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-   -   Qualified Compensation from rear end car accident (https://www.askmehelpdesk.com/showthread.php?t=834971)

  • Oct 16, 2017, 02:28 AM
    chochocho
    Qualified Compensation from rear end car accident
    Last Saturday, while waiting for a red light to turn green as I coming from a highway exit and heading into a city roadway, my car was hit hard on the rear by an impatient driver. Even though my bumper withstood the impact with minor damage, the other car&apos;s front bumper was almost knocked out and badly damaged due to the impact. I was shook up from the impact and felt a little dizzy and woozy in the head after the impact even though I didn&apos;t go to the hospital. The other driver accepted full responsibility for the accident so we didn&apos;t involve the cops rather I got her insurance info an claims info too. A day after the accident I noticed that I still feel kind of like I&apos;m having a hangover from getting drunk last night, so for this reason, I&apos;m thinking of seeing a doctor today&nbsp; which is Monday.<br>
    <br>
    Please I need some advice on how to approach a case like this in terms: <br>
    --- do I need an attorney?<br>
    ---what kind of compensation do I qualify&nbsp; for this accident especially for the medical issue?<br>
    ---... etc<br>
    <br>
    ---I already know her insurance will fix my car
  • Oct 16, 2017, 05:12 AM
    talaniman
    You get yourself checked out by a doctor, and include the bill as well as any treatments, and missed time from work you have incurred. The other driver is responsible for damages to your car as well as to you. Yes a lawyer will know what you should be compensated for and your rights, and HIGHLY recommended if you turn out with injuries and medical bills, and a disruption to your life (Pain and suffering), and typically collect a fee when you get compensated.

    Settlement is usually withheld until the full extent of your medical needs have been met and you have fully recovered. Do you have medical and car insurance?
  • Oct 16, 2017, 09:03 AM
    Wondergirl
    Please report this to your auto insurance company. They will work with the woman's insurance company to make sure your car gets fixed and that any of your medical concerns are dealt with and paid for. Your company also has a team of lawyers, if it comes to that.
  • Oct 16, 2017, 12:15 PM
    dontknownuthin
    I would not get an attorney through your insurance company. Call a personal injury attorney in your area and have them handle negotiations. If you have already reported the damages to the car, that is fine. You can tell your insurance company that you are retaining an attorney.

    I had a similar accident several years ago. I regretted that my first call was not to an attorney after seeking medical help because I handled a few things differently than I should have. My accident was not very serious but it took out a few panels of the side of my car which needed to be replaced, so was expensive in that regard. I needed a rental while the car was repaired. I also had a whiplash type injury to my neck and partially slipped a disc in my back. I realized this when I tried to get my purse off the floor of the car and could not bend down to pick it up. Ultimately, though I wasn't seriously injured and didn't go to the hospital, I did follow up the next day with urgent care. I hired an attorney and he referred me for chiropractic care, which was very helpful. I ended up getting full payment for my car repair, car rental, lost time from work (including for medical appointments and dealing with picking up/dropping off rentals and my own vehicle for repair). The attorney was paid and I ended up with an additional cash settlement of nearly $3,500. So, it was worth hiring a lawyer.

    Call them immediately - how you arrange things with the insurance company can impact your final settlement. For example, one way that attorneys can get you more money is to negotiate on the medical bills so you pay less than billed, which is hard to do if you've just given them your insurance. It's all based on where you live, what damages there are, who the insurance companies involved are, and other details so my story is just for purpose of example - you need a local attorney ASAP.

