Help me decide how to handle this accident ... Please!
December 17, 2010 1:36 PM Subscribe
Car Accident Filter: I was rear-ended this week and while I know you are not my insurance agent, doctor or my lawyer, I would greatly appreciated help on what to do next. (More inside)
This past Tuesday my 5 year old daughter and I were re-ended on our way to her school. The woman who hit us slid on ice and smacked us from behind doing between 20-25mpg while we were at a standstill at the intersection waiting for the light.
Luckily, her car (Civic) must have dipped it's nose when she braked and she slid partially underneath my CRV's bumper and it appears my hitch took the brunt of the damage because her hood and front end were pushed back while our CRV had bumper and rear-door damage but nothing else exceptionally obvious. It does appear the hitch is sitting a slightly off angle now, though and I'm concerned about the transmission and brakes as I had my brakes full on and was in gear when she hit as she managed to push us several feet forward. .
My daughter checked out fine at her peds. My doctor said I had a bruised kidney (apparently from the bucket seat edge) and would be sore but the upper thoracic xray didn't reveal anything obvious. He said give it a week or two as sometimes torque effects take time.
I've never been in an accident like this and am not sure what to look out for in our car, my body or the manner in which the woman's insurance deals with us. Can anyone provide information or suggestions to help? Direct experience or anecdotal is welcome.
I'm skittish about the repairs because our 2 yr-old CRV was totally cherry in every way. I maintained it quite carefully both mechanically and cosmetically as it was our family's first new car in quite a while. I'd really like it to be back to spec when I get it back. What I do I say to the body shop and what do I look out for?
What do I need to ask my doctor to look for? I feel generally ok (aside from extreme tenderness in my back) with the exception of light headedness from time to time. My Dr. seemed to think it was because I also had a nasty cold.
My wife wants me to get an attorney but my inexperienced opinion is that if the insurance co does what they are supposed to, shouldn't everything turn out ok?
Help!
This past Tuesday my 5 year old daughter and I were re-ended on our way to her school. The woman who hit us slid on ice and smacked us from behind doing between 20-25mpg while we were at a standstill at the intersection waiting for the light.
Luckily, her car (Civic) must have dipped it's nose when she braked and she slid partially underneath my CRV's bumper and it appears my hitch took the brunt of the damage because her hood and front end were pushed back while our CRV had bumper and rear-door damage but nothing else exceptionally obvious. It does appear the hitch is sitting a slightly off angle now, though and I'm concerned about the transmission and brakes as I had my brakes full on and was in gear when she hit as she managed to push us several feet forward. .
My daughter checked out fine at her peds. My doctor said I had a bruised kidney (apparently from the bucket seat edge) and would be sore but the upper thoracic xray didn't reveal anything obvious. He said give it a week or two as sometimes torque effects take time.
I've never been in an accident like this and am not sure what to look out for in our car, my body or the manner in which the woman's insurance deals with us. Can anyone provide information or suggestions to help? Direct experience or anecdotal is welcome.
I'm skittish about the repairs because our 2 yr-old CRV was totally cherry in every way. I maintained it quite carefully both mechanically and cosmetically as it was our family's first new car in quite a while. I'd really like it to be back to spec when I get it back. What I do I say to the body shop and what do I look out for?
What do I need to ask my doctor to look for? I feel generally ok (aside from extreme tenderness in my back) with the exception of light headedness from time to time. My Dr. seemed to think it was because I also had a nasty cold.
My wife wants me to get an attorney but my inexperienced opinion is that if the insurance co does what they are supposed to, shouldn't everything turn out ok?
Help!
Generally I would suggest not consulting an attorney just yet. Let the situation unfold a bit and see how it feels to you -- I do agree that if the insurance company is ethical and the other driver doesn't put up a fuss along the lines of "it wasn't my fault," you may find that the situation unfolds in an easy and fair manner.
