Looking for opinions - Involved in an accident

[saberz]

Well yesterday on my way to work, we were at a complete stop on 287 South (traffic yay) when a young woman/girl in a Mazda macked into me from behind (guessing 25mph since her airbags deployed). First thing I did was call the cops, then the insurance and verified she was ok. The police arrived on the scene and i let them handle the insurance and report.

I elected to go to the hospital to get checked out, since my back was stiffening up and got a clean bill of health. They said it might be soreness as that is usually the case when in an impact. The girl who hit me elected to not to go to the hospital.

My question is should I get an attorney to handle/deal with her insurance (which i will have through he police department and report?) My insurance (GEICO) is going to handle the accident part of it, but said the medical PIP I would have to pay $500 deductible (im ok with that) but would be responsible for 20% of the first 5000 on the medical bill. I'm still going to speak to them about maybe having them fight her insurance to get that money too, but how difficult will it be to get her insurance to pay if i have to do it alone?

Also want to make sure my car is repaired correctly if its not totaled. I want it taken to the Toyota dealership for body work (which I will instruct the adjuster to do).

So less than 3 months ownership my Venza is in a tow yard next to her car (which is probably totaled).

Photo of said accident.
https://app.box.com/s/xvz6wsub7dy3yquyk6ly

 

[dparm]

I don't know the laws in your state, but the amount seems sufficiently large that you can't do it in small claims (where you can represent yourself). Therefore, I suggest getting a lawyer. Avvo can help you locate one: http://www.avvo.com/


As for getting the car repaired to your satisfaction, your insurance company is your friend here. Make sure they are your advocate. Pursuing diminished value is aggravating.

 

[Kuato]

Her insurance should contact you, get your statement about the accident and find out what treatment you had, and ask for you to send them the bills.

In the states where I did auto liability, her insurance company is responsible for your medical bills that are not covered by another policy. (and in some states, they must pay the entire amount; check with your insurance company to find out about your state's laws)

I would give them a week or so to contact you, then try to contact them. If that fails, or they balk at paying your medical bills when they come in, then I would contact your own company and ask about options. Only then would I contact an attorney. Until that point, if they are acting "in good faith" (a phrase I would use when talking with them if necessary) there is no need for an attorney.

You should not be $1 out of pocket for this accident, so keep track of everything you pay out and be sure to submit it.

 

[eljefino]

You shouldn't have to pay a deductible when all is said and done. The other insurance should pay without your having a lawyer if it's "simple" like getting checked out at the ER. They probably like having the medical report, frankly, that you're good-to-go and not going to haunt them a year from now. You need a lawyer if you're out of work for a while and they're playing hardball.

But, don't sign any checks that show up that give up your rights. The first might be a lowball to see if you're stupid.

 

[901Memphis]

No way that's totaled , just a scratch from this angle!

Pretty sharp picture too, is that a camera phone?

 

[crazyoildude]

its not totaled... Her insurance company should pay you in full or you could go after her in court.. What insurance company did she have? you can go to any shop you like. There are some very good ones near where the accident happened that i sometimes deal with. Find someone that will work with you. Be careful of stealership body shops they are not all bad but there are a couple that i would stay away from.

 

[Indydriver]

My son is a PI attorney. The main lesson I've learned is ALWAYS talk to an attorney when you are in an accident that involves major damage and/or personal injury. Insurance companies are scared to death of juries--they always settle if their client is at fault. You are already suffering mental anguish. You should be made whole.

 

[saberz]

My car is more banged up than depicted. When I was instructed by the officer to move my car I saw the real damage. Couldnt take pictures since my phone was nearly dead and saving it for other calls.

Basically the bumper and exhaust looked bad, exhaust might have pushed into other items ,not quite sure. She also pushed me into another vehicle in front so I have some light scuffing there. Lady in front was driving a benz and basically bounced saying she didnt have time for this stuff as she has a flight to catch.

Photo was with my phone. Another photo.
https://app.box.com/s/s6fa2d8h3lo860nwup5i

I appreciate the advise and information you have all shared, im just worried as its ny first accident and dont want to have to pay out (which I wont per instruction).

Just a lot to take in! Was so upset, not so much about the car but the amount if negligence. Im just thankful my wife or son wasnt in the car with me!

 

[285south]

If you do get a lawyer make sure you get her phone records of the 3 hour block of the time of the accident. The question is; was she on her phone? Most states now have this being illegal

 

[saberz]

I think she was. When I looked in the rear view she was futzing with something head down nearly not visible. She claims she spilt coffee. Young woman, said she was going to university. I just know she was distracted and hit my car.

Le sigh. Not fun.

