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MUScoop => The Superbar => Topic started by: 94Warrior on November 27, 2018, 11:42:02 PM

Title: I got rear ended tonight on the way to the MU game
Post by: 94Warrior on November 27, 2018, 11:42:02 PM
My son who was in the car is fine.  My neck began to spasm as soon as my adrenaline slowed down and is sore now.  There is damage to my rear bumper.  The driver who rear ended me pulled over, but then fled the scene after I asked for his insurance and said I planned to call the police.

So, I did call the police, gave them his plate number, and filed a hit and run accident report.  I imagine the police will find the guy and he won't have insurance.  And, yes I did go to the game, got there just before halftime.

Again, my son who was in the car is fine.  My neck is sore.  Rear bumper isn't terrible, but it is kind of screwed up.   

'One call, that's all' probably won't be of much help if the guy has no insurance, no job and no money.  Or will they?  I haven't been in this situation before, thankfully.  So, what do I do now? 




Title: Re: I got rear ended tonight on the way to the MU game
Post by: ZiggysFryBoy on November 28, 2018, 05:36:16 AM
File a claim with your insurance company.  You'll have to pay your deductible (sucks) but they will fix the car and try to pursue the driver.  If anything is recovered, I think the deductible is paid back to you first.

You also should have med pay which will pay for the injuries up to the limit for each of you.  Go get both of you checked out.

Unless you have injuries, one call is no help.  If you do have injuries,  you can file a claim against your insurance for uninsured motorist bodily injury.  That's when you probably want to talk to a lawyer.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: jficke13 on November 28, 2018, 08:53:40 AM
[...]
'One call, that's all' probably won't be of much help if the guy has no insurance, no job and no money.  Or will they?  I haven't been in this situation before, thankfully.  So, what do I do now?

The Grubers of the world make money off of making claims against your own insurance under the Uninsured Motorist Bodily Injury provision of your policy. You play the "owe my neck" and have a few sessions of PT, and the payment for it comes out of that UMBI limit. Insurance companies, naturally, are not inclined to offer up more than they have to pay, so anything over and above an obvious medical bill is easier to get paid after a PI attorney makes a demand...

of course you've got to be both willing to make demands of your own insurance company, and willing to cut your PI attorney 1/3 of whatever you get.

So, assuming you're fine, and your insurance doesn't deny when you go to the doc about your neck to make sure you're good, your attorney would need to get 1.34x what your insurance company offers you without that attorney for it to pay off.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: TSmith34, Inc. on November 28, 2018, 08:56:59 AM
File a claim with your insurance company.  You'll have to pay your deductible (sucks) but they will fix the car and try to pursue the driver.  If anything is recovered, I think the deductible is paid back to you first.
This matches my experience.  Took my insurance company almost 2 years to get the money out of the guy, but eventually I got my deductible repaid.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: 4everwarriors on November 28, 2018, 11:24:54 AM
Were ya in a buffet line, hey?
Title: Re: I got rear ended tonight on the way to the MU game
Post by: MU Fan in Connecticut on November 28, 2018, 12:24:41 PM
My son who was in the car is fine.  My neck began to spasm as soon as my adrenaline slowed down and is sore now.  There is damage to my rear bumper.  The driver who rear ended me pulled over, but then fled the scene after I asked for his insurance and said I planned to call the police.

So, I did call the police, gave them his plate number, and filed a hit and run accident report.  I imagine the police will find the guy and he won't have insurance.  And, yes I did go to the game, got there just before halftime.

Again, my son who was in the car is fine.  My neck is sore.  Rear bumper isn't terrible, but it is kind of screwed up.   

'One call, that's all' probably won't be of much help if the guy has no insurance, no job and no money.  Or will they?  I haven't been in this situation before, thankfully.  So, what do I do now?

My teenage daughter got hit 2 weeks ago just outside of school.  There is only damage to the bumper on the tank we have her driving better known as a 2006 Ford Explorer.  The other kids car was totaled.  She complained a few days that her back has been sore since the accident.  My wife went to make a doctor appointment and they recommended going the Med Pay route just in case there is a worsening condition.  Using Med Pay through my insurance and the other kid did have insurance so his insurance will fix the bumper.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Jockey on November 28, 2018, 06:00:44 PM
My teenage daughter got hit 2 weeks ago just outside of school.  There is only damage to the bumper on the tank we have her driving better known as a 2006 Ford Explorer.  The other kids car was totaled.  She complained a few days that her back has been sore since the accident.  My wife went to make a doctor appointment and they recommended going the Med Pay route just in case there is a worsening condition.  Using Med Pay through my insurance and the other kid did have insurance so his insurance will fix the bumper.