On the physical side: yes, wait a few days and see how you feel. You're likely to feel a bit worse before you feel better, even if there isn't anything particularly wrong with you. You got banged up and you may see some mysterious bruising in places you didn't even realize were hurt.
On the car side: The other insurance company should have provided you with a rental. They should arrange, fairly quickly, to either inspect your car at your home, ask you to drive it to them, or tow it if it isn't drivable. See what they say regarding repairs. Make sure that any repair paperwork specifies new, factory parts. If they're suggesting non-factory parts have them explain why. (With a newer car like yours all parts should be available from the factory.)
posted by BlahLaLa at 2:06 PM on December 17, 2010 [1 favorite]
On the physical side: yes, wait a few days and see how you feel. You're likely to feel a bit worse before you feel better, even if there isn't anything particularly wrong with you. You got banged up and you may see some mysterious bruising in places you didn't even realize were hurt.
On the car side: The other insurance company should have provided you with a rental. They should arrange, fairly quickly, to either inspect your car at your home, ask you to drive it to them, or tow it if it isn't drivable. See what they say regarding repairs. Make sure that any repair paperwork specifies new, factory parts. If they're suggesting non-factory parts have them explain why. (With a newer car like yours all parts should be available from the factory.)
posted by BlahLaLa at 2:06 PM on December 17, 2010 [1 favorite]
I was rear ended early last year, and I saw my GP within a few days of the accident.
She ran through a comprehensive set of tests for whiplash... all clear, which was a huge relief to me.
It took maybe 20 or 30 minutes?
It is well worth doing so
a) you don't inadvertently make your injuries worse;
b) you get the treatment you need;
c) you are covered, legally/financially, if you do have whiplash (hopefully you don't);
d) you have peace of mind.
posted by with the singing green stars as our guide at 2:11 PM on December 17, 2010
She ran through a comprehensive set of tests for whiplash... all clear, which was a huge relief to me.
It took maybe 20 or 30 minutes?
It is well worth doing so
a) you don't inadvertently make your injuries worse;
b) you get the treatment you need;
c) you are covered, legally/financially, if you do have whiplash (hopefully you don't);
d) you have peace of mind.
posted by with the singing green stars as our guide at 2:11 PM on December 17, 2010
Well, first off, everyone is alive, ok and appears to be fine. Cars can be fixed and yours likely is ok, if it isn't that is just a paperwork hassle-not that it can't be a pain in the ass, but it is far preferable problem to funeral arrangements.
In all your dealings with this please remember that the person who slid into you is also a human being going through the same thing you are with the added guilt of causing the accident. She is being told not to contact you or show any concern due to liability issues. If you are injured long term you need to see to that, but just remember the important part-you all walked away.
posted by bartonlong at 2:17 PM on December 17, 2010
In all your dealings with this please remember that the person who slid into you is also a human being going through the same thing you are with the added guilt of causing the accident. She is being told not to contact you or show any concern due to liability issues. If you are injured long term you need to see to that, but just remember the important part-you all walked away.
posted by bartonlong at 2:17 PM on December 17, 2010
I've never been in an accident like this and am not sure what to look out for in our car, my body or the manner in which the woman's insurance deals with us. Can anyone provide information or suggestions to help? Direct experience or anecdotal is welcome.
Here's my advice, based on being hit by a driver who ran a red light and being pretty badly injured.
It is possible that everything will go smoothly. BUT - at the first sign that the other driver's insurance company is dragging its feet, or wants to dispute fault (not at all uncommon in the current economy, where every insurance payout counts against profits) hire an attorney. I learned the hard way that if the other party's insurance isn't going to deal fairly, there simply isn't any way for you to go it alone.
Sorry if that's depressing. It was a depressing lesson for me to learn.
posted by anastasiav at 2:22 PM on December 17, 2010
Here's my advice, based on being hit by a driver who ran a red light and being pretty badly injured.
