Rear-ended while stopped at red light...

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TazzyTazzy

Pre-takeoff checklist
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Mitch
Yesterday my better half was rear ended (car #2) while stopped at a red light, behind another car (car #1). This was a red light on a freeway on-ramp meter. Other driver (car #3) "was distracted". When there is no red light, the average speed is between 45-50. Other car's airbags deployed, not on our car. Our car was pushed into car #1. Car #3 is def totaled, ours is most likely totaled (front driver door took some effort to open). Rear tires pointing in different directions, muffler and other parts on the ground, front smashed up. Car #1 just needs a new bumper I think.

The car #3 driver has same insurance as our car. Will negotiating a payout for the coverage of our nearly new car along with loss of work payments be harder due to the insurance company being the same? We aren't looking for a big payout, just cover our nearly new car (7 months), loss of wages (he's hourly at about C-152 rental rates - full time employment), and hospital bills.

The other half is ok. He was really dizzy all day, banged and bruised, has neck/back pain. I drove him directly to the hospital from the accident scene. He wasn't able to walk around after the accident due to his balance/dizziness. He didn't get out of the car until I scooped him up and put in the get-away car. He was poked and prodded by various doctors, two rounds of xrays, blood tests, urine test (i think looking for blood?). Today, he's not dizzy, so that's better.

Would you lawyer up or just hope the insurance company treats you well?
 
Never trust an insurance company,lawyer up.
 
Definitely talk to an attorney.

Depending on what state you're in, the insurance company may have an obligation to "treat you well" :rofl: with regard to the property damage claim, but as to the bodily injury claim -- forget it. Their only interest is having a very thin file with a release in it, purchased as cheaply as possible.

You're only 24 hours out from the crash. He may be just fine in a few weeks -- or he might not. Nobody at this point can say for sure. The insurance company will be in touch with you, if they haven't already, to take a recorded statement (for their benefit, not yours) and to try to get you to agree to a nickel-and-dime settlement. All that does is transfer the risk of future medical problems and disabilities from them -- to you.

If you have an attorney, the insurance company will be required to communicate through your attorney; he or she will be a lightning rod for you, so the insurance company will not bug you directly.

The insurance company knows the law ... and they know you don't. It is in their financial interest to keep it that way.
 
The car that caused everything is responsible for your car. As you say you both have the same insurance company, should be no issue, you have no deductible. However, your policy may be charged for the damage to the car in front of you that you hit. The car behind you did not hit the car in front of you. Arguments could be made that you had stopped to close to the car in front of you.

The insurance company may also try to divide the damage to your car between rear damage and charge that drivers policy and front damage and attach that claim to your policy which could result in your deductible getting factored in. Also hits your policy for a rate increase due to a claim.

Car was 7months old, do you have gap insurance for any difference in balance owed on the car and book value?

All of these items may be nice to have a lawyer on your side and have the guy that hit you be charged for your lawyer fees.

With the medical issues, it may have been better to use an ambulance and not self transport. Too late for that now, a follow up in a couple of days with personal doc make a good idea. Delayed evidence of bruising. Again, a good lawyer. Don't pick any ambulance chaser.
 
I wouldn't call a lawyer until the insurance company does something that makes you need a lawyer. Since they cover the guy that hit you and you? They don't want to push you to need a lawyer to come after them.
 
Stewartb said:
I wouldn't call a lawyer until the insurance company does something that makes you need a lawyer. Since they cover the guy that hit you and you? They don't want to push you to need a lawyer to come after them.
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Agreed. If the settlement they present is fair, an attorney is only going to eat in to your chunk of the pie.

Unless they are a contingency lawyer, but they are interested in a home run, not a fair settlement.
 
I prolly wouldn't actually contact a lawyer yet, but I'd sure tell the insurance adjuster that I have.

My daughter got hit on the campus of a major university by a university emp driving a univ truck. We had nothing but trouble with them until I used the "L" word. After that, the settlement talks became rather productive and we were able to get her car fixed, a rental for 12 days, and depr value. As I recall, their insurance carrier was Hartford.
 
Sac Arrow said:
Agreed. If the settlement they present is fair, an attorney is only going to eat in to your chunk of the pie.

