Your thoughts?

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Your thoughts?

Postby powerlineman » Wed Dec 15, 2010 8:18 pm

My wife was rear-ended yesterday by a girl that was not paying attention to what she was doing and hit my wife which in turn slammed our 2010 Toyota Corolla (we've only made 3 payments on it) and tore the front end up pretty bad too. I contacted a lawyer because I'm pissed because nobody checked on my wife that stayed strapped into the car until the Ambulance took her to the E.R. I wont get a statement till Friday at 8am and then I'll see if the girl had insurance or not. My wife works for Honda Manufacturing of America and she's a Temp worker right now and she got 2 points for missing last night as they dont care what goes on, whether you have an excuse or not. So she missed work last night because of the E.R. visit and missed 8 hours and possible hour of overtime because of this. Not to count the depreciation of the car now because even the front doors are hitting the fenders she was hit that hard. The girl that hit her claimed she was ok and walking around after the accident but she called me crying after the wreck and I told her not to move until the cops showed up. The didnt even get a statement from her so now I'm worried what this police report is going to say. She went back to work tonight because if she misses 2 more days she is fired (she was on 4 points or 2 days missed and was fixing to get 2 points to roll off) and now she's at 6 points and Honda was hiring the temps in until March and she was set up to be one of the hired people until she got the 6 points.

I've talked to an Ambulance Chaser in nearby Birmingham and they are cocked and ready to sue. Money is bad enough right now with Christmas and we have only been married for 6 months with us losing our baby in her 2nd month of pregnancy and on June 13th (the day after the wedding) the baby was stuck in her right tube and it ruptured causing her to bleed internally and the E.R. was going to send her home to die until we got mad and made them do something. The said if we went home she would have died. The baby had a heartbeat and that was the hard part but we had to do what we done to save my wife as the baby wasnt going to develop and would have killed her. Its been one thing after another ever since.

So do you all think I should sue? If she's un-insured or not I want to go after her, but if my insurance company has to pay I dont want to sue them as State Farm has always treated me great (my first ever claim and I'm 30). After the way my wife was treated and what we stand to lose the Lawyer said we DID have a case and it wouldnt cost us anything if they took us on and are only taking 33% if we win. We are going after lost income, possibly her work career, and the depreciation of the brand new car thats worth nothing now. Thanks to all who reply and sorry its been so long. I know the old regulars here remember me and remember my single hard headed attitude in the past but now I'm married with a beautiful wife who was actually my first girlfriend in high school and her 6 year old son whom is pretty much mine because of certain situations with his father. Thanks again,


Josh
SM only (C2-T1, T10-T12)-Cervical Post Operative Radiculopathy-Degenerative Disc Disease-Anxiety-Depression-Chronic Fatigue-Osteoarthritis-Bulging Discs (T5-T7)-Sarcoidosis-Spina Bifida
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Re: Your thoughts?

Postby Amy Joe » Thu Dec 16, 2010 5:37 am

Josh I understand how mad you are about the accident. I pray your new bride is OK and has had a complete check over. Some injuries do not show themselves for a while.

This is how my state works, not sure how yours does. A police report is generated and a fee is charged for a copy of it. Citations noted in the report and or fault. Equity or current market value loose has to be small claims court....

Getting a lawyer takes the burden off your wife and you. MVA suits take time....in Ma. we place a claim against the insured and if not enough funds use our own underinsured.

Lost wages in Ma are capped, depending on the injury.

Most importantly is to care for your wife and leave other stuff to lawyer for now. He is paid to help both you deal with this.

Amy Joe
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Re: Your thoughts?