It is possible that everything will go smoothly. BUT - at the first sign that the other driver's insurance company is dragging its feet, or wants to dispute fault (not at all uncommon in the current economy, where every insurance payout counts against profits) hire an attorney. I learned the hard way that if the other party's insurance isn't going to deal fairly, there simply isn't any way for you to go it alone.
Sorry if that's depressing. It was a depressing lesson for me to learn.
posted by anastasiav at 2:22 PM on December 17, 2010
Getting an attorney is helpful if things aren't going well with the insurance companies.
If your case involved medical stuff, I would 100% recommend an attorney. Since your case seems straightforward enough, you can probably make do without one in this situation.
You want the car fully repaired. You want a comparable rental to use while your car is being fixed. You want all of this to happen fairly swiftly.
If these things don't happen, or don't happen quickly enough (ex: there could be damage to the frame, you can't be driving around like that!) then seek an attorney* asap.
* I was hit while stopped at a light. I had been in other accidents before, but I was a bit injured this time, etc. etc. A friend pushed me to get an attorney for my situation and it was the best advice I've ever gotten. The insurance companies involved would have really screwed me otherwise. If things start going south for you with the accident claims process, don't hesitate to engage legal representation.
posted by jbenben at 2:32 PM on December 17, 2010
If your case involved medical stuff, I would 100% recommend an attorney. Since your case seems straightforward enough, you can probably make do without one in this situation.
You want the car fully repaired. You want a comparable rental to use while your car is being fixed. You want all of this to happen fairly swiftly.
If these things don't happen, or don't happen quickly enough (ex: there could be damage to the frame, you can't be driving around like that!) then seek an attorney* asap.
* I was hit while stopped at a light. I had been in other accidents before, but I was a bit injured this time, etc. etc. A friend pushed me to get an attorney for my situation and it was the best advice I've ever gotten. The insurance companies involved would have really screwed me otherwise. If things start going south for you with the accident claims process, don't hesitate to engage legal representation.
posted by jbenben at 2:32 PM on December 17, 2010
Response by poster: This is a great start on advice. Let me add a few things to some of these comments:
The woman who hit us was older and very flustered. We hold no ill will towards her as it was obviously an unavoidable accident due to a sheet of unexpected ice. (The city drains didn't work right and that lane had 30 feet of ice. Rest of the road was clear as a bell. No rain for weeks, just freezing cold.) She acknowledged full fault and so far no one on her end has said anything off.
So far the I.C. has been decent. We have our rental and will try to put our car in today to the shop. We're still deciding what shop. They're pushing us to use one of their shops but my friend who works at a dealer suggest another. Not sure what to do there.
My concern with an attorney is that the IC said they wouldn't pay anything till we settled but if I need continued treatment for anything that pops up I'm afraid the time it takes them to pay and the time of having to pay the 30 net on my medical bills will cross. We haven't turned this into our personal medical insurance and they wouldn't pay it anyway as it's a vehicle accident with another responsible party. I was told getting an attorney would keep things from hitting you credit-wise till the insurance pays, but again, I have no idea if that's true.
posted by damiano99 at 2:38 PM on December 17, 2010
The woman who hit us was older and very flustered. We hold no ill will towards her as it was obviously an unavoidable accident due to a sheet of unexpected ice. (The city drains didn't work right and that lane had 30 feet of ice. Rest of the road was clear as a bell. No rain for weeks, just freezing cold.) She acknowledged full fault and so far no one on her end has said anything off.
So far the I.C. has been decent. We have our rental and will try to put our car in today to the shop. We're still deciding what shop. They're pushing us to use one of their shops but my friend who works at a dealer suggest another. Not sure what to do there.
My concern with an attorney is that the IC said they wouldn't pay anything till we settled but if I need continued treatment for anything that pops up I'm afraid the time it takes them to pay and the time of having to pay the 30 net on my medical bills will cross. We haven't turned this into our personal medical insurance and they wouldn't pay it anyway as it's a vehicle accident with another responsible party. I was told getting an attorney would keep things from hitting you credit-wise till the insurance pays, but again, I have no idea if that's true.
posted by damiano99 at 2:38 PM on December 17, 2010
in which the woman's insurance deals with us. Can anyone provide information or suggestions to help? Direct experience or anecdotal is welcome.
