NAZology

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Yesterday afternoon I was going through a 3 lane intersection I was in the middle, FULL Green light for me , 25 year old woman in an 06 blazer was making an unprotected left I was doing about 45 (Speed Limit) and she hit me head on. I've never been in a serious accident, my neck hurts. Girlfriend of mine was a passanger. We we're ok and didnt need medical assitance but her collar bone was hurting. We went out last night for a drink and she felt a snap and her collar bone is now broken. ER Visit, she's gonna need to see a specialist etc...

This woman was completely at fault and I have the police report all documents etc. The girlfriend of mine literally cannot move and is laying in bed will not be able to work ...

I dont know what to do. Does she sue this woman for damages? Not being able to work and support herself?.... I just dont know what to do any advice would be appreciated. I hope everyone elses weekend is going great, and enjoy it. Be Safe.

NAZology

DFW01E55

Glad you're both in relatively good shape.

Talk to your insurance company yet? I wouldn't wait. See what they advise. If the other driver had insurance, they're going to end up paying.

Did the cop suggest going to the ER for a check on your girl? It's always a wise idea to err on the side of caution where severe impact is factor.

Addicted2Speed

Glad you guys are ok, it could've been much worse, trust me. I don't think its necessary to sue for medical damages resulting in an accident. The insurance of the person who was at fault pays for both car damages and medical expenses automatically, that's what its for. The only time you would sue personally if she does not have insurance, insurance refuses to pay, or if the medical bills are above of whatever her coverage is. Send all medical bills to your insurance company and they will collect from her insurance... in the meantime, your insurance should cover all medical costs. BTW, I also think it was wrong not to go to a hospital right away to get everything checked out just in case....

Kev04C320

First of all, sorry to hear about your accident.

The insurance company (either yours or the other driver's, depending on whether she has insurance or not) would be pushing to sign off that you were not injured during the accident. Don't sign that until you're 100% sure that you're ok. I'd say go see your PCP to make sure that your neck is ok (get an x-ray at least, or if your PCP thinks something more sinister is going on, an MRI).

At this point, everything boils down to whether the other party has insurance or not. Once you find out the other party has insurance, you can go ahead and retain an attorney to get stuff done for you. Attorneys love to take this kind of cases coz it's easy money for them.

Good luck and hope you and your g/f will recover soon. Remember, your car can always be replaced, but your health, as well as your loved-ones health, can never be replaced. Be glad that you're driving a Mercedes Benz. (I knew I was when I got rear-ended in March).

Kev04C320

I agree that it is risky not to get checked out at the hospital right away in this type of accident. However, in more minor accidents, it's ok to see your PCP the day after and avoid the 7-8 hours wait at the ER, especially if you're in the ghetto part of town.

NAZology

Thanks for the advice.

I called the insurance gave them all the information.

Im going to the ER tonight to get checked. I feel bad leaving my girlfriend so im going to wait until she is a sleep later tonight and go get myself checked out.

Im not one % even thinking about the car, to me its done and over with and totalled. It took the blow pretty well. Im happy and thank god the car is a quality vehicle it definitely saved us a WORSE situation.

Im going to wait and see what the insurance says about damages, costs, her inability to work etc... if I dont feel like they are going to bat for me properly ( its state farm so I hope they do), I will contact an attorney. The woman who caused the accident uses progressive. Thanks for the help and everyone enjoy your holiday weekend safely.

Kev04C320

Progressive is usually pretty cool about settling damages on the vehicle. From the look of it, it'd probably cost a lot more to fix the car (esp. the airbags) than to total it.

NAZology

Yea I hope its a relatively efficient and hassle free process. I cant imagine them trying to fix it

BlackHammer

"This woman was completely at fault and I have the police report all documents etc. The girlfriend of mine literally cannot move and is laying in bed will not be able to work ..."

Glad to hear everyone is OK at this point. Accidents are a bad deal...

I have had some experience in the insurance claims business.

