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Post by cindyupnorth on Dec 7, 2023 23:45:20 GMT
My dh and I were in a major car accident this wkend. We were stopped at a stop sign and someone came up and rear-ended us going about 60mph. He pushed us in to the car ahead of us, so front and back impact. All our airbags deployed, and both my dh and I were hurt. My car was totalled. The guy that rear ended us, was about 6 ft under under car from hitting us. He broke his leg. All 3 cars were totalled. The state patrol said the other driver was high on drugs. We were brought to the hospital via ambulance. My dh had a lacerated scalp they stapled up, and lacerated spleen. He was admitted overnight. I have a abdominal laceration from the seat belt and huge abdominal contusions. Our dd came and got us and drove us home the day after my dh was admitted. Since we have been home my dh has had a lot of shoulder pain. Today I ended up taking him to the ER, and he tore the ant ligament in his cervical spine. He has to be in a cervical collar for 6 wks. Had to have a MRI, has to see neurosurgery.
Ok....so we have talked to the police, state patrol, our insurance. I assume they are working on things. What's the likelihood that this is all going to turn out well? Do we need a lawyer and is that worth it?? What can we expect and watch out for??
Its been just surreal that one second you are sitting at a stoplight, and the next. we literally could have been dead. surreal.
My car was bought brand new, and 3 yrs old, but man. I now love that car. I think it saved us.
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Post by katlady on Dec 7, 2023 23:55:04 GMT
I hope you and your SO heal quickly! How scary! Sending both of you healing vibes!
I guess getting a lawyer will depend on how the insurance companies deal with each other. The guy behind you is definitely at fault. My only concern is the car in front of you. Hopefully the insurance companies will see that it was not your fault for hitting them. I would probably wait to see what happens with the insurance companies before getting a lawyer. But. I’ve never been in a major accident.
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valincal
Drama Llama
Southern Alberta
Posts: 5,797 
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Post by valincal on Dec 7, 2023 23:58:38 GMT
Wow…how scary! Glad you’re both (relatively) ok. I hope the financial side gets figured out without too much difficulty. Take care.
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pantsonfire
Drama Llama
Take a step back, evaluate what is important, and enjoy your life with those who you love.
Posts: 6,241
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Post by pantsonfire on Dec 7, 2023 23:58:44 GMT
My dad got me a lawyer for the DUI accident. He was able to reduce what I owed the trauma 1 hospital by A LOT. Yes he was costly and took away from my settlement winnings but to go from 80k to 23k out of pocket medical was worth it.
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pantsonfire
Drama Llama
Take a step back, evaluate what is important, and enjoy your life with those who you love.
Posts: 6,241
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Post by pantsonfire on Dec 7, 2023 23:59:27 GMT
I pray you both health back to good health. And I am glad you are both here. Rest and rest and rest some more.
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Post by katiescarlett on Dec 7, 2023 23:59:41 GMT
Did the driver that hit you have insurance? Do you have underinsured motorist coverage (Called UM or UIM) on your policy? You may need a lawyer, just depends on whether the other driver's insurance is going to make you a fair offer, and what that driver's policy limits are. You need to make sure you document all your injuries. Take photos and videos. Don't settle too quickly. You may have long term injuries that you aren't aware of at this time.
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pantsonfire
Drama Llama
Take a step back, evaluate what is important, and enjoy your life with those who you love.
Posts: 6,241
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Post by pantsonfire on Dec 8, 2023 0:03:50 GMT
Did the driver that hit you have insurance? Do you have underinsured motorist coverage (Called UM or UIM) on your policy? You may need a lawyer, just depends on whether the other driver's insurance is going to make you a fair offer, and what that driver's policy limits are. You need to make sure you document all your injuries. Take photos and videos. Don't settle too quickly. You may have long term injuries that you aren't aware of at this time. This. Part of what the lawyer did was make sure insurance could not deny any surgeries or treatments or therapies even years down the road. I have had 5 surgeries. |
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Post by roundtwo on Dec 8, 2023 0:14:39 GMT
Oh wow, how crazy and scary for you both! I have no idea on how any of this works - I am not in the US - but hopefully you should be able to navigate this without the huge expense of lawyers. I really hope you both have a smooth recovery and the legal system works for you!!
Dh and I were rear-ended a couple of years ago and where we live it is considered a no fault accident, even though we were stopped when it happened - the other driver was texting. We were very fortunate though - no injuries, just a crumpled rear end.
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pantsonfire
Drama Llama
Take a step back, evaluate what is important, and enjoy your life with those who you love.
Posts: 6,241
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Post by pantsonfire on Dec 8, 2023 0:14:54 GMT
The best part was I just had to give a statement. He handled everything. He spoke with dh's auto insurance, the drunk who hit us, and my medical insurance as well as the trauma 1 center. It helped make it easier for me to recover.
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FurryP
Drama Llama
To pea or not to pea...
Posts: 7,278
Site Supporter
Jun 26, 2014 19:58:26 GMT
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Post by FurryP on Dec 8, 2023 0:21:00 GMT
For all that damage and especially the medical care, I would consult an attorney. And don't cash any checks you get from the insurance unless the attorney tells you to. For my sister it was well worth it. The insurance tried to pay way lower than the actual medical costs.
