what would you do?

what would you do? (Full Version)

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Missokyst -> what would you do? (4/18/2013 2:54:51 PM)
I was headed home last night with my Chinese takeout in tow, stopped and waiting for some car from the opposite direction to pass me so I could turn left onto my street when some guy who wasn't paying attention rear ended my car. My poor sweet 1995 Saturn that I love and has been a great car for me, it was her first accident in my care. She doesn't have too much damage, her trunk looks askew. I can clearly stick a pinky between the frame and the trunk and the other side it is almost close enough to rub together. My bumper is knocked sideways a bit, out on one side, in on the other. And my left tail lights are pushed out to the side slightly. All in all she didn't look anywhere near as bad as his car, that now has hood and bumper damage. This was my first accident and frankly I do not know much about collecting details. I did take pics and contact my insurance. Since the car is older, I doubt she is worth much, but I love her and she is my only transportation. Right now she is drive able but it is clear there is some damage done. As for myself I am pretty sure I must have hit the door with my elbow when he hit me because it isn't moving well (potentially a big deal since I do lift computers), and the fingers tingle on the tips. And my left lower ribs feel a bit sore. No neck injuries as I can tell other than some small ache and a bit of a headache back there. The guy that hit me repeatedly apologized, said it was his fault and it was the 2nd time it has happened to him. Of course he did stress how much more damage was done to his car and how mine looked good. He said his insurance would cover it, though I wonder how much it would based on the age of my car. The man is disabled, uses a cane and has a DP placard on his license plate. I would say his car was maybe a 2000-2005. He clearly did not look wealthy, though that has nothing to do with the accident. My friends are telling me to say I have a neck injury, which I may, but right now I cannot say for sure. The pain may be more stress from having my first ever accident. I do know my elbow bothers, even now reaching for the second keyboard hurts and opening my car door is painful, so I have been opening it with my right arm instead. I think I should maybe see a doc about it but, I really really hate being one of those lawsuit happy people. I don't like to make waves when it comes to me, or ask for things that might cause another some stress. I do think I may be resisting help also because so many people are encouraging me to take advantage of this situation. I really am torn between what should seem fair and the nice me who would just say "forget it". So those of you who have been in a similar place, what would you do?

SirCris -> RE: what would you do? (4/18/2013 3:14:17 PM)
This accident was not YOUR fault. This man has a moral, and legal responsibility to make good any damage he has caused you. That is to repair your car, to the standard it was previously or replace it! Pay for your medical treatment, and yes - you need to go to a doctor. If you had woken up this morning with some minor discomfort, then I would have said no doctor, but if you cannot open a car door without pain... There is a difference between discomfort and pain... which you should as a sub know very well indeed ! Now, get to the doctor, and then make sure your health insurance company knows about this.

slaveluci -> RE: what would you do? (4/18/2013 3:19:59 PM)
quote: ORIGINAL: Missokyst My friends are telling me to say I have a neck injury, which I may, but right now I cannot say for sure. I would get checked out so that I COULD say for sure and not be pressured by friends to say I had an injury that I may not have.......luci

LizDeluxe -> RE: what would you do? (4/18/2013 3:24:43 PM)
I would have done exactly what is says to do on the back of my insurance card: 1. Remain at the scene. Do not admit fault. 2. Call the police to report the accident. 3. Exchange information with the other driver(s) 4. Report your claim to (your insurance company) immediately. Item #2 is pretty important.

Missokyst -> RE: what would you do? (4/18/2013 3:36:17 PM)
I did call the police when I got home, but apparently unless there is an accident serious enough for ambulance they don't consider it report worthy. We did exchange info and I did report to my insurance company.

JeffBC -> RE: what would you do? (4/18/2013 3:42:02 PM)
quote: ORIGINAL: Missokyst I really am torn between what should seem fair and the nice me who would just say "forget it". So those of you who have been in a similar place, what would you do? There is nothing "fair" about you saying "Forget it". What is fair is that the person who caused the accident pays to make your car right. If you want to be "nice" I'd suggest three things. A) If the repair shop gives you cheaper vs. more expensive options to repair you can select the cheaper one -- IF YOU CHOOSE. B) If there is MINOR cosmetic damage you can have the repair shop ignore that -- IF YOU CHOOSE C) If there is no injury or minimal injury don't drag that into this... those sorts of costs can go haywire -- IF YOU CHOOSE Just so you know, I was on the other side of this. It was my fault. I wrote a note at the time to the other driver acknowledging my fault. My own insurance company was pissed at me but tough... it was the right thing to do. Were I the other guy I would not see it as "fair" if you were simply to leave your car damaged. I'd want to make it right or at least mostly right. I'd be appreciative of anything he did to save me some money but would not expect it. You need new friends... one's with some sense of honor.

angelikaJ -> RE: what would you do? (4/18/2013 3:56:31 PM)
Get yourself checked out. Have your insurance Co handle things with his insurance company. You are not being unreasonable because he hit you, damaged your car and injured you. If you do not get things checked out now and it becomes something more serious then you may be screwing yourself. Take care of yourself. That is the responsible thing to do.