 

[JHZR2]

What I learned from when I was rear ended like this is to not even talk to her insurance. They will record you and then dissect every last comment to try to give you some fault, even if you were dead stopped.

Work with your insurance, get yourself a lawyer if need be, and I'd look immediately into suing both the driver and her insurance company. Why? Because insurance companies are for profit entities, and as such are more interested in that profit than making you whole. The design of the process as a result is to create a bleeding match from the start. You starting that so they have to sink a ton of burdened labor hours into it upfront creates the need to settle immediately to minimize losses, especially when it is cut and dry.

 

[dave1251]

Check your state law. Some states require that your insurance provide legal representation at no cost to you.

 

[Cristobal]

Your vehicle does not look like a total loss. It is way too new. Go through your carrier and they should collect the deductible for you.

 

[expat]

"So less than 3 months ownership my Venza is in a tow yard next to her car (which is probably totaled). "

I would think you should get a NEW car, I mean why should you suffer the depreciation due to your 3 month old car being rear ended?

 

[whip]

Originally Posted By: 285south
If you do get a lawyer make sure you get her phone records of the 3 hour block of the time of the accident. The question is; was she on her phone? Most states now have this being illegal

If she was on the phone, is she now more at fault? How would that info help the OP's case?

 

[whip]

Originally Posted By: Kuato
Her insurance should contact you, get your statement about the accident and find out what treatment you had, and ask for you to send them the bills.

In the states where I did auto liability, her insurance company is responsible for your medical bills that are not covered by another policy. (and in some states, they must pay the entire amount; check with your insurance company to find out about your state's laws)

I would give them a week or so to contact you, then try to contact them. If that fails, or they balk at paying your medical bills when they come in, then I would contact your own company and ask about options. Only then would I contact an attorney. Until that point, if they are acting "in good faith" (a phrase I would use when talking with them if necessary) there is no need for an attorney.

You should not be $1 out of pocket for this accident, so keep track of everything you pay out and be sure to submit it.

I think this is the best info if you're looking to be made whole. If you're looking to profit, then hire a lawyer. The lawyer will take 2/3 thirds of the settlement, and it may be years before you see any money.

 

[Nick1994]

Your vehicle will definitely get fixed. But your vehicle, having been wrecked, is absolutely not worth what it was before. Aftermarket parts will be used and the vehicle history report may reflect this accident. And in 5 years the paint may not look good and there isn't anything you can do about it. What you need to do is get an auto appraiser the value of your car and see how much it has gone down, then sue her insurance company for diminished value.

Or talk to your insurance company about diminished value, they may be able to appraise it. Cash in your pocket.

 

[saberz]

I'm definitely not the type to sue for momentary gain, my morale fibre is against it unless its to bring me to an even state (diminshed value).

Ill have to speak to the adjuster when he calls.

 

[antiqueshell]

Originally Posted By: Nick1994
Your vehicle will definitely get fixed. But your vehicle, having been wrecked, is absolutely not worth what it was before. Aftermarket parts will be used and the vehicle history report may reflect this accident. And in 5 years the paint may not look good and there isn't anything you can do about it. What you need to do is get an auto appraiser the value of your car and see how much it has gone down, then sue her insurance company for diminished value.

Or talk to your insurance company about diminished value, they may be able to appraise it. Cash in your pocket.



This is a great post.

The bottom line is that you as the victim should be made whole.

You have an essentially brand new vehicle with almost no miles any repair is not going to make the car like new no matter what the body repair folks claim.

Also agree...do NOT talk to her insurance company, that is what you have your own company for, let your company do the talking.

That being said some drastic measures must be taken with the phone issues. I think it should be treated like DUI violations, with the most severe penalties resulting from using them when driving except during an emergency. You should NEVER be able to use the phone or text unless parked with the engine off unless it is a 911 matter.

 

[jimbrewer]

"They will record you and then dissect every last comment to try to give you some fault, even if you were dead stopped."


I once saw a transcript of such a conversation prepared by the company with the at-fault driver. It went something like this:

Insurance Company: "Mr. Jones, I'm your insurance claim's adjuster...." That's not a typo. At least not in the view of the at-fault driver's insurance company.

P.S. I'd say its premature to get a lawyer. Give it a couple of weeks to see how the stiffening back shakes out. (documenting everything along the way, however). There's not as much horsing around with the cost of repair as you might think. That tends to be an insurance company to insurance company deal. If you do claim personal injury, or if they are worried that you might claim personal injury, they will send someone to your door who will knock very insistently until you come to the door. Then he will write a report that you were able to come to door and looked OK. So just as a matter of general principle, have someone else answer the door or don't answer the door for a while if a strange person knocks.