Posted: 2/6/2011 3:52:54 PM EDT
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First some background.
So Friday night about 7pm my wife and I were in her car west bound on I-70 in the slow lane. Traffic slowed to a stop and a few moments later we were hit from behind by another vehicle. The other vehicle hit us straight on and pushed us about 50 yards then swerved left in to the fast lane and hit another vehicle and both of them went in to the median. I came to my senses soon enough to get back on the brake and steer to the shoulder before we hit the car in front of us. After putting the car in park I forced my door open and went around to get my wife out. She was bleeding from a cut over her left eye, and the door was stuck shut. I pried the door open and got her out. We are both fine other than some minor cuts and bruises. We spent the next 4 hours in the ER waiting for the doctor to stitch my wife's eyebrow. Her aunt and uncle drove out and picked us up and took us home. The car is probably totaled. The trunk is pushed in to the back seat. I spoke with an insurance adjuster today and she is going to look at the car tomorrow. Since I have not dealt with an insurance company before I thought I would come on here and get some advise from some of you guys that have had this happen before. I have spoken with my chain of command and taken a few days off as has my wife since we both are very sore. So pretty much is there anything I should be doing to keep from getting screwed over by the insurance company? We have another car but I need it to get to work during the week over in IL so my wife would be without. Is it unreasonable to think that the other drivers insurance company owes us a rental? Also should we be contacting a lawyer? Any other suggestions would be great. Rob |
| Remember that you and your wife are victims here. Get documented medical treatment, get your (military ?) time off documented, and hire a experienced personal injury attorney. Your insurance company and the other driver's insurance company have their best interests in mind; not yours. A good attorney will help dealing with insurance companies. |
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I had a guy pull out in front of me a few years ago (ran a stop sign). I nailed his insurance company for a 30day car rental while my car was in body shop.
Whatever the insurance company offers you for your car, turn it down and try to get more, especially when the other driver is obviously at fault they will be happy if your not suing them for emotional bullshit. |
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My sister was involved in an accident last year where the person that hit hers insurance paid for a rental for like 3 months or so... Then she got screwed, she had a older GMC Conversion van that was fairly old, but it was paid for and in perfect mechanical shape... Because of its age, its Blue Book or resale was only like 700 or 900 or something... There is no way they can get anyhting thats mechanically sound lile the other was that will haul everyone around like that thing did... It wouldn't even cover sales tax and plates on something comparable... |
| Documentation on everything including items inside the vehicle. Every medical bill, meds, time off, clothing that was ruined from blood, etc. I would also write a statement of what happened with times, dates, etc. Do not sign ANYTHING from the insurance until you are completely satisfied!! |
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First some background. So Friday night about 7pm my wife and I were in her car west bound on I-70 in the slow lane. Traffic slowed to a stop and a few moments later we were hit from behind by another vehicle. The other vehicle hit us straight on and pushed us about 50 yards then swerved left in to the fast lane and hit another vehicle and both of them went in to the median. I came to my senses soon enough to get back on the brake and steer to the shoulder before we hit the car in front of us. After putting the car in park I forced my door open and went around to get my wife out. She was bleeding from a cut over her left eye, and the door was stuck shut. I pried the door open and got her out. We are both fine other than some minor cuts and bruises. We spent the next 4 hours in the ER waiting for the doctor to stitch my wife's eyebrow. Her aunt and uncle drove out and picked us up and took us home. The car is probably totaled. The trunk is pushed in to the back seat. I spoke with an insurance adjuster today and she is going to look at the car tomorrow. Since I have not dealt with an insurance company before I thought I would come on here and get some advise from some of you guys that have had this happen before. I have spoken with my chain of command and taken a few days off as has my wife since we both are very sore. So pretty much is there anything I should be doing to keep from getting screwed over by the insurance company? We have another car but I need it to get to work during the week over in IL so my wife would be without. Is it unreasonable to think that the other drivers insurance company owes us a rental? Also should we be contacting a lawyer? Any other suggestions would be great. Rob Go talk to a lawyer and see what they can do for you, in Missouri the first 30 minutes of the consultation are free. The other driver was clearly at fault and they owe you a rental for sure, you might have to pay for the rental out of pocket now but keep your receipts and push to be reimbursed.. |
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Your insurance company and the other driver's insurance company have their best interests in mind; not yours. This is very true! One would think that your insurance company would be on your side, but there not. You need someone that represents you! After my PRIOR insurance company I might agree  BUT, after going to American Family, my opinion of insurance companies has changed. Your Agent CAN make a difference, Sixer is GREAT to work with!
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The way I hear it, your insurance company can not represent you or have any involvement in a case like this. They are there only if you are in an accident that you created. Thats the way it worked out in my case when I was hit a few years back. But I made sure that I got a rental while mine was in the shop and His insurance didnt try to dick with me and took care of all bills.