Missokyst -> RE: what would you do? (4/18/2013 3:56:56 PM)
lol yeah. I am appalled by anyone advising making good of the situation, sadly this is more common than one would like. I used to be a paralegal back when lawsuits were starting to rise.

Aswad -> RE: what would you do? (4/18/2013 4:20:24 PM)
quote: ORIGINAL: angelikaJ Get yourself checked out. This. I'm somewhat surprised at the standard of medical care over there. Around these parts, you would have to argue with the cops and the EMTs if you didn't want a trip to the ER for, at minimum, an X-ray and a doc checking you out. Most likely, you would get an MRI of the neck, too, and possibly other parts. This free of charge, of course, because it costs society a lot more to leave something undiscovered than to check you out properly and treat whatever turns up, if anything. So, yeah, get checked out. IWYW, — Aswad.

Missokyst -> RE: what would you do? (4/18/2013 5:31:27 PM)
Thx all. I have contacted my insurance about the medical part at least. My elbow is definitely hurting and my fingers are now numb. And much weirder now, I feel a twinge in my right lower back, funny because it seemed to be more of a left side injury.

MasterCaneman -> RE: what would you do? (4/18/2013 5:45:41 PM)
Get your tail into a doctor ASAP. Trust me, anything past 24 hours after an accident means the insurance company has an arguing point. You would be astounded by the forces involved in a motor vehicle accident, and sometimes you don't know you're hurt until much later. For your own sake, if anything else. Good luck.

LookieNoNookie -> RE: what would you do? (4/18/2013 5:52:13 PM)
quote: ORIGINAL: Missokyst I was headed home last night with my Chinese takeout in tow, stopped and waiting for some car from the opposite direction to pass me so I could turn left onto my street when some guy who wasn't paying attention rear ended my car. My poor sweet 1995 Saturn that I love and has been a great car for me, it was her first accident in my care. She doesn't have too much damage, her trunk looks askew. I can clearly stick a pinky between the frame and the trunk and the other side it is almost close enough to rub together. My bumper is knocked sideways a bit, out on one side, in on the other. And my left tail lights are pushed out to the side slightly. All in all she didn't look anywhere near as bad as his car, that now has hood and bumper damage. This was my first accident and frankly I do not know much about collecting details. I did take pics and contact my insurance. Since the car is older, I doubt she is worth much, but I love her and she is my only transportation. Right now she is drive able but it is clear there is some damage done. As for myself I am pretty sure I must have hit the door with my elbow when he hit me because it isn't moving well (potentially a big deal since I do lift computers), and the fingers tingle on the tips. And my left lower ribs feel a bit sore. No neck injuries as I can tell other than some small ache and a bit of a headache back there. The guy that hit me repeatedly apologized, said it was his fault and it was the 2nd time it has happened to him. Of course he did stress how much more damage was done to his car and how mine looked good. He said his insurance would cover it, though I wonder how much it would based on the age of my car. The man is disabled, uses a cane and has a DP placard on his license plate. I would say his car was maybe a 2000-2005. He clearly did not look wealthy, though that has nothing to do with the accident. My friends are telling me to say I have a neck injury, which I may, but right now I cannot say for sure. The pain may be more stress from having my first ever accident. I do know my elbow bothers, even now reaching for the second keyboard hurts and opening my car door is painful, so I have been opening it with my right arm instead. I think I should maybe see a doc about it but, I really really hate being one of those lawsuit happy people. I don't like to make waves when it comes to me, or ask for things that might cause another some stress. I do think I may be resisting help also because so many people are encouraging me to take advantage of this situation. I really am torn between what should seem fair and the nice me who would just say "forget it". So those of you who have been in a similar place, what would you do? Honey...you don't know what happened, other than vehicular damage, which is easy to see....other damage (to you) is less visible/discernable. Go see a doctor, get checked out if for no other reason than to prove you were prudent in assessing your own health. Then it's on record. You might be fine...peachy in every aspect....if that's the case, all good...they pay the 200 bucks for you to be certain and you can sleep well. BUT...if you don't go see the doctor ("I'm fine...it's all good...just a scratch") and months later you're having any kind of musculature issues...you have NO case. You've proven by default that you're fine. Establish your condition, up or down. Now.