I drive quite a bit and have been hit. A lot! Deal with your own insurance. Let the insurance companies fight it out in subrogation. At this point, I've learned to not even talk to the other insurance company. They call, they leave messages and send annoying post cards... I return their calls way after hours, leave a message instructing them that all information can be obtained by speaking to my insurance adjuster and give them their number. I refuse to deal with the hassle. They always want to record you and try to make it your fault or make the repair cheaper for them. No damned way.
As far as your car, speak to your own insurance's adjuster. Be adamant that this car was pristine, hadn't been in an accident and as part of your claim, this car needs to be made whole again. Speak to the body shop. Insist on factory parts, not aftermarket. While this may be your insurance and they should have your best interests as their focus, you always always always have to be your strongest advocate for yourself.
Keep records of everyone you talk to and every doctor visit. Be thorough.
As far as your health, go to the doctor anytime you need to. You're going to feel sore for a bit, but keep an eye on how you are doing. Keep a journal on how you feel each day so you can recall.
A state cop said to me once, seeing how damned shaken up I was after getting my 2 month old car rear ended and jostled pretty bad (because of the seatbelt, like you)... "I know you are scared and upset and shaken, and you're going to be mad because you have to deal with all this, but you're one of the lucky ones truly. I've seen so much worse. Count your blessings."
posted by jerseygirl at 2:42 PM on December 17, 2010 [4 favorites]
I drive quite a bit and have been hit. A lot! Deal with your own insurance. Let the insurance companies fight it out in subrogation. At this point, I've learned to not even talk to the other insurance company. They call, they leave messages and send annoying post cards... I return their calls way after hours, leave a message instructing them that all information can be obtained by speaking to my insurance adjuster and give them their number. I refuse to deal with the hassle. They always want to record you and try to make it your fault or make the repair cheaper for them. No damned way.
As far as your car, speak to your own insurance's adjuster. Be adamant that this car was pristine, hadn't been in an accident and as part of your claim, this car needs to be made whole again. Speak to the body shop. Insist on factory parts, not aftermarket. While this may be your insurance and they should have your best interests as their focus, you always always always have to be your strongest advocate for yourself.
Keep records of everyone you talk to and every doctor visit. Be thorough.
As far as your health, go to the doctor anytime you need to. You're going to feel sore for a bit, but keep an eye on how you are doing. Keep a journal on how you feel each day so you can recall.
A state cop said to me once, seeing how damned shaken up I was after getting my 2 month old car rear ended and jostled pretty bad (because of the seatbelt, like you)... "I know you are scared and upset and shaken, and you're going to be mad because you have to deal with all this, but you're one of the lucky ones truly. I've seen so much worse. Count your blessings."
posted by jerseygirl at 2:42 PM on December 17, 2010 [4 favorites]
You should be billing your medical directly to her insurance company, also. No co-pays. Tell the doctor's office and your own insurance that this is due to an MVA. The doctor's office will want the claim #, the rep you are dealing with and the insurance company's name. Out of pocket, initially, you'll have to pay for meds. Save your receipts.
If you got a lawyer, they aren't going to make money magically appear for you during this ordeal. Likely, you'll continue treatment as needed and until completion, and you'll still continue to incur and submit out of pocket expenses for reimbursement. The lawyer will get everything paid for for you once you complete treatment and possibly a settlement if there is potential there. If it's soft tissue injuries, don't expect much. Find out if your state is a "no fault" state as well.
posted by jerseygirl at 2:47 PM on December 17, 2010
If you got a lawyer, they aren't going to make money magically appear for you during this ordeal. Likely, you'll continue treatment as needed and until completion, and you'll still continue to incur and submit out of pocket expenses for reimbursement. The lawyer will get everything paid for for you once you complete treatment and possibly a settlement if there is potential there. If it's soft tissue injuries, don't expect much. Find out if your state is a "no fault" state as well.
