by mommythree » Fri Feb 27, 2009 08:38 pm
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?
Posted: Sun Mar 01, 2009 03:29 am Post Subject:
Posted: Sun Mar 01, 2009 12:18 pm Post Subject:
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:
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?Posted: Sun Mar 01, 2009 03:04 pm Post Subject: daughter
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.
Posted: Mon Mar 02, 2009 01:43 pm Post Subject:
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).... :wink: 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....
Posted: Mon Mar 02, 2009 03:05 pm Post Subject: duaughter
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.
Posted: Mon Mar 02, 2009 03:31 pm Post Subject:
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?
Assuming this part of Canada is like the states, I'd try to handle it myself before I gave ANYONE some of my girls money...you can always hire one later right?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.
That girl definately needs more testing....my prayers are with your family and baby girl(mine is 30 but she's still my baby girl :wink: )...let us know what you find out...Posted: Tue Mar 03, 2009 01:35 am Post Subject:
Lori is right. I have been down the attyroad and I sure wish I could have done things differently but it was the first time I was ever injured and had no idea what I was doing. I just kept hearing people say "you can't handle this yourself". I would keep as many records as you can and then see if the other insurance company was being resonable. I am sure you are quite a long ways from the settlement process anyway since the injuries are still causing problems. Good luck and I hope you all feel well soon.
Posted: Tue Mar 03, 2009 04:32 pm Post Subject:
Thank-you for your get well blessings and hasty reply's. She is off school for 2 weeks now for further tests. I feel sick physically from this. I have 2 other younger children to deal with and am felling very overwhelmed. Too many appointments and phone calling. Tough to find the time while juggling normal life. I hurts to see her now in crutches. I want him to pay for what he has done to her. Motherly instinct is kicking in full gear now. She is soooo precious! How can I get more from his company not just pain and suffering. Like I said he's going to pay!!!
Posted: Tue Mar 03, 2009 07:19 pm Post Subject:
I feel sick physically from this. I have 2 other younger children to deal with and am felling very overwhelmed. Too many appointments and phone calling. Tough to find the time while juggling normal life. I hurts to see her now in crutches.
As a long time mama I know your pain...remember though....in doing what is best for our babies, NOT letting them see us too upset, or making too big a deal out of it to them that is, (IMO)is the best for the kid in the long run...for her sake, i think you should adopt the attitude of, 'yeah, honey this sucks, and it really pisses me off, but you know what, life sucks, and is rarely ever fair...i just want you to know that you WILL be fine, you WILL get over this, and you WILL not allow this to affect the rest of your life'' i know it's hard been there and have the tee-shirts...and you can cry, scream and puke all you want out of their ear shot...believe me how 'we' as parents react is WAY more important, and leaves a much bigger mark than what anyone else could ever do...(sorry just felt you needed a 'mama pep talk' hope you don't mind)I want him to pay for what he has done to her. Motherly instinct is kicking in full gear now
Damn straight and I would feel the same way...I've been compared many times to a mother grizzly...ain't no body messes with my babies (even though they are now 30 and 27!)She is soooo precious! How can I get more from his company not just pain and suffering. Like I said he's going to pay!!!
Well there is no more than pain and suffering you can get...that is what her settlement will be paid under....frankly anyone in that car should file a claim (IMO)...Posted: Tue Mar 03, 2009 09:23 pm Post Subject:
Thanks..needed to vent I think. We're off to the hospital, can't wait for appointments there taking to long to book Dr. wants us to go now.. I know I'm strong....she doesn't know how I'm feeling. I'm known the same way. Don't ever mess with my kids or you'll get the likes of me. Thanks for the input. I'll keep you updated.
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