Car accident

[Ready]

DH was rear ended on the freeway last week by a woman who fell asleep while driving. His Prius was totaled. He’s doing OK, but his back hurts and he’s pretty sore.

Our insurance company (Amica) has been great. They offered us a very fair amount for his car. We have already purchased a Tesla Model 3 to replace it and we plan to pick it up on Tuesday.

So that leaves us with one issue to deal with. He was on his way to a 3 day ski trip when the accident happened. He had to cancel the trip but still got charged for the hotel room. He’s been to the doctor and been prescribed rest for another week, but we don’t know whether there will be any long term effects from the accident. The driver was insured by Allstate. We have not contacted them yet.

At a minimum I would like to be reimbursed for the hotel charges and doctor’s visits. But what about any future issues related to back pain. Has anyone had to deal with this? Do we need to hire an attorney, or just put Allstate on notice at this point and then wait and see how he is feeling?

 

[MarieIG]

If your insurer pays for the doctors' visits, they will look to AllState to be reimbursed.

Was a police report created? If not, you may need to ask for one. Also, make sure that your insurer knows about the physical complaints. The bill for the medical treatment should be submitted through the auto insurance.

You can put AllState on notice that you are making a claim for the costs of the trip. But be careful about settling before you know the extent of DH's injuries, or you may find out that you've settled the personal injury claim as well.

 

[VanWinkle]

DH was rear ended on the freeway last week by a woman who fell asleep while driving. His Prius was totaled. He’s doing OK, but his back hurts and he’s pretty sore.

Our insurance company (Amica) has been great. They offered us a very fair amount for his car. We have already purchased a Tesla Model 3 to replace it and we plan to pick it up on Tuesday.

So that leaves us with one issue to deal with. He was on his way to a 3 day ski trip when the accident happened. He had to cancel the trip but still got charged for the hotel room. He’s been to the doctor and been prescribed rest for another week, but we don’t know whether there will be any long term effects from the accident. The driver was insured by Allstate. We have not contacted them yet.

At a minimum I would like to be reimbursed for the hotel charges and doctor’s visits. But what about any future issues related to back pain. Has anyone had to deal with this? Do we need to hire an attorney, or just put Allstate on notice at this point and then wait and see how he is feeling?

I would contact Allstate and put them on notice of DH injuries and ongoing treatment. Do not offer to sign any releases at this time. You can wait to talk to the adjuster and see if he will address all of your concerns and expenses. If he is not cooperative, that would be when you would make a decision on an attorney to represent your interests. You could also just get the attorney first, but the outcome is not guaranteed and you normally give up 33% of your settlement.

 

[Lakewood90712]

If it was me, I would not contact the other drivers insurance co. Let your insurer negotiate on the property damage. It will be some time, maybe months, before you know if any injury is permanent.Soft tissue injuries take time to heal. Don't be in a rush. If say, 45 days goes by, and still receiving treatment, then consider contacting an atty.

You have at least a year from the date of accident if need be to pursue a civil suit.

See my signature for my legal qualifications.

 

[MRG]

Oh, I've been hit before and had issues. Sign nothing and get educated. An attorney can be a great asset in these cases. While I only did it 1/3 (yeah 3 morons rear ended me) I'd really look at it.

There is a system to these settlements, make sure you understand the system and are completely comfortable before you sign anything.

 

[HFWR]

I recommend a getting 1971 Impala. Some guy in an Isuzu pickup rear-ended me at a traffic signal. Pretty much totaled his pickup; barely dented my bumper...

 

[REWahoo]

I recommend a getting 1971 Impala.

Just don't try to buy a 2020 model.

 

[gerntz]

Just don't try to buy a 2020 model.

 

[akck]

A son was involved in an accident insurance claim. The adjuster stated that if we involved a lawyer (also told us we had a right to do so), they would stop talking to us. Since we’d have to sue a friend, a lawyer wasn’t an option. I’d negotiate with the adjuster to see what they’ll offer as a settlement. If you don’t like it, you can provide additional information to see if they’ll increase it or you can hire a lawyer. In our sons case, the offer was reasonable.

