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 Posted: Wed Sep 02, 2009 3:21 am Post subject: First Car accident, the other party at fault, suggestions? |
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Hello, I know there are many professionals in this forum, I may need your suggestions and some legal advice:
I was involved in a car accident last week.
The guy ran a STOP sign(His car was very fast) and hit my few months old Mazda at the intersection. My car ended up in several feet away into the oncoming traffic lane.
I was lucky because I noticed this car and took my brake before the crash and ended with his car hit my front-right. Otherwise, this guy would hit me at passenger side where my wife seated.
Well, we are not luck because we all got hurt in the accident. I am still suffering from my knee right now.
I am very angry because after the guy hit me to the on-coming traffic lane, he was still driving fast away from the scene. I had to get out of my car and run after his car on my feet.
Finally he stopped, almost one block away.
The police officer confirmed that the guy ran STOP sign and issued him a ticket for that.
The questions:
1. My insurance is active in assistant me with the car repair using my collision coverage.Now the preliminary estimate is almost 10,000. The other guy's insurance (USAA)haven't decided the lliability yet. If later they decide my car is totalled, do I have to agree with them about this or could I just deal with my own insurance?
2. As to the injury. My knee had an injury in 1995 for meniscus. After then I have been alright. No one can tell I ever had a surgery before. Now, since the accident I can barely walk well. When I walk, everyone can tell I am limb.After 5,10 minutes walk it will so painful for me. I use to walk my son home from his school when my wife out for college(3 miles walking). Now, No way. I get to ask around for help. Even worse, there might be a surgery later after I see specialist. I cann't imagine if I lie on the bed for one or two month. I am the only one to support my family. My boss might fire me someday becasue my absent. The USAA might find some excuse that I had surgery 15 years ago.
I am overwhelmed.
Please give me some suggetions to follow.[/b] |
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IamDriver
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Joined: 02 Sep 2009
Posts: 12
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| Posted: Wed Sep 02, 2009 11:59 am Post subject: |
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| Quote: | The questions:
1. My insurance is active in assistant me with the car repair using my collision coverage.Now the preliminary estimate is almost 10,000. The other guy's insurance (USAA)haven't decided the lliability yet. If later they decide my car is totalled, do I have to agree with them about this or could I just deal with my own insurance? |
You can (and I would in the interest of speed/getting your vehicle repaired and back on the road. Your carrier does not need to determine liability to repair your vehicle, the other carrier does have to complete this process BEFORE agreeing to do anything to your vehicle if at all)..let your carrier handle it under your collision coverage, your carrier will then subrogate the at fault carrier for their payment as well as your deductible..
| Quote: | | 2. As to the injury. My knee had an injury in 1995 for meniscus. After then I have been alright. No one can tell I ever had a surgery before. |
Except the other carrier will probably know this...thru an indexing system we use, or they will most certainaly ask you about prior injuries...and/or the doc reports will show it so be sure you tell the truth when this is asked...  | Quote: | | Now, since the accident I can barely walk well. When I walk, everyone can tell I am limb.After 5,10 minutes walk it will so painful for me. I use to walk my son home from his school when my wife out for college(3 miles walking). Now, No way. I get to ask around for help. Even worse, there might be a surgery later after I see specialist. I cann't imagine if I lie on the bed for one or two month. |
The accident has aggravated a pre-existing injury..got it... | Quote: | | I am the only one to support my family. My boss might fire me someday becasue my absent. |
How could he? If you have to be out for surgery be sure and file for FMLA, they can't fire you then... | Quote: | | The USAA might find some excuse that I had surgery 15 years ago. |
It's not an excuse you did have a pre-existing injury...They will determine (thru medical reports) if this prior injury had fully resolve or not.
I'm sure you are and I'm sorry...take a deep breath, let your carrier fix your car...then subro the other carrier...You'll need to wait on the liability determination to find out if you have an injury claim to present...and you in no way are ready to settle that anyway...
| Quote: | | Please give me some suggetions to follow. |
Discuss it with your adjuster, your injury settlement depends on the laws of your state (no fault? pure comparative? etc)....
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Joined: 10 Sep 2007
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Location: Missouri
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| Posted: Wed Sep 02, 2009 2:35 pm Post subject: |
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Thanks for your response.
I did told the other party that I had a surgery 15 years ago. I don't want to hide anything.
(I deleted part of your question that is being addressed in another thread-property damage-lori)
Thanks. |
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IamDriver
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Joined: 02 Sep 2009
Posts: 12
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| Posted: Wed Sep 02, 2009 6:51 pm Post subject: |
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What's up with thanking Lori for her response then asking the same question she just answered over again?
The very first part of your question that she answered was about dealing with your company instead of the other driver's.
Really.
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