posted by jerseygirl at 2:47 PM on December 17, 2010
You don't have to hold any ill will towards her, but 99% of the time (anecdata), rear-ends are their fault. What else could you have done to avoid the accident? Nothing. However, since your car is relatively new, there may be a not-insignificant chance that it'll be totaled if they really hit you at 20-25mph. Just sit and wait and answer any questions the ins co has for you, if any. You don't lose any rights by waiting this stage out, and it's in the insco's interest to clear cases sooner rather than later.
The drains aren't your concern.
posted by rhizome at 2:47 PM on December 17, 2010
The drains aren't your concern.
posted by rhizome at 2:47 PM on December 17, 2010
We're still deciding what shop. They're pushing us to use one of their shops but my friend who works at a dealer suggest another. Not sure what to do there.
Generally, I try not to use a shop the other IC is pushing. My experience is that they usually have volume contracts with those shops and that raises a big "may not do a thorough job" flag with me. That may not be valid, but that's how it strikes me.
If you trust your friend's advice, take your car to the place they suggest.
posted by Thorzdad at 2:56 PM on December 17, 2010
Generally, I try not to use a shop the other IC is pushing. My experience is that they usually have volume contracts with those shops and that raises a big "may not do a thorough job" flag with me. That may not be valid, but that's how it strikes me.
If you trust your friend's advice, take your car to the place they suggest.
posted by Thorzdad at 2:56 PM on December 17, 2010
We hold no ill will towards her as it was obviously an unavoidable accident due to a sheet of unexpected ice.
Its nice that you hold no ill will towards her, but once its in the hands of the IC she really has zero say in how it goes from there. The guy that hit me begged his IC to settle but they refused until a few days before trial. We ended up having to sue (which meant filing suit against him personally) which scared him to death and which I felt bad about, but the driver has ZERO say about what the IC does once the case is in their hands.
My concern with an attorney is that the IC said they wouldn't pay anything till we settled but if I need continued treatment for anything that pops up I'm afraid the time it takes them to pay and the time of having to pay the 30 net on my medical bills will cross. We haven't turned this into our personal medical insurance and they wouldn't pay it anyway as it's a vehicle accident with another responsible party.
1) Your medical insurance should pay for your treatment as it always does. What then happens is they work to get reimbursement from the other driver's insurance company. You want your medical insurance involved. The will pay the claim, but you then have their attorneys pushing the other driver's IC to settle this thing, which is helpful.
I will be very surprised if it takes less than a few months for the personal injury claim to settle. Unless your doctor gives you a totally clean bill of health right now, the IC will wait until all medical treatment is completed to even discuss payment of medical bills.
I was told getting an attorney would keep things from hitting you credit-wise till the insurance pays, but again, I have no idea if that's true.
2) Your attorney can send a letter (I can't recall what its called, but its basically a promise to pay) to your medical providers telling them your case is in litigation and asking them would they please wait to settle the bill until litigation is completed. The medical providers are under no obligation to accept. In my case it was about 50/50, and I had some bills go to collection, where they stayed until my personal injury settlement settled two years later.
3) You have the right to use whatever shop you want to do the repairs. Don't let the IC push you into using a specific shop.
4) Typically, the property damage claim will settle pretty quickly (within a few weeks at most) but the personal injury/medical claim will take much longer to settle. You need to steel yourself that it may take months for the second part of the claim to settle. AND, don't forget that you're also entitled to reimbursement for your child's car/booster seat, as well as for any time missed from work, travel to and from medical appointments, etc.
I urge you to ask around for referrals and at least talk to a good personal injury attorney. (Not one of the ones you see on TV.) Taking with them will cost you nothing and will be a good way for you to learn about your rights.
As jerseygirl said, you're under no obligation to talk to the other party's IC. That's part of the reason you pay your IC, to act as your representative in these sorts of things.