 

[pj.mask]

You can always consult a lawyer with your paperwork for an hourly fee and get his advice. There is a difference between getting council and having an attorney represent you

 

[Bamaman]

Those tailenders are tough. Like was said earlier, you never know if there are physical damages until later.
But the person hitting you in the rear are just about always considered at fault except in a few cases (like if you pulled out in front of them.)
You just have to take it day by day.

 

[pb4uski]

I recommend a getting 1971 Impala. Some guy in an Isuzu pickup rear-ended me at a traffic signal. Pretty much totaled his pickup; barely dented my bumper...

A friend of mine and his DW were rear-ended and injured.... both now drive Toyota Land Cruisers... the biggest SUV Toyota makes.

 

[Ready]

Thanks for all the replies.

We have already settled with Amica for the loss of the Prius. Their number was very fair. We don’t have medical coverage so reimbursement would have to come from Allstate. Amica can’t represent us in asking Allstate for reimbursement of any costs that our own policy would not cover. It would be up to us to deal directly with Allstate on that.

A police report was filed. The woman who hit DH admitted she fell asleep while driving, so I think fault is clearly established.

At this point we have not reached out to Allstate yet. Do we just call them to let them know we were involved in an accident and not discuss any further details until we have a strategy?

 

[Lakewood90712]

Allstate already knows. Your insurance company has already made a claim to recover their loss in paying you for the car. They may not know about injuries unless the accident report made to the dmv states so. Again I would advise to avoid talking with Allstate at this time. They may seem friendly initally, but the adjusters job is to pay little or nothing if possable,and fairness just not the company goal. Not just Allstate , all insurers.

 

[cathy63]

Yes, you can call Allstate directly to file the claim, but your health insurance provider should also be doing that. They don't want to pay for your DH's treatment if they can stick someone else with the bill. If he didn't provide that information when he first went to the doctor, you will probably get a letter in the mail asking you for it. When my DH got forced off the road on his bike and broke his hand in the fall, we had a letter from Kaiser (our health insurance) about a month later with a form to fill out describing how the injury occurred and asking for contact information for any possible responsible parties. (The other driver didn't stop, so we didn't have any info to give them and our insurance paid for his surgery and follow-up PT minus co-pays and deductible, which we had to pay.)

Also, the minimum bodily injury coverage in CA is only $15K, so there may not be very much for you to collect against, especially if your insurer is submitting their bills as well. You'd have to sue the driver to get more than their policy limit.

For the hotel bill, I suspect the other driver's auto policy will not pay for that. Does the credit card you used to pay the bill have any kind of travel insurance benefit? I'd start there rather than Allstate. If you can't get anything from the credit card or the auto policy, then you'd have to get it from the other driver.

 

[jollystomper]

This is going back almost 30 years, but while waiting on an on ramp to enter parkway traffic I was rear-ended by a college student rushing to school. She admitted everything on the spot - to me, to the police, I thought she was about to admit to several local unsolved crimes, she was confessing so much.

My car was not totaled, but I did have a $1000 deductible. I also went to the doctor a day later due to neck pain. Within a week after the accident, my car still in the shop, my insurance company (GEICO) called and said they would be pursuing getting my deductible. I told them I had to see a doctor and they said submit any doctors bills as I got them related to my neck issues. They also followed the call up with a letter to put it in writing.

I ended up with a couple of doctor visits and a little rehab (neck massage) over the next three months. Everything fully healed, I sent the bills in, and received reimbursement from GECIO for both my deductible and the doctor/therapy bills.

As for the hotel... if it is a national chain that you have used frequently (or may be a rewards member of), you can write them and explain the situation, it might reimbursed. I had to do this once with a major chain, and while they did not give me cash, they gave me the equivalent in rewards points that I could use towards a future hotel stay.

 

[Sunset]

A son was involved in an accident insurance claim. The adjuster stated that if we involved a lawyer (also told us we had a right to do so), they would stop talking to us. Since we’d have to sue a friend, a lawyer wasn’t an option. I’d negotiate with the adjuster to see what they’ll offer as a settlement. If you don’t like it, you can provide additional information to see if they’ll increase it or you can hire a lawyer. In our sons case, the offer was reasonable.

