Life Happens.....

[Sagebrush]

Let me just say that I am not sure if this post should be under Hopping Mad rather than here. If it needs to be moved, please do.

Anyway, I was rear-ended on Monday 5/15/17 while taking DH to work. I had been slowing down due to stopped traffic in-front of me at my exit. I had gone to this exit since I was unable to go our usual route thanks to road construction. I had been "stuttering" the breaks to keep them from locking while stopping. I had just slowed to 35 MPH and taken my foot off the break before re-applying it. I had 4 car lengths between me and the car in-front of me. In that brief instant I was hit from behind. I felt the car go up, forward, then down. We stopped about a half a car length from the car in-front of me. I had pain in my neck, nausea. I moved the car to the shoulder and called for police. I went to the hospital, nothing broken. Now however the other driver's insurance company is saying that by looking at the photos of the vehicles involved there is no way I could have sustained this injury (moderate cervical sprain) that there was not enough damage to warrant it. I have lost a weeks worth of pay, my car now drifts to the side while I am holding the wheel straight, and to top it off that insurance company gave me an offer of $1K as pay off to drop the claim for the medical. That will not even cover the ambulance ride to the hospital from the site of the accident, never mind the E.R. bill, doctor's bill, or the diagnostic testing. :evil: :evil: :evil: :evil: :evil:

At least DH wasn't hurt during the accident. He has been able to work so that is one good thing.

 

[Homer]

Get an accident lawyer on their A$$ at once Sage!! :evil: Low ball insurance companies change their tune when a legal beagle gets involves. Medical bills, lost wages, pain and suffering, lawyer expenses. etc. etc. are all valid losses plus auto repairs and loss of use. make them give a rental while yours is repaired too.

Glad you aren't hurt worse and DH is OK!

 

[Nymphadora]

I’m sorry you’re having to deal with this, Sage! I agree with Homer, go find a lawyer to growl at them a little bit. Insurance companies are awful to deal with on good days, I can only imagine the wringer they’re putting you through. DH is a firefighter paramedic, and the details his reports have to go into… and yes, your injuries and the medic’s care would be explained in detail on those forms. So if you present those to a lawyer… I imagine they could chew out the insurance company for trying to make you settle. :evil: :evil: :evil:

I know lawyers aren’t cheap, but you’ve got a lot of things going for you in this case. You were rear-ended (not at fault), you went to the hospital for treatment (police and medic reports will corroborate this), and you have a solid paper trail to start with. I hope they sent you the 1K pay-off attempt in a letter by mail, or an email, because that could be useful to have a copy of. :twisted:

I’m really glad you weren’t hurt any worse, and your hubby is ok. Make sure you take the time to heal properly, and go after that insurance company if you need to. The reason we buy expensive health and car insurance (even a “cheap” plan is by no means cheap if you have certain incomes!) is so when something like this happens we’ve paid ahead and they cover us. You deserve nothing less.

 

[FourRingCircus]

What a crummy situation! Glad you guys are OK, but I know the stress involved is not fun to deal with. I am not a sue-happy person by any means, but this sounds like a very good time for a lawyer - I wouldn't doubt you already have a stack of letters in the mail (I know here they troll for information on tickets and accidents, ready to jump). SIL got into a decent wreck a couple of years ago when a work truck in front of her lost it's cooler, she tried to stop to avoid hitting it, got rear ended, and hit it anyway. She felt fine at that moment in time, but stiffened up later that night and ended up going to the hospital, they actually made a stink about it b/c she didn't go right after the accident. MIL works for Met Life and does this stuff all day long so she was able to get it worked out thankfully.

 

[MaggieJ]

What a rotten thing to have happen, Sagebrush! So glad to know that you and DH are safe, and I hope you can get restitution for the damage. A good lawyer sounds like the best way to go.

