Question about a car accident
 

My fiance was in a car accident last week. She got rear-ended pretty bad. It was not her fault, and I dont think that this will ever be of any question. When she got hit, she hit her head on the steering wheel (even with her seat belt on) and hurt her neck. She went to the hospital for x-rays and a CT scan and everything was negative (thank God).

Anyways, her neck has been sore and she had some ringing in her ears. The doctor said it was a sign of whiplash.

Aside from getting her car fixed, what does the other guy's insurance have to pay for? I am not one to go out and get a personal injury lawyer and sue someone. I just want to make sure we dont have to pay for anything, including medical bills.

What should we do? Should we get a lawyer to protect ourselves or what? I am just looking for help.

Thanks. Maybe someone can chime in that has been through this. I, personally, have never been in a wreck where someone has been injured.

I would think that insurance would cover it. I was in a fender bender this weekend, and the first question both insurance companies asked were "Was anyone in your car injured?" This leads me to believe that insurance would have something to do with it...unless they were just pretending to be nice.
Just call the insurance company. 9 times out of 10 they will give you a correct answer. If they say "No, we don't handle that." Ask them who does, and I'm sure they will know. Good luck. Let us know what happens.

I would get a lawyer just in case. Insurance companies aren't going to pay a penny more than what you hassle them for (my bro was in a bad accident and had to hire a lawyer because the other guys insurance wouldn't cover anything but the truck), and most accident lawyers aren't going to want payment until you get paid, so there's no out of pocket. But that is the best way to get what you deserve, plus a little pain and suffering.

Get a lawyer before you make any other decisions. Do not settle anything until you have a lawyer.

The other side may try to get you to settle something quick. Do not do it.

Have I made my point?

Just don't sign any kind of release.....

You normally have one year to submit bills against this
incedent....it may take a couple of months to know if
everything is ok....and they have to pay for any physical
therapy she might need...

I can not stress this enough. GET A LAWYER!!! Run, don't walk. Sign and say nothing until you do. Insurance companies are out for one thing and one thing only...themselves, and fuck you.

Your insurance should pay for it. Or his.

I was in a car wreck nearly 3 years ago. My idiot ex was driving and fell asleep. I was in the hospital for 5 days, and my (well, parents) insurance paid for it. As well as $50,000.

I probably could have sued my ex and his insurance company and got more, but I didnt see the point in it.

I hope she feels better soon!

see that???? yeah.. get one... really... truly... madly.. deeply...

I would also suggest getting a lawyer.. I myself was in a pretty bad accident where I broke my left femer. Thankfully insurance covered everything... or most of it.

Did you know if you hit a telephone you have to pay 5 grand for it? pfft.. I wonder if I can keep it.

in singapore i had to pay S$75 for hitting a tree.. luckily it was an old one.. sapling would have cost S$1000.

I own a tree in Singapore :) if that phone is still there... why not?

You have to remember one thing.
Injuries can have long-term affects, and can show up later.
If it's significant enough that she's already having some issues,
then there is a good chance for long-term or later issues.

Make sure you are totally covered.
Insurance usually wants to get thing over and done with quickly.
For them this is business,
For you this is personal.
Don't sign anything until you've had an independent review on your health.

Good luck.

A friend of mine was just screwed by the cop (shut up, perv) and the insurance company. She was hit while turning because a man ran a red light and hit her. The cop said that she was at fault because it doesn't matter what color the light was, she was turning and he was going straight. She can't afford a lawyer, and after a month of trying to fight it, she gave up. Now she's being sued because her insurance won't pay for the other guy's car, and he "wasn't at fault."

Even if you did nothing wrong, you can get screwed this badly, and you want everything you can on your side.

odd.. there's lots of lawyers that take accident cases on without payments at all.. just waiting for their ability to take whatever 1/3 they can get...

Did she have comprehensive insurance? We were in a similar predicament. Our insurance paid for us to see a chiropractor and then called upon the other insurance company of the man at fault to reimburse them for the money. Later on we negotiated with them for a settlement. I had the same type of injury. Had a bruise on my forehead from hitting the window frame even though I was belted in. Also had some spinal problems and sprained wrist as I was holding tightly to the door handle when we hit. If you don't have comprehensive though I am not sure. In retrospect I wish we'd gotten a lawyer as I know for a fact our settlement could have been greater.

I agree get yourself a Lawyer. It will be well worth it. Many don't expect any payment unless they can get your money for you. If they don't win they don't get paid. I think that's pretty good motivation for them to do a good job.

I have to disagree. Lawyers cost money, lots of it! If you have a solid insurance provider then they will handle all of it. I speak from experience. I got into a wreck back in 2000. I rammed a 2000 Dodge Dakota into an Infinity SUV. That car rammed into a Toyota pickup truck. It was my first accident ever. I had $9000 damage on my truck, scrapped the Infinity SUV, and had $200 in damage to the Toyota bumper. I had to pay only $1000 for the entire mess after my insurance company took care of everything. I wasn't even called while they went to work. This is what they are paid for. That monthly or semi-annually, or annual bill you pay for insurance goes into these people working behind the scenes. Feel free to schedule an appointment with your insurance company rep and ask any questions you have regarding your pending case. A lawyer will just be there to hold their hand to make sure they are doing what they always do and it doesn't come cheap. Good luck!

I am curious as to why alot of you are asking about OUR coverage. I do NOT want this accident on our record. All it will do is raise our premiums.

ABSOLUTELY!

OK, with everyone's advice, I talked to a lawyer this morning. He is a longtime family friend, so I feel as though I can trust him. He told me to let the insurance handle it, but then to talk to him before any settlement is reached. He will look out for my interests.

Thanks for the advice, guys.

whether you want it to or not it's part of the record.. computers computer computers.... filing a claim with one insurance company will alert the others. depending on the state you live in, NY/NJ is a no fault state meaning that it's not anyone's fault for the accident, but still you had an accident, you are a statistic and are at higher risk.

Wow, I was right for once?

Sorry to hear about your GF's accident. I hope her medical condition improves and there are no lasting affects. Aside from all the posts directing you to an attorney (imperative!) I wanted to say something about the car repair.

I was recently hit by someone running a red light. The resulting damage amounted to $12K to my 2001 Acura CL. In my case there was no argument of liability and the insurance company paid for everything. In ADDITION to the car repairs I filed a separate claim for "diminished value" against the insurance company. Essentially it is a claim to cover the loss of market value that occurs when a vehicle is damaged. The insurance companies don't want you to know about this type of claim, however, it is your right to collect.

They settled for an additional $4K that I put in my pocket with no argument whatsoever.

Since you have an attorney, he should be able to handle this additional claim for you,

PS: the year, make and model does have some bearing

Lewis - Thanks for the tidbit. I will be sure to talk to the insurance company and my attorney about this.

I am glad I asked about this in here. I guess that is why we are all here. To learn something. Oh yeah, and to be entertained! :D