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 Posted: Fri Feb 27, 2009 8:38 pm Post subject: What to do now? Are kids invisable? She's in pain!!!! |
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| My daughter was injured in an auto accident. In short it was deliberate. The sicko even knew that children were in the van. He cut off my husband after several attempts to run the van off the road. When that failed he swerved in front and slammed his brakes on. He then took off-FAST. We had a witness who seen the whole thing and made a report to the police. He was found 2 weeks later and charged. My daughter was the most injured. She hit her head, arm, knee and her neck and back are also hurt. She is being seen by our family doctor and is going to physiotherapy 2 times a week. This is her 3rd week and she seems to be getting worse. x-rays have been ordered and she is going to be seen by a psychologist because of fear and nightmares. She is a very bright 10 yr old and is very active...maybe the next soccer star. Her knee is so sore she can hardly walk. So scared for her future. Everything seems to be soft tissue but she is not bouncing back like they thought she would. I'm so angry at this crazed man for what he has done to her. I was told by my bodily injury adjuster that I should go after his insurance for pain and suffering? |
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mommythree
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| Posted: Fri Feb 27, 2009 11:12 pm Post subject: |
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Mommythree,
I am so sorry to hear about your daughter, and I hope that she begins to recover soon.
I think that you should pursue a claim for pain and suffering. It sounds like she deserves it. Have you had any discussions with the man's adjuster yet? Laws vary from state to state, but your own adjuster should be an expert in the laws of your state, and can give you some good advice.
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ChristyP
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| Posted: Sat Feb 28, 2009 1:35 am Post subject: |
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I'd keep that "intentional" thing to yourself when discussing the accident with the other person's carrier. It's almost impossible to deny a claim but their is an exclusion in the auto policy for intentional acts. This would leave you attempting to get paid by the other drivers directly (which won't happen). Again, it's almost impossible for an insurance to exclude coverage for this reason but no reason to lead them in that direction.
People usually don't try to run people off the road several times and then get in front of them and slam in the brakes for absolutely no reason. Many people do over react and a few over react _way_ to much. None the less, there is no reason for the other person's actions as you mention.
You can certainly call the other carrier and ask for a pain and suffering payment. State law will dictate how this is addressed. |
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tcope
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| Posted: Sat Feb 28, 2009 9:15 am Post subject: |
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Yes, she should get pain and suffering. However, I've heard that a minor would receive the check when she would turn 18. is that ture?
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Rosaline
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| Posted: Sat Feb 28, 2009 4:17 pm Post subject: mommythree |
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| I am a little nervous to call them because I'm not to sure how much info to give his insurance company? I'm not sure how much to even expect for her. I hope they set up a trust fund of some sort for when she is older that would be nice for her. Thanks for your time! |
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mommythree
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| Posted: Sat Feb 28, 2009 4:36 pm Post subject: |
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Rosaline, Yes some states now have a clause or rule that if a minor is injured the money goes into a cd or savings and can not be touched until the child reaches 18.
Moommy3, You may be nervous but eventually you will have to get this done. I am not sure how you can with hold part of the story about it being intentional but you can at least say he slammed on the brakes and took off. The police report will show that he fled the seen and tyou have plent other witnesses to the accident that can validate your claim. Their names and addresses are problay listed on the police report also.
I really hope you daughter gets well soon. Being as young as she is this probaly did have a major effect on her. Just remember beofre settling for any pain and suffering you need to make sure she has completely healed first. |
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fireyone
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| Posted: Sat Feb 28, 2009 4:51 pm Post subject: |
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Mommy, welcome....I'm alittle confused...has the other guys carrier accepted liability for this accident? Has your carrier talked to his carrier...many times when losses such as yours occur it's unproveable and your husband would be found at fault for rearending this nut....what has transpired regarding this? Who is or has paid for the damage to your vehicle? His vehicle? What is his companys stance? What is your companys stance? Has he presented a claims against your policy? What state are you in? Also re: | Quote: | | I was told by my bodily injury adjuster that I should go after his insurance for pain and suffering? |
why would you have a bodily injury adjuster from your company? Only reason I can think of is they are holding your husband negligent .... please explain these things more clearly so we can be of more assistance. Re: your daughters injury and any value etc...it's WAAAAAAAAAAAY too early to even think about settlement much less a number, you have to get her healed first...
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Lori
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| Posted: Sat Feb 28, 2009 6:51 pm Post subject: |
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| Quote: | | I think all that "tcope" meant was that the word "intentional" might make it look like you're pointing fingers. You might come off as an upset mother who is trying to blame the other person for what has happened to her daughter. (Even if, and I'm sure he does, deserve the blame.) |
No Anna I'm sure what he meant was all auto policys specifically exclude any damage that is caused intentionally....(even under the liability coverages)...so if the 'bad guy' were stupid enough to admit he did this on purpose there would be no coverage....it would not be wise for mama to tell his carrier that he caused the damage intentionally for that reason...now to say the guy had road rage whatever that's fine...just shouldn't push the 'intentional' damage part... 
