I got rear ended tonight on the way to the MU game

[94Warrior]

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? 

[ZiggysFryBoy]

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.

[jficke13]

[...]
'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.

[TSmith34, Inc.]

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.

[4everwarriors]

Were ya in a buffet line, hey?

[MU Fan in Connecticut]

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.

[Jockey]

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.

[theBabyDavid]

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.

 

[StillAWarrior]

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.

[MU Fan in Connecticut]

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.

[ZiggysFryBoy]

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.

[Benny B]

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.

[MU Fan in Connecticut]

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.

[Jables1604]

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.

[forgetful]

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.

[MU Fan in Connecticut]

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.

[Jockey]

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.

[ZiggysFryBoy]

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.

[Jockey]

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.

[warriorchick]

The kiddies on Scoop probably don't get the dean Wormer reference.

Their loss.

[Jables1604]

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.

[GooooMarquette]

Their loss.

+1

[warriorchick]

The kiddies on Scoop probably don't get the dean Wormer reference.

[MU Fan in Connecticut]

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.

[Benny B]

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.