Advice:

1) Turn this into your insurance, pay your deductable, and get lots of advice from others (PM me and I will give you my # and give you some advice/talk). You may have rental car insurance included in your premiums. When everything is "determined" you will get the deduct (or % of it) back and your insurance rates won't be effected. I say this because lots is going on, the other insurance company will want to do a "recorded interview" and they will "sit" on every word you say when you give them your account of the accident (this is where liablilty is determined, I know, police report says xxx but read on - important!)...
2) Be patient, especially if your girlfriend is hurt.
3) Be methodical. There are injuries, you will get frustrated, and sorry for the bad news, your E probalby has $20K of damage and guess what? When you go to sell it or trade it in you are SOL unless you claim the appropriate value reduction as a result of the accident up-front.

So, here are some thoughts:

Do you know if Illinios insurance laws/governing practices have "comparative neglegence"? This is often confused with "no fault" which really means regardless who is at fault in the accident each persons insurance company is responsible for their own medical bills. Not the concept of "just being there you are responsible/at fault".

If they do have comparative neglegence you are likely going to be held responsible for 10-25% "at fault" for the accident (I hear you on the police report, but it is an insurance company gig, not the police). Next, remember if she is awarded $20K in personal injury then she gets a % based on how much you were "at fault". Also, shop around for injury attorney's (they send a few letters, you do all the running around, and they try to collect 40% + on the damages). It is a rat-race.

Don't shoot the messenger on this. Just trying to tell you how this game works...

Glad to hear everyone is OK.

TK

vader

Just saw this post ! Where did this happen ? There are no palm trees in Chi-town ! Glad you guys are relatively OK....but...sounds like your girl and yourself may miss work. Don't sign anything from Progressive...and if it was me...sadly I would get an attorney. Insurance companies want you to settle right away. If your car is totalled thats one thing...if they want to fix it..thats where it gets sticky. No one will want it with a huge repair llike that. Although this world is sue happy now and its costs us all more because of it..I would say in this case..protect yourself, don't sign a damn thing and get an attorney.

AKxSpyO

Glad you and your girlfriend is okay!
Wish the best to you

NAZology

I live in Arizona now and im contacting an attorney for sure.

vdubpower

the clavicle will heal, she just needs a sling, and will likely end up with a bump. if she is overly conscious about the bump, she could have surgery and trade the bump for a scar,

happy to provide free ortho consult

BMWEATR

Glad your ok! a friend of mine was killed last sunday when a 16 yr old girl did the same thing he was on his Harley though so he lost that one.

hydeaway

For sure get an attorney.... Also you can ask your insurance about lose of work coverage for your girlfriend (dont worry state farm will claim this from her insurance). My cousin was in a similar situation. Good luck and I hope for the best for you.

NAZology

Thanks for all the advice and well wishes. My insurance will be contacting me tommorrow so hopefuly this will start to come together soon. Progressive already called me ( the person who hit me uses them) and they just asked me what happened and said an injury person would be contacting me tommorrow.

My main concern at this point is getting my girlfriend some money because she cant work in her current state. Im on 2 different types of meds for my neck that make me drowsey as hell so im pretty useless too. And on top of it I hope to god they dont try to tell me they are gonna fix this thing.

emax

Sorry to hear about your misfortune, just remember it could have been a lot worse (see my avatar, that my C32). I would call a attorney, be prepared to wait years before they get the thing to court though.

Rudyrono

That's exactly why you don't want to involve an attorney. MNM5ETR said it best in his post. Right now you hold all the cards. There are probably a few members of this forum, myself included, that have a vast knowledge of the insurance claims industry and would be glad to help you through this. It wouldn't be the first time.

I've just checked on the internet and Illinois has addopted the "modified comparative negligence" stance with regard to fault and liability. Simply put, any part with more than 50% negligence in the accident is barred from recovery. So, if the other driver is at fault, you owe them nothing. However, any amount you are awarded will be reduced by your comparative fault. So, if you are awarded $10,000 and have 20% negligence, you'll get $8,000.

As for your passenger, she is presumably negligence free. Accordingly, both you and the other driver are liable for her injuries to the extent of your fault. That means, if you do decided to get an attorney, you should not use the same attorney as that could pose a conflict of interest and in most cases, that is not good for the driver.