Just don't sign off on an insurance settlement too soon. They will come with an offer to pay for damages and the cost of your daughter going to the doctor. If you sign their offer and your daughter's back starts hurting 6 months from now, you will be out of luck as far as any future ramifications of the accident.

Hopefully, she will be fine and the point will be moot.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: theBabyDavid on November 28, 2018, 07:41:50 PM
I think one's experience with such matters begins with your insurer. Having lived through two boys driving on my policy I can say that this is likely the single most important factor in the quality or frustration of one's experience.

My family has been with USAA since 1932. USAA is exceptional at customer service. It would never enter my mind to defect. They are that good.

 
Title: Re: I got rear ended tonight on the way to the MU game
Post by: StillAWarrior on November 28, 2018, 09:01:00 PM
I think one's experience with such matters begins with your insurer. Having lived through two boys driving on my policy I can say that this is likely the single most important factor in the quality or frustration of one's experience.

My family has been with USAA since 1932. USAA is exceptional at customer service. It would never enter my mind to defect. They are that good.

What he said.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: MU Fan in Connecticut on November 29, 2018, 11:06:28 AM
Just don't sign off on an insurance settlement too soon. They will come with an offer to pay for damages and the cost of your daughter going to the doctor. If you sign their offer and your daughter's back starts hurting 6 months from now, you will be out of luck as far as any future ramifications of the accident.

Hopefully, she will be fine and the point will be moot.

Thanks. 
We actually got a call last night from the other party's insurance and the adjuster was inferring this.  We were trying to explain that she hasn't even seen a doctor yet.  We of course hope it's nothing, but it's too early to know anything.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: ZiggysFryBoy on November 29, 2018, 12:30:00 PM
Thanks. 
We actually got a call last night from the other party's insurance and the adjuster was inferring this.  We were trying to explain that she hasn't even seen a doctor yet.  We of course hope it's nothing, but it's too early to know anything.

Adverse company will definitely try to pressure you to settle.

And despite the hokie commercials, attorney representation changes how an adjuster looks at a case.   

As mentioned above, make sure you dont give a third of what you might get to a lawyer doe.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Benny B on November 29, 2018, 12:41:23 PM
Just don't sign off on an insurance settlement too soon. They will come with an offer to pay for damages and the cost of your daughter going to the doctor. If you sign their offer and your daughter's back starts hurting 6 months from now, you will be out of luck as far as any future ramifications of the accident.

Hopefully, she will be fine and the point will be moot.

This.  Exactly this. 

Frankly, the best advice - as cliche as it may be - is don't sign anything without consulting an attorney*.  Or at least without consulting the Scoop legal braintrust.

*Not a one-call or PI type... someone you trust or at least someone who will sit down with you to review & go over your options for a flat fee.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: MU Fan in Connecticut on November 29, 2018, 01:34:43 PM
Thanks Scoop. 
I'll be a lot more discreet with info and definitely won't be in a rush to sign anything.  Plus both my kids were in the car.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Jables1604 on December 02, 2018, 12:57:23 AM
I do Plaintiff’s work in Connecticut. If the other driver’s insurance carrier is Allstate, Liberty Mutual, SAFECO or Progressive run, don’t walk to see a lawyer. Let me know where in the state you’re located and I can point you in the right direction.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: forgetful on December 02, 2018, 11:04:01 AM
Just don't sign off on an insurance settlement too soon. They will come with an offer to pay for damages and the cost of your daughter going to the doctor. If you sign their offer and your daughter's back starts hurting 6 months from now, you will be out of luck as far as any future ramifications of the accident.

Hopefully, she will be fine and the point will be moot.

This isn't entirely true.  I was in an accident with an uninsured driver (who ran a red light). My injuries were pretty minor, mostly just resulting in some mild pain and soreness for about a week.  I had $1k in medical bills.

My insurance company offered to settle with me for $5k for pain and suffering, and included a clause in the settlement that any and all medical bills resulting from the accident that may arise in the future would be covered.  The only future aspect I would not be allowed to claim would be additional pain and suffering.  From what they told me, the inclusion that all future medical bills would be covered is standard practice.  They simply want a settlement so people don't claim disability/pain and suffering 8 years later because of a neck spur.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: MU Fan in Connecticut on December 03, 2018, 08:06:47 AM
I do Plaintiff’s work in Connecticut. If the other driver’s insurance carrier is Allstate, Liberty Mutual, SAFECO or Progressive run, don’t walk to see a lawyer. Let me know where in the state you’re located and I can point you in the right direction.

