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VMichaelC · Feb 26, 2013, 10:25 PM

Yesterday around 12 I was driving with my friends after school as I'm driving I have traffic ahead of me and behind me. A car shoots out and makes a illegal u-turn and before I could even react I smashed into him. My car was TOTALED, destroyed, it was a total loss. My car smoking my damn license plate was embedded in his car, my windshield was cracked, my entire front bumper was on the ground, it was real bad.

After the accident I went over to him to see if he was okay, he was shook up and told me it was his fault. Clearly it was his fault... The cops and the people around me told me it was his fault and there's nothing I could do..

The outcome of the accident I hurt my neck (nothing too serious), a sprained hand, my knee hurts even worse after a bone bruise after two months ago. And I'm also experiencing head aches. My friend hurt her jaw; she cannot close her mouth, the passenger hurt his chest. I know the passengers have to make their own case and its irreverent to me. The injuries wasn't too serious but my car was completely destroyed. The other driver didn't have a scratch on him.. As I walk over to his car to make sure he was okay I notice there was a 4 year old boy in the car an immediately I panicked hoping the boy was okay, he had no clue of what had happen..

I'm going to the doctors tomorrow for my neck. How much could I sue for?

Wondergirl · Feb 26, 2013, 10:29 PM

Do you have auto insurance? If so, did you report the accident to your agent?

Does the other driver have insurance?

VMichaelC · Feb 26, 2013, 10:29 PM

Yes and yes.

Wondergirl · Feb 26, 2013, 10:31 PM

Does the other driver have auto insurance?

Was there a police report and ambulance called?

VMichaelC · Feb 26, 2013, 10:32 PM

I'm sure he does. And yes there was police and multiple ambulances at the accident.

VMichaelC · Feb 26, 2013, 10:32 PM

I'm sure he does. And yes there was police and multiple ambulances at the accident. ***I'm sorry--there was a police report

Wondergirl · Feb 26, 2013, 10:33 PM

You did not get his insurance and other information? Do you have a copy of the police report?

How old are you?

VMichaelC · Feb 26, 2013, 10:35 PM

Originally Posted by Wondergirl

You did not get his insurance and other information? Do you have a copy of the police report?

How old are you?

I'm not sure I would have to ask my parents. I'm sure I do. Lets say I do have the information. I just turned 18 last month.

Wondergirl · Feb 26, 2013, 10:39 PM

You're not sure you have a copy of the police report? Why not?

What happens is your insurance company deals with this, but you don't. Your insurance company assigns the case to an adjuster. He talks with police and the other driver and witnesses and any passengers and does a huge report on what are called the "facts of the accident." You need to find out who that adjuster is (or he will contact you), and you and maybe your father will be discussing the accident with him.

J_9 · Feb 26, 2013, 10:43 PM

You can't get a police report right away, it takes 24-48 hours in most places (my son is a police officer).

Were you injured? What are your injuries?

Wondergirl · Feb 26, 2013, 10:45 PM

Originally Posted by J_9

You can't get a police report right away, it takes 24-48 hours in most places (my son is a police officer).

Here in Chicagoland a police report is written up at the scene and copies given to each driver immediately.

VMichaelC · Feb 26, 2013, 10:46 PM

Originally Posted by Wondergirl

You're not sure you have a copy of the police report? Why not?

What happens is your insurance company deals with this, but you don't. Your insurance company assigns the case to an adjuster. He talks with police and the other driver and witnesses and any passengers and does a huge report on what are called the "facts of the accident." You need to find out who that adjuster is (or he will contact you), and you and maybe your father will be discussing the accident with him.

I'm not sure because I went in the ambulance and that was that, after that all I've done was speak to State Farm and told them what happened. I did make a police report.

Well everything seems like its against him because he was simply wrong.. If it seems that way is their a good chance I could sue and win? Not that I'm sure you really know what exactly happened. I just need a clear head with this.

Wondergirl · Feb 26, 2013, 10:48 PM

Originally Posted by VMichaelC

im not sure because I went in the ambulance and that was that, after that all I've done was speak to State Farm and told them what happened. I did make a police report.

