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Question
Will try to make a long story shorter....rear-ended at 50+, pushed into oncoming traffic, hit again, then pushed back into my lane and off the road. My car was totaled. Just got my insurance check, have to find a replacement car. The rear-ender was all his fault (according to report). My insurance says I should be hearing from HIS insurance soon. I know I have 2 years to sue. Miraculously, no serious injuries on my part. Taken to hospital and checked out, no neck, no head, no nothing problems. My question is I don't know WHAT to expect when the at-fault's insurance contacts me...never been through this before. Will they want to give me some money so I will "sign-off" on any future claims? I am NOT a cronic suer, but I feel I SHOULD get SOMETHING from them, as their driver ruined my pretty car. Can you give me some advice as to what to expect when they contact me, and how I should respond???
Hello Sue,
I can relate to your story and I will tell you where I am at 12 years later.
I am now on SS disibility because of the crash. At the time, all that I thought was wrong was the broken collar bone from the seat belt.
Weeks then months went by. In to the chiro, nerve docs, orthopedics etc., just getting worse.
I settled the case for not enough money, but I knew it. I have a black cloud over my head and the chiro I picked for my expert went to prison for tax evasion. My orthopedic just got busted again last year for drunk driving and killed a family of three.
You need to remember that you are now damaged goods. If anything happens to you in the future all your injuries whether related or not will be called pre-existing.
Soft tissue injuries take a while to show up. X-rays do not detect them. That is the purpose of MRIs.
You may not be sue happy, but you need to look out for your best interest and I guaranty, the other guy's ins company is not looking out for you.
Personally, from my own experiece, I would recommend consulting with an attorney. In most cases the consultations are free. They work on contingency. Also remember, the medical bills are taken out of the settlement and paid back to the health insurer. The lawyer gets 33% off the top.
If the lawyer is good, you will settle without going to court, but it is his/hers job to look out for your interests.
12 years later with unbearable pain being at 10, I live at all times between a 7 and 10.
In fact, just saw doc today trying to get knees fixed. He said I am filled with arthritus in my back and legs and I will never be where I was at before the crash.
My ex-wife who was 12 years younger told me I aged too fast--all from this crash.
Had our fine state of Wisconsin not had a discrimination clause for arrest record or conviction record, the puke driving the school bus that rear ended me at 60 mph coming down an expressway ramp, where I was stopped for a red light, would not have been driving a school bus. He was a convicted felon for shooting someone!!!
Am I bitter? You bet! I just don't want someone to go through what I did and not get compensated accordingly.
If you tell me what state you are in, I might know an attorney I can refer you to. Just write me at robpainter@autotheftexpert.com.
Rob
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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