It was none of the above. 
I'm in the Greater New Haven area.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Jockey on December 03, 2018, 10:12:24 AM
File a claim with your insurance company.  You'll have to pay your deductible (sucks) but they will fix the car and try to pursue the driver.  If anything is recovered, I think the deductible is paid back to you first.

You also should have med pay which will pay for the injuries up to the limit for each of you.  Go get both of you checked out.

Unless you have injuries, one call is no help.  If you do have injuries,  you can file a claim against your insurance for uninsured motorist bodily injury.  That's when you probably want to talk to a lawyer.

You disappoint me, man.

I thought with this thread title, you would be on top of your game.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: ZiggysFryBoy on December 03, 2018, 01:54:28 PM
You disappoint me, man.

I thought with this thread title, you would be on top of your game.

Not my style anymore.  I've been educated by the enlightened ones here on scoop.  You know, the Dean Wormer types.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Jockey on December 04, 2018, 06:47:52 PM
Not my style anymore.  I've been educated by the enlightened ones here on scoop.  You know, the Dean Wormer types.

The kiddies on Scoop probably don't get the dean Wormer reference.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: warriorchick on December 04, 2018, 07:07:03 PM
The kiddies on Scoop probably don't get the dean Wormer reference.

Their loss.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Jables1604 on December 04, 2018, 08:17:43 PM
MU Fan in Connecticut-If you need help reach out to John Kennedy on Long Wharf in New Haven.  Top notch litigator. Great guy as well.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: GooooMarquette on December 05, 2018, 08:22:46 AM
Their loss.

+1
Title: Re: I got rear ended tonight on the way to the MU game
Post by: warriorchick on December 05, 2018, 08:26:19 AM
The kiddies on Scoop probably don't get the dean Wormer reference.

(https://media3.giphy.com/media/3oz8xBXJTF1HbUwvO8/giphy.gif?cid=3640f6095c07dfda5354684e596c3ebe)
Title: Re: I got rear ended tonight on the way to the MU game
Post by: MU Fan in Connecticut on December 05, 2018, 03:35:03 PM
MU Fan in Connecticut-If you need help reach out to John Kennedy on Long Wharf in New Haven.  Top notch litigator. Great guy as well.

Thanks.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Benny B on December 05, 2018, 04:10:16 PM
This got me thinking... does anyone have any sort of "special liability" insurance, be it for work or personal, that covers  gaps/exclusions in your typical auto/home coverages?  Not simply an umbrella policy, but something that provides legal coverage outside of the home from unlikely and/or frivolous lawsuits (for which you normally aren't liable, but you'd still need to pay to defend).  And if so, what would this be called?

There could literally be infinite examples of this, but just off the top of my head... 

1) You're holding a door open for the person behind you as you exit the FiFo when a windgust slams the door shut on said person who suffers injury.  She sues everyone, including you.

2) You're crossing Wisconsin Ave at the crosswalk on 13th Street, westbound driver doesn't see you until last second, swerves to miss, loses control, and goes head-on into eastbound lane killing the driver, whose family promptly files wrongful death suit against both you and the inattentive driver.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: TSmith34, Inc. on December 05, 2018, 08:39:22 PM
Personal Liability insurance.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: ZiggysFryBoy on December 05, 2018, 09:30:18 PM
This got me thinking... does anyone have any sort of "special liability" insurance, be it for work or personal, that covers  gaps/exclusions in your typical auto/home coverages?  Not simply an umbrella policy, but something that provides legal coverage outside of the home from unlikely and/or frivolous lawsuits (for which you normally aren't liable, but you'd still need to pay to defend).  And if so, what would this be called?

There could literally be infinite examples of this, but just off the top of my head... 

1) You're holding a door open for the person behind you as you exit the FiFo when a windgust slams the door shut on said person who suffers injury.  She sues everyone, including you.

2) You're crossing Wisconsin Ave at the crosswalk on 13th Street, westbound driver doesn't see you until last second, swerves to miss, loses control, and goes head-on into eastbound lane killing the driver, whose family promptly files wrongful death suit against both you and the inattentive driver.

Your homeowners policy has liability coverage too.  That would provide defense for random occurrences.

One thing that most people dont have is an endorsement for personal injury: libel, slander, defamation, wrongful detention, etc.   Worth the few bucks to add that to your insurance.

Your personal umbrella provides that coverage too, but you have to have it on the underlying homeowners/renters policy.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Benny B on December 06, 2018, 09:00:11 AM
Your homeowners policy has liability coverage too.  That would provide defense for random occurrences.