Unless they are a contingency lawyer, but they are interested in a home run, not a fair settlement.
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Agree 100%

Cheers
 
Pilawt said:
You're only 24 hours out from the crash. He may be just fine in a few weeks -- or he might not. Nobody at this point can say for sure. The insurance company will be in touch with you, if they haven't already, to take a recorded statement (for their benefit, not yours) and to try to get you to agree to a nickel-and-dime settlement. All that does is transfer the risk of future medical problems and disabilities from them -- to you.
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This confirms kind of what I was thinking...don't settle too fast.

I have a good friend that was in an accident several years ago. He settled pretty fast thinking there was nothing major. About 5-6 months later, he started having problems with his back...his doctors point to the accident. Now, it's pretty severe and is affected his life.
 
Why I always watch my mirrors when stopped at the end of traffic at a red light (on the motorcycle).
 
Vehicle 1 is always the at fault vehicle when competing the collision report
 
steingar said:
Why I always watch my mirrors when stopped at the end of traffic at a red light (on the motorcycle).
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He said he saw the car comming, but he had no time to react. A car coming ~40mph at you doesn't leave much time to do anything..muchless process anything. Even if he had stepped on the gas, turned the wheel to the shoulder, he wouldn't have gotten far.
 
BillTIZ said:
Car was 7months old, do you have gap insurance for any difference in balance owed on the car and book value?
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Yes, we bought gap insurance. We were 50/50 on it, but glad we did now.
 
Theboys said:
If you were to tell me you had a lawyer we would be done talking. Just moved it up another level then.
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I think we may consult a lawyer, but not let insurance company know. Just ask for things to watch out for, guidance, and if needed, we can hire later.
 
TazzyTazzy said:
I think we may consult a lawyer, but not let insurance company know. Just ask for things to watch out for, guidance, and if needed, we can hire later.
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Good plan, in my opinion. The first offer will almost certainly be less than they're willing to pay if push comes to shove, and there are damages you can cite that can bump that up without necessarily having to hire a mouthpiece for full representation.

Of course, a lot also depends on which insurance company you have. If it's a decent company like USAA or Amica, you have less to worry about. If it's someone like Geico, then they'll fight you tooth and nail. Don't ask me how I know.

Rich
 
Don't forget to have the accident victim complain about his persistent headaches and dizziness whenever he talks to the insurance company.
 
Regardless, good luck.

I hope your SO feels better.

These things really suck.

Some of the advice given is rather obviously state dependent.
 
Corpsmaide said:
Vehicle 1 is always the at fault vehicle when competing the collision report
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Not always.... Depends on agency. Industry standard, yes. Seen it all sorts of ways.
 
Based on my recent experience you'll have trouble finding a lawyer unless you are willing to pay his retainer up front. You don't sound like you have much of a chance of a big payday.
 
JimNtexas said:
You don't sound like you have much of a chance of a big payday.
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Not looking for a payday. Just car replacement, hospital/medical, lost wages. Before accepting any settlement, I want a little time for him to fully recover and see if anything pops up.
 
I was rear-ended at a stoplight after flying one day.
 
This is an excellent example of why I refuse to stop at red lights.

**********

Seriously . . . this is the only situation where I feel vulnerable on a bike.
 
MikeS said:
This is an excellent example of why I refuse to stop at red lights.

**********

Seriously . . . this is the only situation where I feel vulnerable on a bike.
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I don't. I just deep it in gear and watch my mirrors. anyone comes in hot behind me and I split lanes to get out of the way. If I'm first in the line of traffic…that's another story. A quick look ahead will reveal if its safe to go. If not, well Murphy does get his due now and again.
 
TazzyTazzy said:
I think we may consult a lawyer, but not let insurance company know. Just ask for things to watch out for, guidance, and if needed, we can hire later.
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That's probably the most prudent thing to do, since you did, after all, hit a car in front of you as a result of the impact. Otherwise, I would not bother.

The closest thing that ever happened to me was about 3 years ago when I was car #1 in your scenario. It was a 35 mph zone and car #3 was going at full speed. The damage to my rear hatch area was considerable but repairable (old Saturn station wagon) and insurance paid for everything.
 
My current situation is damned near identical. Was stopped on the interstate during rush hour and the 18 yo distracted girl coming from behind didn't begin stopping until within arms reach of my rear bumper. Pushed me into the car ahead.