Food for thought.

NAZology

Honestly. I dont know what the hell is going on and I dont care. My head is killing me I went to the doctor and I called a lawyer. Its not like if I dont get a lawyer the insurance companies are just gonna pay up. They are gonna avoid paying just like they always do. Either way this is gonna be one huge hassle and on top of it I cant go to work and im frustrated as can be.

I appreciate everyone posting opinions and suggestions but its unrealistic for me to sit around my place all day and wait for suggestions from an internet message board. This is a great place for resources but I just think at this time I need to just do what ive done and see what the hell is gonna happen. Ive lost my patience and I apologize for my frustration

Hazy1

If I'm not mistaken, if you involve an attorney at this point, he will take a percentage of everything that is paid to you from the start. If you wait to see what Progressive is willing to settle for and then get an attorney, he will only receive a % of what he can get you above and beyond that amount.

My father-in-law just went through this when he hit a horse on the highway (yes, a really big horse). My FIL hired an investigator to find the owner of the horse, did all of his own legwork, but retained the attorney prior to the Ins. Co. making their 1st offer. The owner of the horse only had enough liabiliy coverage for the car, medical bills, and the attorney. My MIL was unable to walk for 1 year and still has pain and a limp, but got zero for her suffering. The attorney walked away with over $50k, but the claim would have been settled for the policy limits regardless of whether there was an attorney involved.

bmwlover

Dont wait get a lawyer, they will send you to the right people. f you dont go to the right people at the right time you wont get ****. My ex had to go to physical theropy everyday or else the insurance wouldn't pay

GET A LAWYER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!! A GOOD ONE!!!!!!!!!!!!!!!!!!!! IF HE TAKES A CUT HE WILL GET YOU WAY MORE TAN YOU WOULD ON YOUR OWN!!!!!!!!!!!!!

CJSPECIAL

Sorry to here about all of this, live in AZ as well and been in way too many accidents over the years here from the wonder drivers . Have gone both ways with and without legal help. I know I'm a bit late to help any but from my experience the only time legal help did any good was when the insurance companies would not cooperate. Policy limits are not always the limits either. Many times policy holders will have a base limit with a balloon policy. The balloon policy is engaged when possibility of being sued for damages comes into play. Other times people have multiple policy's with the same insurance company, I.E. home owners, cars, life, etc... and these policy's can carry over into the damage claims of the owners other policy's. Seek legal advise but wait to see if its needed. Legally you are entitled to see all of the insureds policy limits and coverages. Sometimes it ends up causing more stress and problems using an attorney, than if you just talked to the claims adjusters by yourself. Hope you and your girl friend get well soon!

allenjdmb

so I'll chime in too. I'm a personal injury lawyer.
Get counsel. There are reputable ones. You won't find them by flipping through the yellow pages or a TV ad. Get a good referral.
A few things: Progressive is not the best to deal with, nor the worst. No, they're not going to pay any bills along the way until treament is complete. My state is not a comparitive negligence state, so that may be an issue. You've got to get a look at the accident report. I would also have very limited conversation with the potential defendant's insurance company. They will call you, act as if they are concerned, and use this information against you as the case progresses. Tell them at this point, you are just interested in treating your problem. You'll get back to them, later. Also, on an less happy note, don't be too sure that your car is totalled. Insurance companies are not in the business of throwing away $50k cars. Don't be surprised if they want to repair it. Diminshed value may or may not be available in your state, ask. Yes, this will take months to resolve, and unless there are catastrophic injuires, will never see the inside of a courtroom.
BUT--the most immediate thing you need to do is get checked out, NOW. Same with your passenger. These type injuries often do not present immediately, and you don't need to take a chance.
Hope this helps. BTW, this is not legal advice. Just friendly information to a fellow car guy.

I Like Soup

I'm still steeped in my own foul newbieness to the website so I've just been lurking for a while...but...

Dude...that is why this is my first post on the website. I was gonna post a topic to see if everyone was ok. I drove through that intersection (Chandler/Alma School...right?) and saw your car, which is identical to mine. I hope it all works out for you.