Got t-boned by a commercial vehicle & driver with no license - what now?

July 25, 2017 2:10 PM

Earlier yesterday while I was pulling into work (going probably 5 mph) -- I was t-boned by a Ford 4x4 Pick-Up Truck right on the passenger side back door. No cops came. The guy was some landscaping kid scared saying he didn't have a license but I got his car registration and took photos of him and the truck. 3 hours later I'm in ER doing brain scans and other things. They tell me I suffered a concussion but not sure which one (apparently there more than one?)

I did have to get a lawyer involved since this issue re-aggravate my previous one so I feel like both myself, my psyche and my car got beat up.

Does anyone have any tips in regards to this? Will some therapy be better than others? Is my lawyer going to go after some absurd amount of money in court for person injury? Are they important?

Anyway --- looking for anything here. I feel like THOR himself hit me. Evert part of my body hurts.

posted by bostonhill to Law & Government (11 answers total)

Best answer: You need to contact your insurance and you need to file a police report. It doesn't matter what the other person did or did not do, you need to proceed with this just like you would in a normal accident--be on record, file all your stuff.

Let your insurance handle everything, this is why you have insurance.
posted by phunniemee at 2:21 PM on July 25, 2017 [24 favorites]

I'm in California, but my impression is that this is what your insurance company is for: You sic them on this other person and let them go. If there's additional personal injury beyond that then, yes, lawyer up.

Also, when you say "no cops came", did they not come because you didn't call, or was it too long a delay. Because if I got hit by someone without a license, I'd want the cops there to talk details.

(And I say this as someone who's served on a jury which acquitted a Latino landscaper of probably questionable immigration status on charges of driving without a license.)
posted by straw at 2:22 PM on July 25, 2017

If you have confidence in your attorney, follow their advice. If you do not have confidence in your attorney, get a different one.

Ask your attorney about filing a police report. Certainly report this to your insurance.
posted by AugustWest at 2:22 PM on July 25, 2017 [3 favorites]

Best answer: Have an attorney deal with it. Don't go it alone with your insurance company. This is way too complicated.
posted by littlewater at 2:32 PM on July 25, 2017 [5 favorites]

Response by poster: Honestly -- I forgot to call the cops because I was in state of shock. I suffer from PTSD with being hit with hard impacts (war time) so I got out of car barely standing.

I took photos of him, his car registration, and his car. He didn't seem like he wanted to run away or anything but he was definitely in shock when he said 'I don't even have my wallet or license on me or anything'. I feel bad for him because something tells me my lawyer will go *hithouse considering I had previous neck injury.

The worst of all of this is that every coming hour is worse when it comes to pain. It's as if travels through my body with stronger pain each time. Trying to focus on things is a pain in the ass too. It's like I am drunk and havent slept in weeks.

Thanks all.
posted by bostonhill at 2:34 PM on July 25, 2017

Best answer: It sounds like you have a concussion and other serious medical issues. I would add to my advice to listen to your lawyer above, listen to your doctor. Your health comes first. Good luck.
posted by AugustWest at 2:44 PM on July 25, 2017 [2 favorites]

Do you have a good friend or relative who can help you deal with this? You are most likely still not thinking too straight, so having someone you trust to direct the lawyer will help.
posted by the agents of KAOS at 2:45 PM on July 25, 2017 [5 favorites]

Best answer: This is what the uninsured/underinsured driver part of your insurance coverage is for: your insurance company will cover your loss in the event that the at-fault party is unable to do so (because no or insufficient insurance). I was struck by a drunk, uninsured cabbie (off-duty). Totaled my car. I reported it to my insurance company, and they took care of all of it.
posted by Lunaloon at 2:46 PM on July 25, 2017

Response by poster: At this point, both my insurance company and my personal injury are involved. Hopefully minimal more effort from me. I want to sleep for next few weeks.

thank you all.
posted by bostonhill at 2:50 PM on July 25, 2017 [5 favorites]

Best answer: Glad to hear you've got the professionals involved. I hope everything turns out ok. It probably will.

For future reference, though, this is unlikely to be uninsured/underinsured-related. It's a commercial vehicle, and it almost certainly is insured with a commercial auto policy. That is, the landscaping company holds the insurance policy, not the driver. I'd be surprised if they were uninsured.

What will most likely happen is that the landscaping company's insurance will cover your losses.
posted by kevinbelt at 5:25 PM on July 25, 2017 [1 favorite]

This may not be relevant because it's a commercial vehicle that, as others have said, is probably insured by the company, but when my boyfriend's car was totaled by a stolen car whose driver fled the scene, my boyfriend's uninsured motorist coverage only covered medical costs. The car was a total loss and his insurance did not cover it. He did not have collision, only liability, and the uninsured motorist coverage paid nothing. The driver who caused the accident was never found.
posted by Vispa Teresa at 9:27 PM on July 25, 2017