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Post by cindyupnorth on Dec 8, 2023 0:33:32 GMT
All 3 of us have insurance.
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Post by malibou on Dec 8, 2023 0:33:52 GMT
I'm so sorry this has happened to you. Scary all around.
I would consider an attorney, particularly because injuries are still cropping up and may continue to do so.
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Post by ntsf on Dec 8, 2023 0:35:48 GMT
It is better to get a lawyer now.. vs when things are a. mess down the road. and probably cheaper too.
get a good referral from the bar association. or any other lawyer you work with.
this is a serious situation and you may need ongoing care that you don't know about yet.
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GiantsFan
Prolific Pea
Posts: 8,501
Site Supporter
Jun 27, 2014 14:44:56 GMT
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Post by GiantsFan on Dec 8, 2023 0:49:13 GMT
I would probably consult with a lawyer. And have them review any settlement that may be presented to you.
I'm sorry about your accident. How scary. Hopefully you both heal quickly.
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snyder
Pearl Clutcher
Posts: 4,340
Location: Colorado
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Post by snyder on Dec 8, 2023 1:30:54 GMT
I'm sorry about your accident! That had to be so scary. I hope you and your hubby heal quickly and all goes smoothly, but we all know insurance.
I would give it a little bit and see how their insurance and yours handles this. If things are not going in the right direction for, an attorny is probably your best bet. Whatever you do, do not agree to close the case even in you are doing better in 6-8 weeks. You both could have long term issues that will need to be address. Huge {{{Hugs}}}
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Sarah*H
Pearl Clutcher
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Post by Sarah*H on Dec 8, 2023 1:37:43 GMT
I'm sorry this happened and I hope you and your husband recover quickly.
You do need a lawyer. I know that's not what you want to hear but it's the only way you will get the insurance company to be fair. Please take your time and research before you hire someone though. You are probably going to start getting solicitations. And this isn't the sort of case you want to just go with your aunt's neighbor's best friend's husband. Ask around and find out who is the best personal injury/motor vehicle accident attorney in your area and hire that person.
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Post by busy on Dec 8, 2023 1:41:26 GMT
I agree with getting a lawyer. If there weren’t significant injuries involved, just damage to the vehicles, it’s manageable to deal with. But once medical bills and injuries with potentially long-term ramifications are involved, you need someone who’s only on your side. DO NOT worry about seeming “greedy.” You won’t get more than you deserve. You don’t know how this will affect your health long-term, and you deserve to be made as whole as possible. You will not advocate for yourselves as effectively as an attorney will.
I hope you are both fully recovered sooner than later. I’m glad it wasn’t worse - it sounds like you were lucky given the speed and being sandwiched between two cars. So scary. Take care of yourself.
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Post by calgaryscrapper on Dec 8, 2023 3:13:31 GMT
When dh’s cas was rear ended he had to visit the Chiropractor within a couple of days to start a claim. Check with your insurance company if this will be a concern. Our car had low mileage for the year of the car. They offered a lower amount of money than we expected for the claim. We searched online for a similar car with similar low mileage in our Province for sale and presented it to our company and they equalled it. Wonder if there is a possibility of a lawsuit for you. Sounds like there might be long term damage. I was in an accident once. A nineteen year old rear ended my car. We have paperwork from our insurance company in our glove box that your ask for everything but people’s blood type. The other family tried to lie and said the Mother hit me. I don’t think it faired well for them.
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Post by mom on Dec 8, 2023 3:14:56 GMT
I am so sorry and hope you both have a speedy recovery!
I would go and talk to a reputable lawyer now. Sure, the insurance companies may all play nice but I wouldn’t count on it. You need someone watching out for your best interests that isn’t also dealing with medical issues as a result of this crash.
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Post by revirdsuba99 on Dec 8, 2023 3:47:28 GMT
So very sorry you are going through all this mess. Hope you are both feeling better soon.
Do not speak to his insurance company!!! You are paying your insurance company to speak for you right now. You probably need a lawyer going forward. If you have used a lawyer in the past for wills etc, give s/he a quick call for a referral. You will want someone who is in the field of handling MVAs, but also is reputable and will serve you well. Again let ins co do their thing for now.
Oh, does your insurance have no fault with medical coverage? Here in NJ, MY insurance covers my medical, then they go after the other INS Co... See who will provide you with an immediate rental at their expense.
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Dec 8, 2023 3:59:19 GMT
First and foremost, I am so glad you guys were ok, considering. I hope you both start healing fast. I had abdominal abrasions once. Not fun.
You might need an attorney but I don't know that I would go there just yet. They won't charge you anything but they will take 1/3 of anything you get. They get their portion first, then you get yours. You will pay your medical bills from that. You get what's left. I will say though, they can negotiate with the providers. Just like if you were filing through your medical insurance, the provider charges a different rate.
Given the fact that there are 3 vehicles and multiple passengers involved, it's very possible that the at fault party will hit their policy liability limits quickly. As someone already mentioned, if you have UIM (under insured motorist), it might very well come into play. This is when the at fault party doesn't have enough policy limits to cover all parties. And it's not hard to get there. If you have already filed a claim with your insurance, they can handle it and subrogate to other party. Or you can wait and see how the at fault party's company proceeds.