 

[Nymphadora]

I am not a sue-happy person by any means, but this sounds like a very good time for a lawyer

Yup, I hesitate to even consider using a lawyer most of the time, but this case sure seems like they might need it. It’s unfortunate that the very institution that is supposed to protect them in times of trouble (insurance) is being such a menace.

 

[Sagebrush]

Thank you all. Believe me when I say that both DH and I are happy it wasn't worse. My insurance is going to bat for us. Making sure we are taken care of, even offering to pay the medical even though the other insurance stated flat out that their policy holder was at fault for the accident. I have had not just you guys but also family (who are not sue happy people!) tell me I should get a lawyer and make the other insurance do right. I am working with my insurance and for now, I am only looking at lawyers in case I have to move it in that direction. I am not that type of person either.

 

[Marinea]

Sorry this happened to you. Hope you are feeling better soon.

As someone who has worked for attorneys handling these cases, may I give a few thoughts? Your insurance company offering to pay your medical is standard, because they will get that money back from the other company. What your insurance company won't do is look out for you beyond that.

My thoughts: first, get copies of the police report, your medical records, any mechanic paperwork for the car. Sign nothing! Whether it comes from your insurance company or the other, without having someone look at it. Ask for all communication with the other insurance company to be by mail so there is a paper trail. The insurance company may call you to do an interview (recorded) about what happened. Be very careful with that.

Some things your insurance company will likely not push for on your behalf: any deductible for car repairs, lost wages, anything beyond a low-ball pain and suffering claim, future medicals that may come up. Your insurance company will push for reimbursement of their expenses, and that's it. An attorney will look out for you. This is one of the times when dealing with an attorney is a good idea.

 

[UFCreel]

Sage advice from Marinea. You should find a lawyer and right quick. You may suffer from your injury's down the road. As stated before do not sign anything! Around here the lawyers take one third of what is recovered. You should have to pay nothing to get the ball rolling. I was rear ended over a year ago. 4 car accident. I was slammed into the truck in front of me. I was the third vehicle with the offender and one other behind me. My insurance took care of everything. As they went after the offenders insurance company. I am still having neck issues. I did not go to the hospital at first because i felt i was just shook up. Three days later my neck got much worse. Went in. The attorney i got said it will be a couple of years before all is said and done. But that my neck being back to normal or as close to as possible is what we are working on. Get a lawyer.

 

[Sagebrush]

Nymphadora, yes. They did send the settlement offer in an email that I have printed out and set aside. I have been busy as all heck dealing with the other insurance company that I had decided today that I would ignore all the calls from them until I have had a chance to sit down with my adjuster with my insurance and go over everything, have the inspections done for both sides. I will then take all this information and sit down with a lawyer and have a full and thorough consult.

I am still in pain when I move my neck, especially if I try to move it too quickly. Only time it doesn't hurt is when I am laying down flat with a small pillow behind my head. The pain medications lessen it, but by no means take it away. So far the thing that helps the most is a hot shower and laying flat.

Marinea, I have already done the recorded statement. She was trying to use leading questions to get me to say more about my history then about the accident itself. Several times I asked her flat out "What does this have to do with the accident?" Her response was "I need it to get a fuller picture of the situation." Seemed like a cop-out to me. Heck she even asked me what my job title was, where I worked, and what does my job entail me to do on a regular basis. I told her a was a Veterinary Assisstant, at "----------" Animal Clinic. I told her I help the Veterinarian during exams and treatments of animals.

UFCreel, thankfully I have not been inundated with offers of taking my case from any lawyers. I have the chance to research and determine which I would like to go with. But I am also looking at how this will affect DH as well. I am talking everything over with him and going to have him read this thread as well, so that he can help in the decision process.

 

[Marinea]

I can explain the job questions you were asked. They were getting information for any claim of lost wages and potential future lost wages. They may have also asked (or may in the future) about your family, are you responsible for most of the housework, running the kids here and there, grocery shopping, etc. It is to tie you down to answers in the future if the matter goes to court. Personally, I would not speak with them further and ask for everything to be done by mail so you have a record. I would also ask for a transcript of the interview.