Well everything seems like its against him because he was simply wrong.. If it seems that way is their a good chance I could sue and win? Not that I'm sure you really know what exactly happened. I just need a clear head with this.

YOU are not the one who sues. Your adjuster will be contacting you to discuss the accident. SF would be the one who sues in your name, if it comes to that.

Just out of curiosity, why would you sue? He has insurance, you said.

VMichaelC · Feb 26, 2013, 10:49 PM

Originally Posted by J_9

You can't get a police report right away, it takes 24-48 hours in most places (my son is a police officer).

Were you injured? What are your injuries?

a sprained hand, my neck hurts to move side to side a little, I'm experiencing head aches and I had a knee injury 3 months ago which was a bone bruise the pain is starting to go away until the accident now it hurts a lot.

Wondergirl · Feb 26, 2013, 10:51 PM

Originally Posted by VMichaelC

a sprained hand, my neck hurts to move side to side a little, I'm experiencing head aches and I had a knee injury 3 months ago which was a bone bruise the pain is starting to go away until the accident now it hurts a lot.

Keep all your medical bills. SF will will want copies. Your passengers should do the same.

VMichaelC · Feb 26, 2013, 10:53 PM

Originally Posted by Wondergirl

YOU are not the one who sues. Your adjuster will be contacting you to discuss the accident. SF would be the one who sues in your name, if it comes to that.

Just out of curiosity, why would you sue? He has insurance, you said.

$$ plays a key part into this. Everyone wants money. I wouldn't sue the driver because I don't have the heart, it would have to do with insurance and what ever would happen with that. My brother told me about accidents of people and how simple it was and they got a decent amount of money. (Around 30,000)

I mean I am experiencing pain, my car is a total loss. If I have a chance to do something..

Wondergirl · Feb 26, 2013, 10:59 PM

Originally Posted by VMichaelC

I mean I am experiencing pain, my car is a total loss. If I have a chance to do something..

The other driver should have insurance to cover this -- and if not, your SF adjuster will know what to do from there. Your medical bills will be paid and you will be reimbursed for your car by his insurance company, if the accident is determined to be his fault.

Could the other driver come back at you later and say you were texting or goofing around with your passengers and not paying attention to your driving?

odinn7 · Feb 26, 2013, 11:04 PM

A while back I was hit by a careless driver. She totaled my car, broke my wrist, broke my knee cap. I was in the hospital for 5 days, had surgery on my knee to have the knee cap wired together. 8 months later, back into surgery to have the wire removed.

Here is how it worked for me... my insurance company went after their insurance company for hospital bills, lost wages, therapy, our car... all of that.

I had more to worry about though. The knee injury will be with me the rest of my life... it will never be the same. I can't kneel. I can't squat to lift something... it affected me in the line of work I was trained to do. I sued.

I hired a lawyer and sued the driver... what happens is that suing the driver is just how it's done. The driver isn't the one that pays it out though, it is their insurance company.

So... your car and hospital bills are taken care of by your insurance company who then goes after their insurance company for reimbursement. Beyond that, if you need or want more out of it, you have to hire your own lawyer and he will guide you on how to proceed.

Based on what you said though, I don't think I would be suing unless the injuries are more severe than what you describe.

VMichaelC · Feb 26, 2013, 11:04 PM

Originally Posted by Wondergirl

The other driver should have insurance to cover this -- and if not, your SF adjuster will know what to do from there. Your medical bills will be paid and you will be reimbursed for your car if the accident is determined to be his fault.

Could the other driver come back at you later and say you were texting or goofing around with your passengers and not paying attention to your driving?

I was doing nothing but focusing on the road. I'm not even sure if he even saw me, because he came out of no where really.. He did admit it was his fault and State Farm and the police stated I am at zero fault.

Wondergirl · Feb 26, 2013, 11:05 PM

Originally Posted by VMichaelC

I was doing nothing but focusing on the road. I'm not even sure if he even saw me, because he came out of no where really.. He did admit it was his fault and State Farm and the police stated I am at zero fault.

So you have talked with SF? (new information!)