But then too, my car was not totaled and I had no medical bills. Glad to hear that you both sound to have come out of this with minor medical problems. I pray that it remains this way. Hope his ins. co. do the right thing for you. If not, then sue to recover. You did not cause this mess. Let he who did, clean it up right. |
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PursuitSS, thanks for the kind words... I'll see about lowering you rates first thing tomorrow! :) Rob, sounds like a bad deal... glad everyone is okay! I honestly don't deal with many claims directly but I'll do my best to help. First things first, did the driver that hit you have auto inurance? Was he ticked for the accident? Do you have the police report number and all info from the at-fault driver? Assuming this guy did have an active auto policy the his insurance company SHOULD take care of you... and you probably don't need a lawyer for anything just yet. You should be reimbursed for any hospital bills, time off work, damage to the vehicle, etc. As mentioned before, whatever his insurance company offers you, ask for more. There should be a little room to negotiate. It's hard to say if the offer will be "fair" but if you feel like it's unreasonable then you still have the option to contact your insurance company, or a lawyer for representation. |
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If you think there are any injures that could linger or need additional medical treatment, you should be compensated for those as well. The at-fault driver's insurance should also provide you with a rental car for at least a couple weeks. Know the Kelly BB value of your car, that's usually what the adjusters will go by. Your insurance policy shouldn't come into play at all, but there's no reason not to contact your agent just to let him/ her know what's going on. That about sums it up. I don't know what company you'll be working with, but hopefully they won't give you the run around. It's true that not all insurance companies have your best interest in mind... but some do :) If you have any other questions or run into any issues, feel free to shoot me a PM with your number and I'll give you a call. Like I said, not really my area of expertise but if have a question that I can't answer, I'll find someone who can. Hope that helps! |
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Get checked out by a medical or chiropractic clinic...dont sign onto anything right up front for treatment, but DO get checked out. There have been cases of upper cervical fractures from moderate force collisions, and if you did not have it investigated by the ER, it should be looked into.
Unfortunately, for clinics like mine, it is illegal in MO to pursue patients who were known accident victims. If you have questions about a clinic you are looking into, ask around about the clinic. |
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Keep in mind that if you retain an attorney, esp the ones that advertise on TV or on billboards, they often work on a contingent fee basis. They don't get paid unless you do, then they get something like 40%. That's fine, in principal, but if all they get you is what you would have gotten on your own, they STILL get 40%.
My wife got rear-ended about 20 yrs ago. She was a nanny at the time, and we lived with two attorneys. They gave us some free advice. Keep tabs of every last thing you spend money on (as mentioned above), including any physical therapy. This means you may not actually finalize the claim for 3-6 months. At that time, the insurance company will probably pay you 2x your total out-of-pocket expenses. Once to reimburse you, and once for 'pain and suffering'. This is why you want to make sure you include every last item, down to the advil you took at home and extra pillows you bought to be able to sleep comfortably. I did all this and was afraid they would balk at my figure. They LEAPT at my offer. If the guy could have shoved a check through the phone line, he would have. They do NOT want to get into a lawsuit. Even if they win financially, the resources they have to put into defending it still makes them lose overall. Unless you feel they are really screwing you, do it yourself and keep all the proceeds. Just make sure you are truly healed from any neck or soft tissue damage before you sign the final release. Then take the money and move on with your life. |
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Sorry you got hit and I truly hope you are ok.
I find it interesting that most of the responses are to get an attorney..... Are you NUTS????? How many attorneies are in Washington??? Where are they getting us??? Most insurance companies are NOT out to screw you. - 1. Document your injuries. Get needed treatment, etc. If you need a doctor, chiropractor, etc. Go to them. First and foremost, get healed. 2. Document your car value. Go on the internet and look at your local paper. Compare mileage, features, etc. You should get somewhere in that RANGE. You won't get top $$ unless you can prove it is worth top dollar. Almost all of the companies use a local value calculator. You know as well as I do that the retailers will come off the window price. So consider what you would actually be able to buy the car for. 3. Don't be a smart aleck or lose your temper with the claim rep. Normally he or she only wants to get you paid and close their file. - For them, the best file is a closed file. That said, if you take a hard line, you most likely waste your time and end up with less than you would have gotten. (There are one or two companies out there that can be a total pain in the @$# to deal with.) I won't name the largest one in the country who sells more car insurance than anybody else. Those wonderful attorney's you guys want to go to are for the most part 10 times worse than insurance companies. Yeah, 30 - 40% off the top. You can consider 3 to 5 times medical for a normal injury. (Some attorney is going to get on here and argue with me. Well they can take a leap.) If you are really hurt, ie surgury, etc. Then you might want an attorney. At least give the company a chance to do right. Example - Say you are offered $10,000 and you get a wonderful attorney who says he will get you $18,000.... Funny how he will settle for $13,500 and tell you what a great offer that is.... $13,500 x 70% = $9,450. Oh, and don't forget to pay you medical out of that. You'll end up with $5,000. If you are wondering... Yes, I have been a claim rep. Your local agent should be able to walk you through the process. If they can't FIRE THEM and find a real Independant Agent! One who represents multiple companeis and your interests better. Insurance is not the lottery.... nor should you get screwed. |