Car Wreck

[jee70611]

Hi everyone,<br /><br />I've been away for a while on vacation to Lake Charles, LA to visit some friends of mine. Well, while I was there I was rearended. It didn't really do too much damage to my truck other than just bending the bumper down a little and popping the plastic off. She was in a Suburban and I was in an S-10. It felt like she hit me at like 40 mph. I guess our bumpers just aligned right. I was considering just settling this thing and getting it over with, but I don't want to cut my passenger out of the deal. He was sitting at an angle and I was sitting upright and all the way back in the seat. I think I may be okay but he was hurt. His back has been bothering him ever since and has been going to a chiropractor. He has been out of work for two weeks by doctor's orders. Neither one of us wants to sue anyone or profit from this. We aren't sue-happy A-holes, we just want to be taken care of. What advice can any of you give me as far as what a good offer to settle would be. The adjuster offered me $1500.00, fix my truck, and be done. I don't think that would be sufficient to cover any possible future insurance deductibles, medical expenses, etc. Like I said, I don't want to do anything to cut my friend out of the deal either as he will need his lost wages and medical expenses taken care of as well. This is my first time dealing with this sort of thing and I don't want to screw up. Any advice is appreciated. <br /><br />Thanks,<br /><br />James

 

[mellowyellow]

Re: Car Wreck

while admirable to worry about your friend, <br />he has to pave his own road. if he was truly injured,<br />he doesn't need to piggy back on your insurance<br />claim. you are not responsible for his condition.<br />and who gets the $1500?<br />curious,<br />M.Y.

 

[jee70611]

Re: Car Wreck

MY,<br /><br />I would get the $1500. So are you saying he should make his own claim to them? I'm just not sure where to go with this. Thanks

 

[mellowyellow]

Re: Car Wreck

yes... you are not "liable" for his injuries.<br />he must pursue on his own. if his case has merit,<br />he will be paid accordingly.

 

[jee70611]

Re: Car Wreck

Thanks, I just wasn't sure. That's good to know. I knew that I wasn't liable and that her insurance would have to cover it. I just didn't know if it would be included in my claim. I just checked the mail, and to my surprise I found a check for the property damage written to me. It was for a little over 600.00. If I cash it will there be any problem with the other parts of the claim. I don't see how since it states on the check stub that it is for property damage only. Shoot, I'll probrably not even mess with fixing my truck. It isn't really all that noticeable unless you really look for it. Any thoughts.

 

[roscoe]

Re: Car Wreck

Contact an "lawyer" for advice. Pay for his advice up front. If you settle, your passenger will have to sue both you and the other driver to get a settlement. This will end you friendship, because you will be out of the loop and your insurance company will be in charge.<br /><br />You, your passenger, and your insurance company should act as a team to get this settled. It may take a year or more, but a back injury can have very strange and unexpected complications. <br /><br />Nothing should be accepted or signed until he is cleared by doctor and long term prognosis is made.<br /><br />Last thing to worry about is the truck. If you want it fixed now, then fix it and pay for it, and use that $ amount as your proof as to damages. But your passenger comes first.<br /><br />If they happen to pay you a couple dollars more than you think you deserve, you can donate it to a charity.

 

[NOSLEEP]

Re: Car Wreck

Rosco is correct.<br />your passenger will have to sue you<br />and the other drivers insurance company<br />It is your insurance that insures your<br />passengers.

 

[wvit100]

Re: Car Wreck

Have you taken the truck to a garage to be checked out by a mechanic, besides the one the other persons insurance is using? A friend of mine was rearended in an S-10 and it put the transmission and rear end out of line just a little bit, not enough to notice really. He didn't find out until 2000 miles later when the transmission seals started to leak.

 

[ob]

Re: Car Wreck

Jee, The lady who was at fault's insurance company through her liability policy is responsible for bodily injury.Her insurance agent should have contacted everyone involved and assessed damages.I had the same thing happen to me and the persons insurance company asked if I or my passengers had sustained any injuries and I told him to give me a day or two to make sure I could get out of bed in a couple of days.There were no permenant back injuries in my case and they settled promply.That's why it is required for a motorist to carry liability.Not just for the vehicle but for bodily injury as well.If her insurance company is not willing to come forward and compensate your passenger then they are in breech of policy and should be litigated.This also opens the door for your passenger to file a legitimate law suit ,which in my opinion is not taking advantage of the system but rather seeking justice and compensation.Not a wise move by her insurance company IMHO to ignore the injuries of your passenger.They will surely lose ,particularly if she was ticketed for negligent collision.

 

[Fishbusters]

Re: Car Wreck

Step #1 especially if you have full coverage insurance is to let your company handle it. Personally I like to have my vehicle fixed and medical paid so I carry full coverage and the last time I was rear ended I let my insurance company handle it all and was more than satisfied. Don't sign anything including the back of the check you were issued until you at least talk with them. <br />Step #2 Talk to a lawyer, let your friend talk to a lawyer or perhaps both of you talk to one about who to sue and how especially if you don't follow step #1. If you follow step one ask your insurance company what to do. If you are letting them handle it he can deal with them and they with the person that hit you and their insurance company. <br />#3 If following step #1 you can still not fix the vehicle and get the amount of the estimate but I recommend getting the truck fixed because you never know what may be damaged that you can't see and even if it is proven that something was warped causing breakage as a result of the crash settling w/o fixing it makes it your problem however if you get it fixed it is in the shops hands that they missed it giving you someone to go after for future repair bills. <br />#4 Keep in mind that in order for your friend to be paid some of it might have to come from you. If you back yourself up by letting your insurance handle it and them dealing with your friend and the other party you will perhaps save your friendship. You do need to talk with your buddy and each of you agree that whatever has to happen with this after it is over it is just that over and go on with life. Things like this have ruined friendships and family relations so I would rather err on the side of caution rather than rush to get it over with.

 

[cammydog]

Re: Car Wreck

Jee, all of these guys offer sound advice. Take it!! Let YOUR insurance company handle this case. They know what to do. Don't sign or take any money from the other insurance and don't let the other insurane company try to bully you,I had one try once, it did't work.

 

[Capt Ken]

Re: Car Wreck

Let your insurance company handle everything. That's why they get the big bucks. All yours and your friends medical should be billed to your insurance and they will collect from the other drivers insurance. Repairs to the vehicle and the medical payments are separate issues. Go ahead and have your vehicle repaired but don't sign any release on medical. Keep that file open for as long as needed. After a period of time and no further medical treatment is needed, the insurance adjuster will come to you with a settlement for you to sign a release. I had a simular accident some years back but the other driver had no insurance. Thank goodness we had uninsured motorist coverage that covered my wife and I. I was glad that our insurance covered our medical and it wasn't nothing serious. Just back and neck pain but it lingered for quite awhile and those tests get real expensive. Anyway, our insurance adjuster showed up at my shop about a year and a half later wanting to settle. Excuse me I said, settle what? He said, your claim resulting from your accident. This baffled me because this was my insurance and they had already paid a ton of money out. Anyway, they offered me fifteen thousand and the wife five thousand to sign the release. Needless to say, we took it. BTY, the girl who hit us, the insurance sued her and she now pays $10 a month to the insurance company.