious for trying to get out of stuff that they should be paying. Now she's had to get an attorney, which is really annoying on her end. I've been in her shoes, had an insurance company try to refuse payment for my medical bills when I was the passenger. I had to threaten legal action. But I'm sorry you're having to deal with this. It sucks! And I'm glad you weren't hurt! So, the person OP hit is trying to get OP's insurance to pay the chiropractor directly? That's not how it works. She's supposed to be going through her own insurance - they pay all medical/PT claims and repair costs then go after OP's insurance company in one go but the person hit doesn't wait because her own insurance kicks in immediately. At least that's the way it works in Oregon. Every state is different. I was rear-ended when I lived in Colorado and dealt directly with other driver's insurance company. I could have contacted my insurance company if I had difficulty being reimbursed or the other driver wasn't insured, but it's not necessary in Colorado (or at least wasn't 10 years ago).
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Post by bianca42 on Sept 18, 2017 20:03:13 GMT
Well I can hardly blame her for that if they're refusing to pay for her to see a chiro after being ear-ended. Insurance companies are notorious for trying to get out of stuff that they should be paying. Now she's had to get an attorney, which is really annoying on her end. I've been in her shoes, had an insurance company try to refuse payment for my medical bills when I was the passenger. I had to threaten legal action. But I'm sorry you're having to deal with this. It sucks! And I'm glad you weren't hurt! So, the person OP hit is trying to get OP's insurance to pay the chiropractor directly? That's not how it works. She's supposed to be going through her own insurance - they pay all medical/PT claims and repair costs then go after OP's insurance company in one go but the person hit doesn't wait because her own insurance kicks in immediately. At least that's the way it works in Oregon. I was rear-ended several years ago in NY and dealt directly with the other insurance company. Mine didn't come into play at all. However, if I was getting a hard time from their insurance I probably would have gone through mine and had them take on the other driver's insurance. I hope that everything is handled in the best possible way for both of you.
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Post by stampinbetsy on Sept 18, 2017 20:03:23 GMT
Her insurance probably is the one hiring the attorney. It is quite common for insurance not to cover anything until the claims are settled, because it would open them up to bigger claims. I think this is why they wouldn't pay for the chiro - she hadn't accepted their proposal.
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peaname
Pearl Clutcher
Posts: 3,389
Aug 16, 2014 23:15:53 GMT
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Post by peaname on Sept 18, 2017 20:29:57 GMT
I went through a similar situation. The driver I hit claimed he was okay, refused an ambulance, etc. it was $800 damage to his bumper and $1,000 to mine to give you an idea of how minor the accident was. He hired an attorney the next day and TWO YEARS later the case settled after I had to give a deposition. So, yes, it will take a long time most likely try not to get too upset by it.
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Post by Zee on Sept 18, 2017 20:55:37 GMT
Well I can hardly blame her for that if they're refusing to pay for her to see a chiro after being ear-ended. Insurance companies are notorious for trying to get out of stuff that they should be paying. Now she's had to get an attorney, which is really annoying on her end. I've been in her shoes, had an insurance company try to refuse payment for my medical bills when I was the passenger. I had to threaten legal action. But I'm sorry you're having to deal with this. It sucks! And I'm glad you weren't hurt! So, the person OP hit is trying to get OP's insurance to pay the chiropractor directly? That's not how it works. She's supposed to be going through her own insurance - they pay all medical/PT claims and repair costs then go after OP's insurance company in one go but the person hit doesn't wait because her own insurance kicks in immediately. At least that's the way it works in Oregon. Not sure, the incident where I had to threaten legal action I was dealing with the other company directly but then neither company was mine (again, I was the passenger) and it was a long time ago. When my DD got rear-ended a couple years ago, we did just have our Progressive take care of it but she didn't need any medical care. I see what you're saying, and probably the other party has no choice but to hire an attorney to get things paid for.
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Post by stampinbetsy on Sept 18, 2017 21:00:57 GMT
I went through a similar situation. The driver I hit claimed he was okay, refused an ambulance, etc. it was $800 damage to his bumper and $1,000 to mine to give you an idea of how minor the accident was. He hired an attorney the next day and TWO YEARS later the case settled after I had to give a deposition. So, yes, it will take a long time most likely try not to get too upset by it. The rep who called me this morning said it would probably be spring before they receive a package from the attoenwy to do something with, so I don't expect this to happen quickly. The other person is dealing directly with my insurance - I doubt she called hers.
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Post by jumperhop on Sept 18, 2017 21:10:30 GMT
This is why you have insurance, it gives you a free pass to not to have to worry about this! It's going to be fine! Jen
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Post by gmcwife1 on Sept 18, 2017 21:26:24 GMT
I rear ended some one 25 years ago. Right before the time limit ran out she sued my insurance. She wanted 50,000 for her ruptured breast impants and her husband wanted 50,000 for lack of spouse. He wasn't even in the car! The whole incident read like the Brady Bunch episode...... where the case went to court and the victim was in all the body gear and couldn't move. Until someone dropped a brief case. Regardless, I was a wreck (for lack of better words) for a long time. I was young and very naive......now I would just expect them hiring a lawyer! I remember that episode I'm sorry OP. Though it seems like it might be common. I hope she doesn't ask for more then what would cover her costs if she wasn't at fault. And I hope it gets taken care of quickly and easily for you. My friend was rear-ended on the way home from the dog show Saturday night. She had to come back Sunday morning (2 hour drive) because we left all our gear there. She was got little to no sleep Saturday night and just had neck surgery 2 months ago. It was a very long day for her, but her dog did win his class and get a point towards his championship
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tduby1
Pearl Clutcher
Posts: 2,979
Jun 27, 2014 18:32:45 GMT
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Post by tduby1 on Sept 18, 2017 21:52:24 GMT
Just because an accident *seems* minor and no one *seems* injured, doesn't make it so. ---> the girl who was rear ended but seemed fine and a month later was in the ER w extreme abdominal pains. This went on for two months, until I was finally admitted, underwent two surgeries (one being an emergency life saving surgery) and a month long hospital stay total. The fault was determined to be internal bleeding and intestinal scarring caused by the seat belt at (the seemingly innocuous) impact. My (no fault) insurance paid my medical, his paid pain, suffering and lost wages, as well as a fair amount for disfigurement (I was left with two hideous post surgical scars).
I have no doubt in the 25 ensuing years the gentleman who hit me has told the story many times about the girl he hit in aminor fender bender who was just fine but came after his insurance for an outrageous amount anyway. (The truth is, we shared an insurance company and they came to ME and presented ME with an offer that was much more than my 22 year old self ever imagined and I accepted. I have no doubt I could have sued and won given how quickly they settled (a mere months) but I really don't think I'd have ended up much more, if any, after hiring s lawyer and waiting several years then I did by settling and investing the money.
The point is- you have absolutely no way of knowing what injuries there may be that were not initially obvious.
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