Postby wendi » Thu Dec 16, 2010 1:28 pm

Speaking as an insurance agent and as one who used to work for State Farm, let's look at this another way. Your wife and you as her husband are entitled to some money, but not a lot as she is not terribly injured. Since she went back to work ( I know she had to) they will look at that, she is entitled to money for lost wages, damage to the car, car rental and some pain and suffering. Since the claim is relatively small, Why get an attorney to take a third of what you are entitled to? State Farm is fair. If you have some of this coverage on your insurance, many times in your state, your insurance pays for medical and lost wages first, no matter who is at fault. This is just state law. I know it feels like your car has depreciated due to the wreck, but once it is fixed, it will retain it's value unless it is totaled. Since she was rear ended there should be no question about who was at fault even if the cop did not do his job. If the other person did not have insurance or had state required minium, you are entitled to uninusured or underinsured on your own insurance and you don't have to sue State Farm to get it. Again, why give the lawyer a third of money you are entitled to? Your agent will help you with this and these things are negotiable. A setlement for pain and suffering is usually a percentage of her medical bills and lost wages. Since it sounds like she was not severly injured, you may be giving up a third of what little bit you are entitled to.

You can always get the car repaired and trade it in so you have a brand new one again if you don't feel the same after it is fixed since you are only 3 payments in. If it is totalled see if they have the replacement coverage like we at Allstate offer on brand new cars.

Any other questions, feel free to ask.

Wendi
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Re: Your thoughts?

Postby tennesseewalker » Thu Dec 16, 2010 4:44 pm

My DH had the very same thing happen a year ago. A girl rear-ended him on his way to work and pushed him into the car in front of him which then hit the car in front of them. All 3 had State Farm and we had Allstate. The only thing that confirmed the girl hit my DH first was that his glasses were knocked off his head and ended up in the back seat. Good luck to you, whatever you decide to do.
Mary
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Re: Your thoughts?

Postby jchebert1979 » Fri Dec 17, 2010 10:03 pm

The whole insurance thing aside, what is the deal with her employer? I am pretty sure that there are laws against termination due to a catastrophe, especially is she was injured at no fault of her own. If you did get a lawyer, I would def. ask him/her about that.
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Re: Your thoughts?

Postby wendi » Mon Dec 20, 2010 8:59 am

Depends on what the laws are in your state. Here in PA, it is an AT WILL STATE meaning you can be hired or fired at will, they don't have to have a reason to fire you. So long as it is not out and out discrimination, they can fire you for any reason whatsoever. It depends on the labor laws in Powerlinman's state.

Wendi
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Re: Your thoughts?

Postby hegnauea » Mon Dec 20, 2010 11:16 am

Depending on how long and how much she has worked at her job, she might qualify for FMLA, which is a federal law.

If she qualifies and if her company has to participate, there is specific language regarding protecting ones job due to hospital stays:
http://www.dol.gov/compliance/laws/comp-fmla.htm

Ab
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Re: Your thoughts?

Postby powerlineman » Wed Jan 05, 2011 10:33 pm

Well the car in front had no insurance. The adjuster told me today that if he cant get in touch with him this will be billed to me according to the report that blames her without her statement and the front car moved. The girl that rear-ended my wife has State Farm too, but they are trying to get out of paying for the front end damage as the girl claims she seen my wife hit the first car, and then she hit my wife because she couldnt slow down quick enough :roll:

I'm leaving State Farm and going elsewhere. Been with them MY WHOLE driving like (14 years) and this is my first ever claim and never had a ticket but yet they are treating me like we caused a 50 car pile-up. Even my claims agent seems against us. Their estimate is $7,100 and some change. The car brand new was $17,700.

As for her job, Honda rules the state of Alabama. They get to treat their employees like they want. If you leave work early and puke blood up on the owners you will still get 2 points for not working your shift. If you clock in a second late, 2 points. Couldnt make the 1/2 mile walk from the parking lot in time? 2 points. Your husband died? Take 3 days without pay. All these manufacturers came South so they could run from the UAW's and knew us po' Southern folk would work hard for $15 an hour. Thats why Honda, and Hyundai are here with Kia right across the GA. line. Toyota is in North Alabama and Mercedes in West Alabama.
SM only (C2-T1, T10-T12)-Cervical Post Operative Radiculopathy-Degenerative Disc Disease-Anxiety-Depression-Chronic Fatigue-Osteoarthritis-Bulging Discs (T5-T7)-Sarcoidosis-Spina Bifida
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Re: Your thoughts?