I'm sorry you're going through this. Trust me that I know how stressful this can be. But the nature of the process is that it takes a long time for the IC to pay out. Please do start to get your own medical insurance company involved, if only to take some of the pressure of pending medical bills off you.
posted by anastasiav at 3:21 PM on December 17, 2010
Its nice that you hold no ill will towards her, but once its in the hands of the IC she really has zero say in how it goes from there. The guy that hit me begged his IC to settle but they refused until a few days before trial. We ended up having to sue (which meant filing suit against him personally) which scared him to death and which I felt bad about, but the driver has ZERO say about what the IC does once the case is in their hands.
My concern with an attorney is that the IC said they wouldn't pay anything till we settled but if I need continued treatment for anything that pops up I'm afraid the time it takes them to pay and the time of having to pay the 30 net on my medical bills will cross. We haven't turned this into our personal medical insurance and they wouldn't pay it anyway as it's a vehicle accident with another responsible party.
1) Your medical insurance should pay for your treatment as it always does. What then happens is they work to get reimbursement from the other driver's insurance company. You want your medical insurance involved. The will pay the claim, but you then have their attorneys pushing the other driver's IC to settle this thing, which is helpful.
I will be very surprised if it takes less than a few months for the personal injury claim to settle. Unless your doctor gives you a totally clean bill of health right now, the IC will wait until all medical treatment is completed to even discuss payment of medical bills.
I was told getting an attorney would keep things from hitting you credit-wise till the insurance pays, but again, I have no idea if that's true.
2) Your attorney can send a letter (I can't recall what its called, but its basically a promise to pay) to your medical providers telling them your case is in litigation and asking them would they please wait to settle the bill until litigation is completed. The medical providers are under no obligation to accept. In my case it was about 50/50, and I had some bills go to collection, where they stayed until my personal injury settlement settled two years later.
3) You have the right to use whatever shop you want to do the repairs. Don't let the IC push you into using a specific shop.
4) Typically, the property damage claim will settle pretty quickly (within a few weeks at most) but the personal injury/medical claim will take much longer to settle. You need to steel yourself that it may take months for the second part of the claim to settle. AND, don't forget that you're also entitled to reimbursement for your child's car/booster seat, as well as for any time missed from work, travel to and from medical appointments, etc.
I urge you to ask around for referrals and at least talk to a good personal injury attorney. (Not one of the ones you see on TV.) Taking with them will cost you nothing and will be a good way for you to learn about your rights.
As jerseygirl said, you're under no obligation to talk to the other party's IC. That's part of the reason you pay your IC, to act as your representative in these sorts of things.
I'm sorry you're going through this. Trust me that I know how stressful this can be. But the nature of the process is that it takes a long time for the IC to pay out. Please do start to get your own medical insurance company involved, if only to take some of the pressure of pending medical bills off you.
posted by anastasiav at 3:21 PM on December 17, 2010
I suggest talking to an attorney. I am an attorney, but not in this area of law.
A good attorney will know how the insurance company values claims, and which things to stress that will result in its actuarial software used by insurance adjusters (Colossus) generating larger valuations of your claims. Your attorney may often know the insurance company policies, procedures and adjusters, as well as the prevailing local legal attitudes toward cases like yours. He or she will probably know what jury verdicts have been like for your kind of case and injuries.
The very best personal injury lawyers can also refer you to medical professionals and can also help you negotiate your medical bills downward to accomodate his own fee while minimizing the effect on the money you receive.
Your insurance company not only knows its own rights, it pays armies of people to know them and gain any advantage it can. If you can do the same, you should.
I wish you a speedy recovery (both bodily and financially)!
posted by Hylas at 3:58 PM on December 17, 2010
A good attorney will know how the insurance company values claims, and which things to stress that will result in its actuarial software used by insurance adjusters (Colossus) generating larger valuations of your claims. Your attorney may often know the insurance company policies, procedures and adjusters, as well as the prevailing local legal attitudes toward cases like yours. He or she will probably know what jury verdicts have been like for your kind of case and injuries.
