For the board barristers
Was involved in a very bad car accident yesterday. My car may or not have been totalled, still to be determined. I am sore as heck, but did not require hospitalization. My daughter was with me as well. Same story for her - sore but no medical treatment required. A couple of punks were street racing and took out several cars, including mine. At least two were totalled. Six vehicles in all were damaged, including the punks'.
Very scary accident. I got swideswiped, huge BANG, airbags deployed, nothing I could do and no time to react. Had to quickly egress through the passenger door, as my door was inop. Just going about my business on a Saturday afternoon.
I am very thankful as it could have been much worse. Any damage to my car (that I dearly love, it's a beauty), is immaterial in the bigger picture.
But I'm also pissed. How do I make these punks pay? I want compensation for having to go through this bullshit.
Do I have any recourse, or should I just shut up and chalk it off? Bmail is fine as well.
Replies to: For the board barristers
Update: Thanks to all for the wishes and advice
Haven't yet decided what, if anything, I'm going to do. But I more ticked off today than yesterday. Sent a bud some pics who provided them to an adjuster friend of his, and his initial assessment is my car is likely totalled.
I'll be getting a medical check up, as will my daughter.
Thanks again.
Glad you and your daughter were able to walk away.
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First, I'm glad you're both ok.
In regards to going after the punks, see if the DA is going to press some more serious charges, and look into some civil action.
PSA for all posters: make sure you have substantial coverage for underinsured motorists.
Always assume that the other driver (who causes the accident) is either not insured or is underinsured.
If you or your loved ones are seriously injured, you want to have funding to cover your medical costs and pain/suffering. This coverage is very cheap to buy, even for $500k or $1 million in coverage.
Property damage to your car is covered by your insurance carrier. Bodily injury is covered by the other driver’s insurance carrier. Even if liability is a slam dunk against the other driver (e.g. running a red light), it does not mean that the liability translates to collectible compensation for you. Even assuming the other driver is insured, he/she may have minimum coverage. The other driver’s carrier may easily agree to pay out the policy limits, but that could be a drop in the bucket of what is needed.
Make sure you have plenty of coverage to fund the prospect that the other driver is not insured or is underinsured.
FWIW, I only handle criminal cases. But, I’ve learned some things about insurance coverage over the years.
Good advice on buying UM insurance. The no fault and other auto
insurance statutes vary from state to state. Here up to your coverage limit, your carrier pays the meds. You can get the property damage paid by your carrier less the deductible, or from the adverse driver if there is insurance. I have always gotten a fast fair adjustment from my carrier and will pay the $500 deductible which they will collect back for me from the other carrier if there is one. I don’t even bother with the other carrier unless I have to if there is a bodily injury claim. Been in two serious accidents so I know those ropes in this state. In one I was very glad I had robust UM/UIM coverage.
Your own policy will pay your meds and those of your daughter.
Your own policy under the collision coverage will also either pay to fix or total the car less your deductible. Easier than going after the adverse driver. You technically can for the deductible paid but your carrier will likely do it for you if the other guy has insurance.
You probably can sue the other driver for pain and suffering if you want unless you chose a limitation on doing so to buy cheap coverage. If the other guy didn’t have insurance, you can get payment for that from your own company under uninsured motorists coverage. That about covers it.
Obviously, get checked out. You prolly at worst have soft tissue injuries that will just go away, but if you do need treatment, you want to confirm that as close to the accident as possible.
If the other.party is at fault, and has liability
Insurance, required in most states,, they will take care of the collision damage to car and supply u with rental car. If u go to uf own carrier, u have to pay ur deductible to get ur car fixed or totaled
Not true, the op insurance should take care of all damages, collision and med pay. A lawyer
won't get intolved unless you pursue a bodily injury claim against the opp insurance. They can't make any $ helping u with the collision. U can have yr company take care of damage, but
You will have to pay yr deductible, and they will try and get all $ back from op insur. but that takes time,
State laws vary on this scenario as do insurance policies.
My hope is that you guys are ok. I’m an attorney but I advise all my friends not to litigate. In general the system is set up to benefit lawyers far more than victims.
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Unfortunate one of the board attorneys didn't follow the ambulance to the scene of the accident.
Really though, glad you and your daughter are okay.
did you get out and kick their ass? are you comfortable asking someone to kick the shit out of them
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NT sorry to read this but there are sometimes latent damage to nerves and other tissue damage. Take
care hope you and your daughter don’t suffer any long term effects.
Really sorry to hear about that, Nigel...having been victimized in a nasty crash, I second the
suggestions that you get medically screened right away...I(even the Highway Patrol Officer who helped us offered the same advice).
Absolutely, should always get checked out even if you appear fine.
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That’s rough. Good to hear you and your daughter
came away relatively un-injured.
Best of luck with getting compensation.
You and your daughter should get fully checked out medically now. What seems like mere soreness
can sometimes be a sign of or masking something more serious. Better to tie it to the accident now than think something is related to the accident when it's still nagging months down the road and points up a more serious condition.
Glad to hear that you and daughter were not seriously injured.
Based upon those facts, police should have criminally charged the punks with multiple counts of Reckless Endangering.
You can sue the punks, but you'll need a plaintiff's lawyer. It won't cost you any legal fees, as these type of lawyers work on contingency. Two obstacles: (1) Are there enough damages to attract a lawyer to take the case? [Wait 6 months to assess. Too early to have any sense of emotional/physical suffering by you and daughter] (2) Were the punks insured?? [If so, your lawyer deals with insurance carrier. If not, check your policy for uninsured motorist coverage]
Also, you likely know this, but never speak with the punks' insurance carrier. Direct all calls to your adjuster or your lawyer.
That last sentence sounds like a really good piece of advice
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If u get a lawyer, u are out of pic.everything goes thru them
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Always more prudent to obtain legal counsel before doing anything on one's own.
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U, however, will have to deal with op adjuster to determine
settling car damage/ total loss