Postby wendi » Thu Jan 06, 2011 8:37 am

Well, that is just terrible. I used to work for a State Farm agent before I became an Allstate agent and I have found your insurance is as good as your agent. Have you tried calling him/her? Sometimes they will go to bat with the claims office. I know I will get on the phone yelling for my clients if I don't like they way they are being treated. Even tho you both have the same company, you are supposed to get separate reps that work for each of you and fight for you and if they don't then that is your agent's job. Before you leave them, call your agent and let them know what is going on. I know I would want to try and do what is right for my client, but I can't say the same for yours. Too bad you are not in PA, cuz I would take you in a heartbeat!

You can also file a grievance with your state's insurance Dept if you don't like the way the claim is handled and sometimes just telling the claim rep this will get action. This works better than saying you are going to sue because once you have an attorney, they can't talk to you anymore, but the states insurance dept. puts the fear of God into them. Just a suggestion.

Hang in there!
Wendi
ACM 7.5mm B4 TCS 2.4mm post op
TC ,TCS @ TCI on 1/3/08,
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Re: Your thoughts?

Postby tennesseewalker » Thu Jan 06, 2011 3:32 pm

I just remembered an incident that my son witnessed. He drove on home and told me about it and I told him to get back into his car and go back up there. He witnessed the car to the left of him getting rear-ended, and when he got back to the scene, he told the cop he saw it all. It seems the guy who started it all claimed that the guy he hit had already hit the car in front of him (conflicting stories).

After getting statements from both drivers, he took a statement from my son. The cop then said "outstanding" (because he confirmed one of the statements) and told my son thank you for coming back. The poor guy that got rear-ended was so thankful to my son for coming back he was almost crying from relief.

So many people lie to keep themselves out of trouble and don't give a hoot about the poor innocent guy left holding the bag...Thou shalt not bear false witness against thy neighbor...

Another thought...so many streets have cameras, maybe the accident was caught on one of them...

Good luck Josh,

Mary
Mary
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Re: Your thoughts?

Postby aspen13 » Thu Jan 06, 2011 8:03 pm

I rearended someone, I was doing 10-15 MPH in traffic, I felt so bad. I called my insurance and told them it was all my fault and to do what ever she needed. They has said she went to the doctors, I felt so bad I sent her a get well card...apologizing.

It is my only accident and no tickets. I didn't even get my car fixed and she had a very minor scratch. I do believe she did get hurt, because I was sore and went to the doctors too. I just can't imagine not taking responsability for something like that. I think my insurance must have been upset with me...they increased my rate for three years by $60 a month.

I hope your wife is okay!
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Re: Your thoughts?

Postby wendi » Fri Jan 07, 2011 9:11 am

Awww, they don't do it cuz they are upset with you. There are laws and it goes by how much they pay out for property damage and if you are at fault and weather or not you have accident forgiveness. Only then can they surcharge your policy. These are state laws. In PA, the amount is $1500.

Wendi
ACM 7.5mm B4 TCS 2.4mm post op
TC ,TCS @ TCI on 1/3/08,
chronic sacrolitis
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Re: Your thoughts?

Postby Beverley » Fri Jan 07, 2011 2:48 pm

If there are conflicting stories... like this.
She hit the car in front of her first but Yettt I just couldn't seem stop my car too... before hitting her?
It would seem to me that the person at the end of the line would/should be charged with the obvious...
Where there is conflicting stories and no evidence to prove the unlikey sceniaro...
Not that it is not possible to happen that way buttt how likely is it to happen that way???

If the person at the end is not charged or cannot prove beyond the shaodow of a doubt like by video camera ...
Then this is what everyone will say when this happens. with more that two cars? Sounds like a scam to me....
If there is no evidance that this crazy scenario happend then you have to go with the obvious most likely possibility.

What's next.. Sorry Officer the my foot just wounldn't get off the gas petal. She must have been useing a
vudo doll and makeing me do it.... Ugggh!!

Not right at all I say!!

Beverley
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Re: Your thoughts?

Postby tennesseewalker » Fri Jan 07, 2011 4:00 pm

I wish more people were like aspen13. People who tell the truth are too few and far between these days.
Mary
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