DesFIP -> RE: what would you do? (4/18/2013 7:50:27 PM)
You should go see your doctor. Get xrays. See a neurologist and an orthopedist. No fault covers medical care. As far as car repairs, do you have comprehensive or collision or what? It sounds as though the frame may be racked which is not a good thing. Call your insurance company. Be sorry for his problems, sure. But this may just indicate that it's time for him to stop driving before he kills someone.

DarkSteven -> RE: what would you do? (4/18/2013 8:08:16 PM)
You're going to get screwed on the car repair. The insurance will not want to pay more than the so-called scrap value of the car. They don't care how much it will cost to repair it, nor how much it would cost to replace it. :(

LafayetteLady -> RE: what would you do? (4/18/2013 8:14:27 PM)
You are losing feeling in your hand, and your job involves lifting things, which is now dangerous with your hand like that. So the guy walks with a cane and has DP plates. He also admits this is the second time he has done this. Perhaps he shouldn't be driving at all anymore. I know I don't because of my disability affecting my reflexes and attention span. Technically, the cops could cite both you and the other guy for leaving the scene of an accident. Of course they don't want to take a report now, because you aren't even at the scene anymore, so nothing they put in the report will mean anything. There was NO logical reason not to call the police right at the time of the accident. There is NO logical reason for you not to go to the doctor and be treated for the injuries he caused. Incidentally, what you are describing could be permanent. So yea, I'm on the litigious team that says you should be compensated. Not millions of dollars, but certainly your car repairs, your medical expenses and any time out of work. Doing anything else, is nothing more than playing martyr.

BlkTallFullfig -> RE: what would you do? (4/18/2013 8:18:47 PM)
Did you call the police, and do a report? What if he denies it now? Go get yourself checked within 24-48 hours, or you'll possibly be liable for everything. I understand the desire to be nice, but he's been paying for insurance for these very instances. I would go get myself checked ASAP, and yes, have his insurance repair the car. M

muhly22222 -> RE: what would you do? (4/18/2013 8:45:18 PM)
FR I'd take myself to the doctor's office as soon as I could tomorrow. Not only does it sound like there are definitely physical issues from the accident that you need to get treated, but you want to have a medical record if they other side contests your injuries. I'm categorically NOT saying to make anything up (like neck pain when you don't have any), but you do have real physical injury. There's absolutely no reason to drop it. That's why people are supposed to have insurance in the first place. I'm not telling you to make good off of the situation, but you want to recover your expenses, and hopefully be able to get a "new" car. I would also be having extensive discussions with my insurance agent on the process, and whether the insurance company intends to hire an attorney for you. You could also schedule a meeting with an attorney in your area to discuss any claims you might have, and what sort of rights you have in this situation, both with respect to the insurance companies and the other driver.

peppermint -> RE: what would you do? (4/18/2013 9:24:29 PM)
hugsssssssssssssssssssss. I know it's hard to do...but do what you need to do and try not to feel guilty. You are a good person. hugsssssssssssssssssssssssssss, again.

NuevaVida -> RE: what would you do? (4/18/2013 9:31:13 PM)
I'm going to echo the advice of seeing your doctor. Tell your insurance company of your pains, and go to the docs. You mentioned not wanting to sue - well you're not suing; you're getting yourself medically treated, which you are entitled to. The insurance company will likely tell you to get quotes on your car repair, or advise you where to go for a quote. They'll work out the payment details with the other guy's insurance. Once I was rear ended by a guy - he was so kind and apologetic, etc. He didn't have insurance. My car looked fine. So I told him to have a nice day, and not worry about it. In two days I had the biggest whiplash pain - ugh. But I had good medical insurance so I just got myself treated. I agree with the "don't lie" bit. Personally, I think that's really crappy advice from your friends. But all the legitimate stuff? That's what you're paying your insurance premium for. Now's the time to use it. Most importantly, I hope you feel better soon.

AthenaSurrenders -> RE: what would you do? (4/18/2013 11:21:50 PM)
quote: ORIGINAL: NuevaVida I agree with the "don't lie" bit. Personally, I think that's really crappy advice from your friends. But all the legitimate stuff? That's what you're paying your insurance premium for. Now's the time to use it. Most importantly, I hope you feel better soon. Just want to echo this. When we were in an accident we had friends, colleagues, and neighbours all telling us why we should put an injury claim in (fraudulently). We even had the insurance company on the phone several times saying 'you can't think of anything? Maybe you were a bit sore but felt ok again by the morning, that counts?' which I think is scummy. Being in the UK, any injuries we did get would have been treated free of charge anyway, so this was nothing more than a money grab. This is not your situation - you ARE injured, hopefully something that will heal quickly but that needs looking at nevertheless. I'm guessing with your healthcare system you'll be out of pocket. And even when you claim through insurance for the car, you're likely to end up out of pocket in some way. You're not being mean to him by using the system that's there to look after you in this situation.

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