Her insurance company accepted liability and we should get the fair car settlement today. The medical portion is more convoluted. I experienced a minor concussion and back injury to the T section of my back. The brain trauma resulted in over a week of reduced cognitive skills. Moreover, I am still dealing with 24 hour a day headaches. Dr. said to expect 2-4 weeks of this, we are 2.5 weeks in. The back pain is constant and vacillates from significant to nagging. Marital relations have suffered due to both phenomena.

The interview has been complete and authorization to collect medical records for the accident have been submitted.

Prior to contacting counsel I will hear their first offer. Like you, not looking to retire but I won't accept $5k P&S plus medical bills plus loss of pay either.

Best of luck.
 
azure said:
That's probably the most prudent thing to do, since you did, after all, hit a car in front of you as a result of the impact. Otherwise, I would not bother.

The closest thing that ever happened to me was about 3 years ago when I was car #1 in your scenario. It was a 35 mph zone and car #3 was going at full speed. The damage to my rear hatch area was considerable but repairable (old Saturn station wagon) and insurance paid for everything.
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Well, it happened to me too quite a while back. And the way it was explained to me, as the man in the middle is that the car that started everything is financially responsible for ALL damage. Just because your car is taking up time and space, that does not make you responsible provided you were stopped where you were supposed to be stopped, and didn't cause the chain event.

Now, if the car in the middle were moving, and it could be shown that this was contributory then sure, some responsibility attaches. But if you are stationary, and as a result of BEING struck you strike the car in front, the guy who hit you is on the hook for it all. You as the car in the middle were not negligently sitting still(I guess if you were 1.4" from the car in front that could mitigate) when struck.
 
steingar said:
Why I always watch my mirrors when stopped at the end of traffic at a red light (on the motorcycle).
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This was my greatest fear when I used to ride a motocycle. I used to hate sitting at red lights for any length of time.
 
Anthony said:
This was my greatest fear when I used to ride a motocycle. I used to hate sitting at red lights for any length of time.
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I still do, but its a fear that can be mitigated. I was rear-ended once (lady wound up yelling at me until I did my best impersonation of a big bad biker. Worked, too), but not badly. My only real fear is being first in line when the car to my six doesn't stop. If there's traffic in front of me its game over.
 
Earlier this month I was stopped behind two other cars waiting for a pedestrian in a crosswalk. Then just as we started to move again I got rear-ended by a pickup truck belonging to a major automotive parts and repair company. He then got rear-ended by a van belonging to a local tire shop causing me to get hit a second time. I didn't hit anyone in front of me although I was pushed forward about 2-3 car lengths.

And this all happened in front of a cop parked in the next lane with his red-and-blue lights activated. He cited the other two drivers.

I feel fine. My car is still drivable except that the trunk is smashed in. My insurance considers the car totaled. If I accept their offer they will subrogate and pursue the other two insurance carriers for 50% each to recover their money and my deductible. And I am talking to an attorney.
 
TazzyTazzy said:
?..... I drove him directly to the hospital from the accident scene. He wasn't able to walk around after the accident due to his balance/dizziness. He didn't get out of the car until I scooped him up and put in the get-away car.....
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He couldn't get out out of the car, had balance, dizziness and NECK & BACK pain, and you just picked him up and put him in the seat of your other car and drove him :rolleyes2:

You're lucky you didn't make it worse, this probably would have been a time to call a ambulance and take some spinal etc precautions.
 
Neal Howard said:
Lawyer up.
PS: My neck hurts, call me an ambulance.
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Unless you're positive you are fine, take the ride to the hospital. And for me, if I can drive away, I am probably okay. I had an accident in which I pretty much broadsided a car headed west on a north bound highway. I just hitched a ride home but spent the next two weeks in intense pain. It took 2 months to find the three broken ribs. Ipromised myself next time, I'm taking the ambulance.
The other car glanced off a bridge overpass and shot let across the road. The four of them, including the uninsured driver went off to the hospital. His lawyer called me two days later "looking for the facts". I answered he was headed west on the northbound highway. If you need anything more, call my insurance company.
 
My wife was rear-ended about 2 years ago and felt sore after the accident, but it took nearly 2 years to fully go away. I think we sent our insurance company about 700 pages of medical records. We spoke with a lawyer but opted to try settling it ourselves. We went back and forth a few times and came to an agreement.

I think we could have gotten more with a lawyer... but not enough more to cover his 1/3. The car damage of course was paid to us very quickly.
 
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