One thing that most people dont have is an endorsement for personal injury: libel, slander, defamation, wrongful detention, etc.   Worth the few bucks to add that to your insurance.

Your personal umbrella provides that coverage too, but you have to have it on the underlying homeowners/renters policy.

Businesses have CGL and E&O policies that cover its employees whether they're in the office or not (so long as they're on company business), but it is my understanding that PERSONAL liability and umbrella on your HO policy does not cover you for occurrences outside the home.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: ZiggysFryBoy on December 06, 2018, 02:52:22 PM
Businesses have CGL and E&O policies that cover its employees whether they're in the office or not (so long as they're on company business), but it is my understanding that PERSONAL liability and umbrella on your HO policy does not cover you for occurrences outside the home.

Wrong.

Umbrellas give you liability coverage globally.   Some homeowners policies do too, others are limited to the US and Canada.

Free tip.  If you drive in Mexico,  you have to buy a policy from Mexico. Total scam,  but the policia will nail gringos for that.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Benny B on December 06, 2018, 03:33:05 PM
Wrong.

Umbrellas give you liability coverage globally.   Some homeowners policies do too, others are limited to the US and Canada.

Free tip.  If you drive in Mexico,  you have to buy a policy from Mexico. Total scam,  but the policia will nail gringos for that.

My Home/Auto/Umbrella is with Erie Insurance, I have their top tier coverage (or at least what was their top tier coverage as of 3 or 4 years ago) that exceeds HO-5, but my agent told me flat out that if I get sued for something that didn't occur at or involve either my home or car, that Erie would not defend me.

Now, maybe I misinterpreted that as them saying that Erie would not hire a lawyer for me or they would not advance funds for my defense (but would reimburse me), or maybe it was the agent assuming that we were talking in context of something happening during the course of my employment (in which case, my employer's insurance would be primary).  But if I just happen to be walking by a bank when the alarm goes off and people start pointing the finger at me when the police show up because I'm wearing the same color hoodie as the actual perp, the last person I want to be talking to is my insurance agent who couldn't even tell me what my coverage was eligible for.  And even then, I'm going to probably have to do everything myself and submit a claim for reimbursement later, which is great so long as it's not something for which I'm being hauled off to the pokey.

This is probably too extreme of a term, but I'm curious as to whether some sort of "crisis response" insurance even exists, something like what ADT does if your alarm goes off (i.e. ADT doesn't show up with a fire hose, when the alert comes in, they start calling the appropriate personnel)... that is, if I get drawn into something that isn't my fault, be it civil or criminal, that I can literally make one call to my insurance company and they start liaising with anyone I need for the situation - attorneys, bail, consultants, temporary housing, transportation, etc. - all without me having to come out of pocket first (even if there's a deductible or co-pay, that gets squared away later).
Title: Re: I got rear ended tonight on the way to the MU game
Post by: ZiggysFryBoy on December 06, 2018, 04:10:51 PM
My Home/Auto/Umbrella is with Erie Insurance, I have their top tier coverage (or at least what was their top tier coverage as of 3 or 4 years ago) that exceeds HO-5, but my agent told me flat out that if I get sued for something that didn't occur at or involve either my home or car, that Erie would not defend me.

Now, maybe I misinterpreted that as them saying that Erie would not hire a lawyer for me or they would not advance funds for my defense (but would reimburse me), or maybe it was the agent assuming that we were talking in context of something happening during the course of my employment (in which case, my employer's insurance would be primary).  But if I just happen to be walking by a bank when the alarm goes off and people start pointing the finger at me when the police show up because I'm wearing the same color hoodie as the actual perp, the last person I want to be talking to is my insurance agent who couldn't even tell me what my coverage was eligible for.  And even then, I'm going to probably have to do everything myself and submit a claim for reimbursement later, which is great so long as it's not something for which I'm being hauled off to the pokey.

This is probably too extreme of a term, but I'm curious as to whether some sort of "crisis response" insurance even exists, something like what ADT does if your alarm goes off (i.e. ADT doesn't show up with a fire hose, when the alert comes in, they start calling the appropriate personnel)... that is, if I get drawn into something that isn't my fault, be it civil or criminal, that I can literally make one call to my insurance company and they start liaising with anyone I need for the situation - attorneys, bail, consultants, temporary housing, transportation, etc. - all without me having to come out of pocket first (even if there's a deductible or co-pay, that gets squared away later).

I'll respond in full later, but your agent is an idiot.
Title: Re: I got rear ended tonight on the way to the MU game
Post by: Jockey on December 06, 2018, 06:41:14 PM
I'll respond in full later, but your agent is an idiot.

I think everything you have said on the subject is correct.