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Lori
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| Posted: Sat Feb 28, 2009 10:18 pm Post subject: |
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| I believe intentional damage would not be mentioned by the person that caused the accident but if there were witnesses what would the poster do then if they put forth that information? People with road rage need to remove themselves from the highways. This is nothing short of stupidity and as we see can really injure and effect a person. My daughter was 12 when she was involved in a wreck and it took her a little while to put it out of her head but it happened eventually. I can feel for the 10 year old. |
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fireyone
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| Posted: Sun Mar 01, 2009 2:59 am Post subject: |
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Tried to keep it short. I'm pretty calm and know how to talk. I'm a teacher so I do have some patience. Here's a bit more info. I'm telling you with some emotion because I can here. What I said to my company was not as vindictive. I told my company that he swerved in front of our van after trying to run them off the road. This is basically what I said. He was parked sideways at a stoplight. He blocked a 3 lanes. My husband waited for 2 stop lights then gestured his hands to him, basically "whats going on". He then blocked our van by pulling right in front. Then rolled his window down. My hubby and brother got out and approached him. Him and his girlfriend were laughing and swearing at my hubby telling him he will be getting his boys while waving his cell in the air. He then motioned to retrieve something from the back seat. Weapon??maybe. My hubby told him he didn't want any trouble because he had our children in the vehicle. He spat at my hubby(missed) when he was walking back to the van. He then turned...illegally(wrong lane) beside my hubby who was also turning. The witness was my family friend(my kids call him papa) who was out to lunch with them before the mishap. He saw them at the light and put two and two together that something wasn't right and followed. He (tow truck) was ahead of the van the whole time and followed and changed lanes when my hubby tried to get away from him. He then pulled in front and slammed his brakes on. He then booked it and drove off. He was arrested and charged 2 weeks later. My other 4 yr old is fine, my nephew is also ok. My hubby is fine, my brother had a seat belt imprint on his neck and sore neck and back, but seems ok. My older daughter got the brunt of it. No one else is putting in any claims but my daughter. No claims were put in from him to our company. Our company has been great and paying for everything. Physio, meds, van repairs etc. They are just waiting for the police report to show the charges against him. It takes a little while to get them. They told us that it sounds open and shut if the charges were laid. We got a report showing his name, address, and insurance company from the police. The BI adjuster said they were asked to come and take a word for word statement in case they pursue something or it goes to court. They have 2 years. Sorry so long but hopefully answers some questions. Again thanks
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| Posted: Sun Mar 01, 2009 3:12 am Post subject: |
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| Wow this was just awful. Makes you wonder what all kinds of people are running around out there. I imagine your anger and can understand it. It should be open and shut especially with the police report. There are experienced experts that will more than likely address some of your post and help you out. It seems you may not need it..these people more than likely fried themselves. |
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fireyone
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| Posted: Sun Mar 01, 2009 12:18 pm Post subject: |
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Oh 'mommy' what a terrible mess...I don't think you mentioned (or i've missed it) your state...it sounds that perhaps you are in a PIP state? that is likely the coverage all the med bills are being paid under (?) and also why there would/could be a 'bi' adjuster from your company? Most PIP states require that an injury reach certain thresholds and some require certain types of injuries be present before you can proceed with a bi claim against the at fault party...
I'm concerned (as I'm sure you are too) what the charges are and against whom...especially that long after the loss...could be outstanding warrants? or failure to report accident maybe? I'm sure hoping that they can and did charge or contribute them to the reason for the accident and then all injuries in the vehicle...I'm just weary that they would confess to this, when there is no physical damage to prove it. But I suppose it's possible too that someone in that vehicle told the truth...While I'm with you and think everyone in that vehicle should be strung up...I'm afraid you may have an uphill battle based on the facts you have provided us....and will be surprised if the jerk at the wheel doesn't say the polar opposite of what happened, (ie your husband was road raging, then rearended them!) I've seen it so many times...any chance your husband or anyone in your vehicle called the police before the impact to report this maniac? That might help...
ok, i'm confused again..re: | Quote: | | He (tow truck)was ahead of the van the whole time and followed and changed lanes when my hubby tried to get away from him |
was the 'at fault-bad guy' driving a tow truck? Oh my gosh, (if so)! Who owns the truck, does the driver or another company?
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Lori
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| Posted: Sun Mar 01, 2009 3:04 pm Post subject: daughter |
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| Yes he was driving a tow truck. We think he owns it. He's only 21 yrs old. He was denying it to the police officer. The officer told us that. He was charged with reckless driving, failure to remain at the scene of the accident(criminal offence), endangerment. Actually we live in Canada. I know your in the states but I couldn't find anything here. I know laws are different but it can't hurt. I looked up my reports and we just said he slammed his brakes on...no intentional word was mentioned. Thanks for that advice. My brother was dialing 911 when they hit...too late. They called just after. |
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mommythree
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| Posted: Mon Mar 02, 2009 1:43 pm Post subject: |
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mommy you're right they laws are different in Canada, but no too awfully far away from ours...I have of course no idea about what tow trucks requirements are in C but here that dude would be in serious trouble (in my area anyway).... The police report does seem in your favor which is terrific...certain you should contact his carrier and file a claim for injuries in your vehicle....please do let us know how this comes out and if there is anything else we can help with....
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Lori
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| Posted: Mon Mar 02, 2009 3:05 pm Post subject: duaughter |
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| Do you think I need a lawyer or if his carrier is being co operative, should I just go through the pain and suffering claim through them if they are being fair? My daughter is home from school again today because she can no longer walk on her leg at all. Going to go for more tests today. |
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mommythree
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