    And personal injury attorneys do not charge you. They settle at such a dollar value that they can take a third, all bills can be paid, and you get cash at the end.
  • Oct 16, 2017, 12:20 PM
    chochocho
    .Hi, thanks for input. I have car insurance but no medical insurance. Just have Dental insurance only
  • Oct 16, 2017, 12:32 PM
    Wondergirl
    Quote:

    Originally Posted by chochocho View Post
    .Hi, thanks for input. I have car insurance but no medical insurance. Just have Dental insurance only

    If it was the other person's fault, you definitely want your own auto insurance company to be on your team. The other person's auto insurance will have to pay. (Do you have medical coverage on your auto policy? It sounds like you have auto and health insurance policies/coverage confused.)
  • Oct 16, 2017, 01:00 PM
    chochocho
    Hey, thanks for your input. Will proceed as you've advised
  • Oct 16, 2017, 05:51 PM
    Fr_Chuck
    It is not the other persons fault, till they have officially taken it, or court has ordered it. They are as likely to deny it ever happened without a police report. (first mistake)
    Second issue, have you called and verfied her insurance ? Told them about the wreck?

    Have you called your insurance company to start the process and have a record ?

    Then you go the doctor, find out what is wrong. And call her company to make a claim.
  • Oct 17, 2017, 05:58 PM
    ScottGem
    You should not have gone without a police report, but that's water under the bridge.

    Back in January I was T-boned by a driver who slid through a red light. Clearly his fault and he admitted it to the police. I walked away from the accident and later that day, started to feel pain in my leg. A day or so later I started to feel pain in my back. That's when I decided I needed a lawyer. I retained one who accepted the case on contingency (most will). He recommended a doctor who I went to see. The doctor knew what to do that would be best for me legal case. I wa also fortunate, living in NYS that their no fault laws covered my medical care.

    Bottom line; find an attorney First then take their advice about medical treatment.
  • Oct 18, 2017, 01:25 AM
    JMAttero
    In my opinion, an accident is just that. It should not be treated as a way to make a windfall profit. You absolutely should be compensated for your car repairs, medical bills that were not covered by your mefical insurance and any time that you were TRULY unable to work. Anything more than making you whole will, in my opinion, come back and bite you in the . Karma is a!!

    Sent from my SM-G530T using Tapatalk
  • Oct 18, 2017, 03:17 AM
    ScottGem
    Quote:

    Originally Posted by JMAttero View Post
    In my opinion, an accident is just that. It should not be treated as a way to make a windfall profit. You absolutely should be compensated for your car repairs, medical bills that were not covered by your mefical insurance and any time that you were TRULY unable to work. Anything more than making you whole will, in my opinion, come back and bite you in the . Karma is a!!

    Sent from my SM-G530T using Tapatalk

    While I certainly agree, one will often need an attorney to insure that you get properly compensated. Insurance companies are not in the business of paying claims. They will generally avoid as much as possible. There is also a question of what is fair compensation. For example, in my case, my car was totaled. I had to replace it. For the amount that the insurance company allowed for my car, I could not find anything comparable. A major part of that is my car was very low mileage for its age. But you can't include property loss in a suit. There is also intangibles. I had to go through physical therapy and chiropractic treatment starting three times a week for the first 2 months. While I didn't lose any time from work, it did take time from my life. Don't I deserve compensation for that?

    My point is it is not as black and white as you make it.
  • Oct 18, 2017, 03:55 AM
    JMAttero
    Aga5un, I am just offering my opinion. Each person needs to decide what amount of compensation will make them "whole". If I were involved in an accident, that is what I would want. Anything more than that would make me feel like I was taking advantage of the system. I prefer to be able to look myself in the mirror and lay my head on the pillow at night without feeling like I had gotten over on someone. Each person needs to make, and live with, the choices they make.

    Sent from my SM-G530T using Tapatalk
  • Oct 18, 2017, 09:54 AM
    chochocho
    Hey, thanks for your great tips. Just curious about what you hinted to get more payout, you said that one can negotiate to pay less than billed from the medical bill. I wonder how this process works?
  • Oct 31, 2017, 07:16 AM
    chochocho
    Hi all. Thanks to all that chipped in your views and advice for my question. I've taken some major steps stemming from all advice and currently am going through some treatment and have also retainedban attorney for my case. Luckily the drver8 that hit me accepts full responsibility for the Accident so my attorney is working smoothly with her insurance company to make sure that am well compensated for the accident

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