The very best personal injury lawyers can also refer you to medical professionals and can also help you negotiate your medical bills downward to accomodate his own fee while minimizing the effect on the money you receive.
Your insurance company not only knows its own rights, it pays armies of people to know them and gain any advantage it can. If you can do the same, you should.
I wish you a speedy recovery (both bodily and financially)!
posted by Hylas at 3:58 PM on December 17, 2010
Luckily, this sounds extremely straightforward, even with the minor medical stuff you've had. I've worked in auto insurance - for GEICO and Allstate, in Virginia and Florida, in claims. I do not work in insurance any longer and my advice here is based on my knowledge of insurance, the claims process, and what I have done myself.
When one party rear ends another, the second driver is always at fault (except in extreme circumstances, like if the first driver has deliberately caused the accident). Claims like those are typically relatively easy and straightforward, even with medical involved. The adjusters at the other driver's insurance company will have a formula to follow that moves the claim along to closure. Adjusters are small cogs in a big corporate wheel who just want to get things done - the adjusters have no interest in fighting a claim that is that cut and dried, especially if the other driver is insured through a big national company. That said, your adjuster (or adjusters if you have two - one for the claim in general and one for the damage to your vehicle) probably has a pretty big case load, so you might need to call from time to time to check on things if you're not sure things are moving fast enough - it's like anything else that way.
I wouldn't get an attorney at this point - my experience with claims is that an attorney becomes necessary when the other person fights the claim and/or the insurance company denies the claim. When they're involved with a claim that is already moving forward toward closure and things are happening as expected, throwing an attorney into the mix slows things down. With most insurance companies, once you hire an attorney, every single thing has to go through them, and the adjuster will no longer be allowed to speak to you directly, even to answer the simplest question.
The insurance company is obligated to restore both your vehicle and your physical body to the condition that they were in before the accident.
The insurance company wants you to use their body shop because they already have damage adjusters on site and the process is streamlined - it's faster for everyone involved, and less expensive for the insurance company. Don't feel obligated to use them - they will send a damage adjuster anywhere you choose, and they will cut a check for the estimated amount directly to the body shop. If the body shop thinks that the amount needs to be higher, they will call the insurance company, who will send the damage adjuster back out to review the estimate and cut another check. Having an attorney involved will not speed up this process, but it generally goes pretty quickly.
What I do I say to the body shop and what do I look out for?
The body shop already knows what to do and will presumably do their best to restore your vehicle to its former condition - this is the function of insurance. When you get your car back, you give it a thorough once-over and pay close attention when you drive it, looking for any shimmying or pulling or other odd behavior. If you notice any, take it back to the body shop and tell them what you've noticed.
What do I need to ask my doctor to look for?
Your doctor already knows what to look for; presumably they've seen countless patients who have been involved in car accidents.
For the medical issues, you shouldn't be paying for anything. Give your claim number to the doctor's office or hospital, and they should bill the insurance company directly. This assumes that the other party has adequate bodily injury coverage.
For all that I've said here, you can also go through your own insurance company and/or hire an attorney and there are plenty of people who do, but be prepared to pay any collision deductibles that you have on your policy out of your own pocket, and again, be prepared to have to put every little thing through the middle man. This accident is really too straightforward to do either of these things, in my opinion, and if you're proactive, things will very likely go just fine. Why complicate an already frustrating situation?
Good luck to you. I'm really glad that you and your daughter are both okay (and the other driver as well), and I'm sorry that you have to deal with this frustration.
posted by mewithoutyou at 7:30 PM on December 17, 2010
When one party rear ends another, the second driver is always at fault (except in extreme circumstances, like if the first driver has deliberately caused the accident). Claims like those are typically relatively easy and straightforward, even with medical involved. The adjusters at the other driver's insurance company will have a formula to follow that moves the claim along to closure. Adjusters are small cogs in a big corporate wheel who just want to get things done - the adjusters have no interest in fighting a claim that is that cut and dried, especially if the other driver is insured through a big national company. That said, your adjuster (or adjusters if you have two - one for the claim in general and one for the damage to your vehicle) probably has a pretty big case load, so you might need to call from time to time to check on things if you're not sure things are moving fast enough - it's like anything else that way.
I wouldn't get an attorney at this point - my experience with claims is that an attorney becomes necessary when the other person fights the claim and/or the insurance company denies the claim. When they're involved with a claim that is already moving forward toward closure and things are happening as expected, throwing an attorney into the mix slows things down. With most insurance companies, once you hire an attorney, every single thing has to go through them, and the adjuster will no longer be allowed to speak to you directly, even to answer the simplest question.
The insurance company is obligated to restore both your vehicle and your physical body to the condition that they were in before the accident.
The insurance company wants you to use their body shop because they already have damage adjusters on site and the process is streamlined - it's faster for everyone involved, and less expensive for the insurance company. Don't feel obligated to use them - they will send a damage adjuster anywhere you choose, and they will cut a check for the estimated amount directly to the body shop. If the body shop thinks that the amount needs to be higher, they will call the insurance company, who will send the damage adjuster back out to review the estimate and cut another check. Having an attorney involved will not speed up this process, but it generally goes pretty quickly.
What I do I say to the body shop and what do I look out for?
The body shop already knows what to do and will presumably do their best to restore your vehicle to its former condition - this is the function of insurance. When you get your car back, you give it a thorough once-over and pay close attention when you drive it, looking for any shimmying or pulling or other odd behavior. If you notice any, take it back to the body shop and tell them what you've noticed.
What do I need to ask my doctor to look for?
Your doctor already knows what to look for; presumably they've seen countless patients who have been involved in car accidents.
For the medical issues, you shouldn't be paying for anything. Give your claim number to the doctor's office or hospital, and they should bill the insurance company directly. This assumes that the other party has adequate bodily injury coverage.
For all that I've said here, you can also go through your own insurance company and/or hire an attorney and there are plenty of people who do, but be prepared to pay any collision deductibles that you have on your policy out of your own pocket, and again, be prepared to have to put every little thing through the middle man. This accident is really too straightforward to do either of these things, in my opinion, and if you're proactive, things will very likely go just fine. Why complicate an already frustrating situation?
Good luck to you. I'm really glad that you and your daughter are both okay (and the other driver as well), and I'm sorry that you have to deal with this frustration.
posted by mewithoutyou at 7:30 PM on December 17, 2010
Please go to your dentist (and take your daughter too) and tell him/her you were in a car accident and ask for a panoramic x-ray. It will check your jaw for microfractures. You might not even know it but your jaw may have slammed shut during impact, and my dentist said it could take a year or more for tiny fractures to start causing problems. In my 2009 car accident, I had one molar immediately break, requiring a filling, and another that had a tiny crack that was missed that eventually broke and required a root canal. I had no pain after the accident from either of these breaks. Her insurance should pay for the appointment and x-ray.
posted by IndigoRain at 8:08 PM on December 17, 2010
posted by IndigoRain at 8:08 PM on December 17, 2010
If you're a member, AAA/CAA can put you in contact with a body shop who won't scam you.
posted by brujita at 10:57 PM on December 17, 2010
posted by brujita at 10:57 PM on December 17, 2010
After a pretty solid hit from behind, my neck got sore a few days later and was painful for at least a year. Not terrible, just that I couldn't, for instance, turn my head back when driving and had to rely on mirrors or passengers. At one point I spoke to a lawyer, and this guy's sole concern was whether I had missed any work or not, which I hadn't.
posted by StickyCarpet at 8:22 AM on December 18, 2010
posted by StickyCarpet at 8:22 AM on December 18, 2010
This thread is closed to new comments.
posted by The corpse in the library at 1:51 PM on December 17, 2010