That is standard legal practice once you have a lawyer, and your lawyer wants that to happen.
Otherwise, your lawyer is talking to the insurance.
Then you phone up and say on the recorded line, or in a meeting with adjusters stupid stuff like "I think it's my fault" or "I'll settle for $20,000"

There goes your lawyers case out the window where he/she was negotiating how the insurance would pay $80,000

 

[donothing]

2020 model

It's ok to buy the 2020 model. In 2040.

 

[CoolRich59]

We were rear-ended on the interstate in Sept.

I did not even involve my insurance company. The other driver’s insurance got my car repaired at the shop I selected and provided a rental while it was being worked on. When the car was done, they asked me to sign a release and I declined. They were a bit miffed, but didn’t push it.

A couple of weeks later, the soreness in my neck and back hadn’t gone away, so I went to my chiropractor for treatment. I contacted the insurance company to let them know and said that I am expecting them to reimburse me once I’m done.

I will submit all the statements when I’m done with the treatments and will be willing to sign a release once I get reimbursed. I will only involve an attorney if they try to jerk me around.

 

[CoolRich59]

That is standard legal practice once you have a lawyer, and your lawyer wants that to happen.
Otherwise, your lawyer is talking to the insurance.
Then you phone up and say on the recorded line, or in a meeting with adjusters stupid stuff like "I think it's my fault" or "I'll settle for $20,000"

There goes your lawyers case out the window where he/she was negotiating how the insurance would pay $80,000

This. Once someone has an atty, they cannot discuss the matter without the atty’s knowledge and consent.

In my practice, I never gave consent because, as Sunset mentions, too often clients [-]say the stupidest things[/-], er ... clients have a propensity to misspeak.

 

[Bir48die]

If it was me, I would not contact the other drivers insurance co. Let your insurer negotiate on the property damage. It will be some time, maybe months, before you know if any injury is permanent.Soft tissue injuries take time to heal. Don't be in a rush. If say, 45 days goes by, and still receiving treatment, then consider contacting an atty.



You have at least a year from the date of accident if need be to pursue a civil suit.



See my signature for my legal qualifications.

+1

 

[Crabby Mike]

This. Once someone has an atty, they cannot discuss the matter without the atty’s knowledge and consent.

Hey, I'm no lawyer, but ... really? It sure seems to me that the attorney works for me, not vice versa, and if I choose to talk with the other party sans counsel, that's my prerogative, however foolish that might be. If my lawyer doesn't like it, he can quit. Am I wrong?

 

[CoolRich59]

Hey, I'm no lawyer, but ... really? It sure seems to me that the attorney works for me, not vice versa, and if I choose to talk with the other party sans counsel, that's my prerogative, however foolish that might be. If my lawyer doesn't like it, he can quit. Am I wrong?

Yes, you could talk to the other party, but it is highly unlikely their attorney would be part of that conversation if they knew you were represented by counsel. To do so would be an ethics violation.

And, yes, I think it's foolish to discuss a matter with the other side on your own if you are both represented by counsel. In my experience, that's usually a recipe for disaster because, depending on the deal, it's rare that one party is in command of all the facts or the resulting consequences.

In fact, a key factor driving my retirement was the propensity of my clients to cut deals "without the lawyers bogging us down" that eventually cost their companies serious $$. Then, as soon as these deals would blow up, the first thing they'd do is blame me, complaining that I should have saved them from themselves.

 

[akck]

That is standard legal practice once you have a lawyer, and your lawyer wants that to happen.
Otherwise, your lawyer is talking to the insurance.
Then you phone up and say on the recorded line, or in a meeting with adjusters stupid stuff like "I think it's my fault" or "I'll settle for $20,000"

There goes your lawyers case out the window where he/she was negotiating how the insurance would pay $80,000

I also took it to mean that we’d have to sue to get any reimbursement for injury expenses. Since my son was a passenger in a friends car, there was no way we’d sue the friend.