Don't sign any releases until you are 1000% sure you are done treating. Also, don't be a hero and not have something looked at because you think they won't believe you (the insurance carrier).
I hope this gets resolved rather quickly. It might not go very fast but I do hope it's not super drawn out.
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Dec 8, 2023 4:03:03 GMT
So very sorry you are going through all this mess. Hope you are both feeling better soon. Do not speak to his insurance company!!! You are paying your insurance company to speak for you right now. You probably need a lawyer going forward. If you have used a lawyer in the past for wills etc, give s/he a quick call for a referral. You will want someone who is in the field of handling MVAs, but also is reputable and will serve you well. Again let ins co do their thing for now. Oh, does your insurance have no fault with medical coverage? Here in NJ, MY insurance covers my medical, then they go after the other INS Co... See who will provide you with an immediate rental at their expense. Actually, they are going to need to speak with the at fault carrier to give their statement. In most cases, the only way your insurance will get involved, is if they are actually handling a claim. Then they'll handle everything with you and then subrogate the other party. But they won't speak on their insured's behalf without an actual claim they are handling. |
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Post by cindyupnorth on Dec 8, 2023 4:04:58 GMT
Our insurance co. Already told us we can talk to whoever. Since it wasn’t our fault at all. But the other insurance hasn’t asked anything yet
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Post by Zee on Dec 8, 2023 4:16:04 GMT
That's so scary, I'm glad you are alive!
With those injuries to DH I would absolutely involve an accident attorney right now. Yes you will have to pay them out of your settlement, but you need to be protected for the future by ensuring you aren't low-balled or prevented from seeking care related to those injuries in the future. A lacerated spleen and cervical involvement are pretty significant.
I do get a kick out of the slip and fall and accident attorney commercials on the air in Atlanta. Usually raps about cash cash cash, or else a guy that sounds like he is literally a bulldog. I just picture a very thick neck.
Get the best and don't wait to see what insurance will do for you--what they'll do is try to get you to go away as cheaply as possible. Fine for a broken toe, not fine for splenic and neck injuries.
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Post by crazy4scraps on Dec 8, 2023 4:23:57 GMT
I’m so sorry you’re having to deal with all this and hope you and your DH heal quickly. I’d absolutely get a lawyer to look out for your interests especially because you were pushed into the car in front of you and because you had serious injuries that you may not know the full extent of yet. That happened to my DH once (no injuries thankfully, just significant vehicle damage) and I think he would have been better compensated if he would have hired an attorney. Good luck and I hope you both are feeling better soon.
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Post by manda on Dec 8, 2023 4:26:41 GMT
First, I am so sorry you and your husband have to go through this and I wish you speedy recovery.
Your insurance will not represent you to the other insurance company for your injuries based on my experience. It’s up to you to manage this usually though I guess this could be state specific.
My advice would be stop talking to the other driver’s insurance company and speak with some attorneys. Do not settle for any offers of claim money now.
Your medical insurance is going to expect reimbursement from any insurance payments or settlements for all costs, not just your costs.
I suffered injuries 8 years ago in a series of car accidents that were not my fault and tried to do it the nice way and learned so much (of what not to do especially!) I hired an attorney and it took four years to settle. I went through six years of treatment and still live in pain.
I would strongly encourage you to hire an attorney, especially if the other driver has decent coverage.
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Post by Basket1lady on Dec 8, 2023 5:48:40 GMT
I don't have any advice, but wanted to say how glad I am that you are ok. I'm sending healing thoughts your way.
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Post by Lurkingpea on Dec 8, 2023 6:16:57 GMT
Get an attorney. You or your husband could have long term injuries you can't even foresee now. You will get offered what ever your car is worth at best by insurance and all likelihood lower, not even close what it costs to actually replace it. Will work be missed? An attorney will deal with all of that for you. They shouldn't require any payment until you get paid. Your husband's injuries could have ongoing repercussions. At least speak to one to see what they say.
I am glad you are ok. Car accidents are terrifying.
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Post by christine58 on Dec 8, 2023 10:34:10 GMT
All 3 of us have insurance. I would think you’re gonna be OK. I’m sorry this happened to you. I got rear-ended once, but she was only going about 40 miles an hour and it was the scariest thing I’ve ever experienced. In fact, I probably had some, I hate to use the phrase, PTSD the next time I got in my car. I continue to check my rearview mirror to make sure nobody was behind me. Give your insurance company a couple of days and maybe give them a call on Monday and see where things are. I would think that the fact that you all have insurance that everything is going to work out. Sorry that you and your husband got so injured. Make sure, I’m sure you know this, to keep track of every medical bill, and to make sure that they add this recent injury that was discovered in your husband. I’m glad you’re OK. |
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Post by mikklynn on Dec 8, 2023 14:49:09 GMT
Because of the seriousness of your DH's injuries, I would retain a lawyer. I'd be concerned he will have lifelong issues with his neck.
I'm so sorry this happened to you and pray you both recover quickly.
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