I understand not wanting to get an attorney and pursue this. I truly believe, based on the fact that you are still hurting and that they have already sent settlement docs, that this is a time when you need to have someone outside of the insurance company looking out for you.

Feel better soon.

 

[Sagebrush]

Thank you Marinea. I will be following your advice. DH and I will be talking more on this after work today.

 

[alforddm]

I don't have any advice to give but I hope you get to feeling better soon.

 

[Fernie]

Let me just say that I am not sure if this post should be under Hopping Mad rather than here. If it needs to be moved, please do.

Anyway, I was rear-ended on Monday 5/15/17 while taking DH to work. I had been slowing down due to stopped traffic in-front of me at my exit. I had gone to this exit since I was unable to go our usual route thanks to road construction. I had been "stuttering" the breaks to keep them from locking while stopping. I had just slowed to 35 MPH and taken my foot off the break before re-applying it. I had 4 car lengths between me and the car in-front of me. In that brief instant I was hit from behind. I felt the car go up, forward, then down. We stopped about a half a car length from the car in-front of me. I had pain in my neck, nausea. I moved the car to the shoulder and called for police. I went to the hospital, nothing broken. Now however the other driver's insurance company is saying that by looking at the photos of the vehicles involved there is no way I could have sustained this injury (moderate cervical sprain) that there was not enough damage to warrant it. I have lost a weeks worth of pay, my car now drifts to the side while I am holding the wheel straight, and to top it off that insurance company gave me an offer of $1K as pay off to drop the claim for the medical. That will not even cover the ambulance ride to the hospital from the site of the accident, never mind the E.R. bill, doctor's bill, or the diagnostic testing. :evil: :evil: :evil: :evil: :evil:

At least DH wasn't hurt during the accident. He has been able to work so that is one good thing.

Get a lawyer. Be prepared for a long process.

The other driver has State Farm?

 

[Sagebrush]

No they did not have state farm. They had one of the other large ones. I would just rather not name the insurance companies to prevent a slandering suite against me. I hope you all understand.

 

[macksmom98]

Ugh well regardless of how you have been treated you should have bills and receipts that will document what everything has cost you. I know its a pain a may take longer, but get those all together and submit to your insurance, letting them know that you want them to collect on the damages. I think that may help. You can always turn copies over to their company too, but might as well be as uninvolved as you can. My MIL recently hit the top accident/injury attorney in our areas red porche. In my vehicle. It hasnt been fun but our insurance company has been amazing and we really havent had too much we needed to do. I hope you feel better and best of luck collecting on it all!

 

[Sagebrush]

Well I guess an update is in kind of order. After being off work for that week, without pay mind you. When I could go back I could not afford to go to work, the gas was too much. Therefore I couldn't keep my job. I have been without work, bills piling up, others insurance company didn't pay any of the bills for the doctor visits, my insurance paid out about a week ago. I FINALLY got the stupid form for the missed wages LAST NIGHT. Oh but here is the kicker.... I have to get my former supervisor to fill out the form before I can scan it and submit it to the others insurance. As if all of this isn't bad enough, we are short on the rent and I have to go talk with the front office to see if we can extend payment to the 15th when we can make up the difference enough to pay in full.

 

[MaggieJ]

I'm so sorry, Sagebrush. (((HUGS)))

It's just so absolutely unfair that all this should happen because of someone else's drving error. Hope things turn around for you soon.

 

[Sagebrush]

Well things are looking up MaggieJ. I got a call today for one of my interviews. I was hired and I just am waiting to hear back for when I get to start! My complex manager is letting me have till the 15th to finish paying the rest of the rent, DH gets paid by then and can manage what is left and some of our smaller bills that are due. We will make things work but man is it frustrating right now.

 

[MaggieJ]

:congratulations:

Landing a new job must be such a relief for you! Well done! Hope the rest of the "stuff" smooths out for you very soon too. :goodjob: