Involved in an accident. Need Advice!!

[HDave]

What is the name of your state? Washington

I was in an accident exactly 2 weeks ago. I was going straight and a car taking a left turn from a small parking lot crashed into my car. It first hit the front right side of my car. After couple of seconds, the driver panicked and hit me again in the rear (the driver hit accelerator instead of brakes). No one was hurt or suffered any physical injuries. The other driver accepted 100% fault both to her insurance company as well as to the cops and also got citation. My car is pretty badly damaged and her insurance company is paying all the expenses. They also agreed to pay me @ $1000 dollar for inconvenices and medical bills. I am wondering whether I should settle for $1000 or should I ask for more amount ? This is the first time I've even been an accident and I am completely shaken by it. I haven't been able to drive the car (due to fear) since the accident and am planning to see a psychiatrist. Need advice on what further steps should I take.

 

[I AM ALWAYS LIABLE]

My response:

Since you insist on dealing with the adjuster yourself, and who knows the law, and you don't, then what they've done for you, along with their offer, is fair - - and will teach you a lesson later on that you should have never done this by yourself.

IAAL

P.S. We don't do "steps". We answer legal questions. Doing "steps" requires legal representation.

 

[HDave]

I do not have any desire or preferences to deal with the adjuster by myself. Until now I was following directions of my and other party's insurance company since I was very depressed and shaken by the accident. Now that I am recovering, I started doing some research on net and realise that I should have hired an attorney\seek professional advice. My question is do I still have time and would it make difference since it's been two weeks now and the car is already taken to the body shop and being taken care of ? Thanks again.

 

[I AM ALWAYS LIABLE]

I do not have any desire or preferences to deal with the adjuster by myself. Until now I was following directions of my and other party's insurance company since I was very depressed and shaken by the accident. Now that I am recovering, I started doing some research on net and realise that I should have hired an attorney\seek professional advice. My question is do I still have time and would it make difference since it's been two weeks now and the car is already taken to the body shop and being taken care of ? Thanks again.

My response:

There you go! You read between the lines!

Now, wet your index finger and start paging through the Yellow Pages for a Personal Injury attorney, and then make the call. You'll find one under the "Attorneys" section.

IAAL

 

[spawn_x]

I disagree IAAL..

IMO you should only go for as much as you think you deserve.

I think 1000 would be fair considering you did not really receive any injuries.. as for the psychiatric bull**** - you weren't raped, so get over it.

IAAL, being in Los Angeles I am sure you're well aware of how many people run to the lawyer and sue for as much as possible... I'm not a fan of that, I think people should only ask the amount that they deserve, and not claim a bunch of BS and see it as a money making opportunity.

But that's just me..

 

[I AM ALWAYS LIABLE]

I disagree IAAL..

IMO you should only go for as much as you think you deserve.

I think 1000 would be fair considering you did not really receive any injuries.. as for the psychiatric bull**** - you weren't raped, so get over it.

IAAL, being in Los Angeles I am sure you're well aware of how many people run to the lawyer and sue for as much as possible... I'm not a fan of that, I think people should only ask the amount that they deserve, and not claim a bunch of BS and see it as a money making opportunity.

But that's just me..

My response:

I'm happy you disagree. However, would you please define "deserve", and once you've done that, tell me who should be the judge of that? I thought that's the reason why we have a court system and juries. Perhaps I'm wrong.

How do you know that our writer is only deserving of $1,000.00? Why not $750.00? How about $1,500.00? What do you think of $35,000.00?

Where are you drawing the line concerning the amount that's "deserving", and how did you calculate that?

I would really like your answers. These are not rhetorical questions.

IAAL

 

[spawn_x]

"I'm happy you disagree. However, would you please define "deserve", and once you've done that, tell me who should be the judge of that?"

- 3500 dollars (after lawyer fees) for a rear-end accident at 20mph is not deserving it.

"How do you know that our writer is only deserving of $1,000.00? Why not $750.00? How about $1,500.00? What do you think of $35,000.00?"

- Because she said she does not have any injuries, and that whole psychological thing isn't worth more than what she offered.

"Where are you drawing the line concerning the amount that's "deserving", and how did you calculate that?"

- I don't know really, its not like I have a formula figured out. I think its common sense really, not a formula or something. Does someone deserve 3500 dollars (after all the fees to lawyer/doctor) for a small accident? No. 1000 for some psychological stress? Yes.

"I would really like your answers. These are not rhetorical questions."

- and you got them. the reason the rates are so high, especially in cali, is because everyone (mostly) sees an accident as a money making opportunity, call their lawyer, and make thousands in supposable "medical" damages that don't exist, hence causing the rates to go up.

I'm sure you know where I'm coming from, however being a lawyer I could understand why you would think against it.

 

[I AM ALWAYS LIABLE]

"I'm happy you disagree. However, would you please define "deserve", and once you've done that, tell me who should be the judge of that?"

- 3500 dollars (after lawyer fees) for a rear-end accident at 20mph is not deserving it.


MY RESPONSE: Where are you getting these numbers, and these speeds? Also, this wasn't a "rear-end" accident. Our writer said, "It first hit the front right side of my car. After couple of seconds, the driver panicked and hit me again in the rear", the presumption being that our writer was hit in the right-rear quarter-panel on the second impact.








"How do you know that our writer is only deserving of $1,000.00? Why not $750.00? How about $1,500.00? What do you think of $35,000.00?"

- Because she said she does not have any injuries, and that whole psychological thing isn't worth more than what she offered.

MY RESPONSE: How about we let a qualified doctor make that determination. Ever hear of the "eggshell plaintiff"? Besides, our writer isn't a doctor to make her own diagnosis. If you've dealt with accident clients like I do, you'd know, from medically verifiable sources, that it typically takes a few days to a few weeks for injuries to manifest. This is not at all unusual.





"Where are you drawing the line concerning the amount that's "deserving", and how did you calculate that?"

- I don't know really, its not like I have a formula figured out. I think its common sense really, not a formula or something. Does someone deserve 3500 dollars (after all the fees to lawyer/doctor) for a small accident? No. 1000 for some psychological stress? Yes.


MY RESPONSE: Again, this is why we have courts and juries. So, let the experts help our writer. I know, and understand exactly where you're going with this. And, I'm willing to concede to you that you just might be correct. But, without expert advice and medical opinions, our writer could be doing more harm than good.

For example, let's presume that our writer hit her head on the driver's side window. Right now, our writer has headaches, and is popping aspirins like candy. How would our writer know, without proper medical examinations, that she's not suffering from a subdural hematoma, and is on the verge of dying?

IAAL

 

[spawn_x]

i understand all of your points and am glad you understand mine. I feel that way because i see this kind of fraud happen all over the place all the time around here, and am just tired and disgusted of seeing it.

granted its money, and a job for the lawyer, however i don't justify it..

just my opinion though.

p.s. i've done it once, went through a lawyer, got the money that in my opinion i didn't deserve.. felt guilty for being something i despise (spelling??) however ever since i haven't done it again and never went for anything extra besides the damage to the vehicle.

 

[gotocourt]

spaun_x: "i see this kind of fraud happen all over the place all the time around here, and am just tired and disgusted of seeing it." Ah! that explains it. You think this writer's claim is fraudulent.

Sorry, but I fail to see the "fraud". In fact, without anything more, I would believe the psychological injury claim is legitimate. In addition, the writer has candidly admitted that there was no physical injury. Apparently, the writer had not claimed any injury prior to the insurance carrier offering $1,000 for the inconvenience and medical bills (what medical bills?). Why do you think the carrier made such an offer? Simple, to obtain a release prior to the victim having had an opportunity to determine whether, in fact, any injury had occurred. Trust me, once the carrier has the release in their hand, they could care less, even if it turned out that the writer had really been seriously injured.
or not.

 

[HDave]

To further clarify. Eventhough the accident happenned on street and not on freeway, it was a pretty serious accident. I drive a big SUV (Acura MDX) and was hit by Honda Civic. Even a small car such as honda civic has posed excessive damage to my car (infact it even managed to drag my car in the next lane by the impact). And just when I though it was over, the car hit me again in the rear with a pretty good force. It might sound funny to some people but I got a feeling as if someone was trying to kill me or hurt me.

spawn_x, even though you might think it but I don't see this as money making opportunity at all. I want to get over with this and move on to my normal life as soon as possible but at the same time I want to make sure that I don't make any mistakes and take proper legal steps. Glad you could move on with your life after the accident but not everyone has same mental capacity.

I completely agree with you IAAL. I am also going to see my doctor in a week for complete physical checkup to make sure that I haven't actually suffered any internal injuries.

Thanks all for your comments.

 

[spawn_x]

just for the note the fraud was not relating to this particular car but something i see happen all the time around here.

psychologic therapy?

again, you did not get raped, i call bs on the whole psychologic thing and believe the 1000 more than covers any psychological damage.

obviously the accident was not severe enough to cause serious injuries (so far that is) so i don't see what "shock" there is.

Couple days of worrying is the most I see.

But again, its just my opinion, and like IAAL said contact a lawyer.