OT: Car Insurance, Rear-End Settlements, NY

[Sparda29]

So yeah, yesterday I was in a car accident. I was car #5 in a chain of 6 cars involved in an accident.

Car #1 slowed down because some unknown reason.
Car #2 slowed down to avoid hitting car #1.
Car #3 rear ended Car #2.
Car #4 hit the brakes when he saw the accident ahead of him and bumped Car #3.
Car #5 (Me) hit the brakes in response to Car #4 and stopped 5 feet short of Car #4.

5-10 seconds later, Car #6 slammed into my car going 60-70 mph. My Car got pushed into the car in front of me, etc.

Anyone have any non-medical advice pre-police report? (NYC takes like 2 days for police reports.) My neck, shoulders, and abdominal section feel funny. I went to the hospital right after but I only felt knee pain at the time.

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[pharmasaur]

If someone hits you from behind 99% of the time its their fault because they are supposed to give proper space. For this reason car 3,4 and 6 are all at fault because they didn't give enough space and caused the hits.

Call your insurance company and explain what happened in as much detail as possible including mph of everyone. Draw a picture of what happened so you don't forget and maybe can use as evidence later if need be. Also, a picture is worth a thousand words...hopefully you took a bunch. Your insurance will want those.

 

[crazybob]

NYC takes like 2 days for police reports.

Only 2 days?

 

[Sparda29]

If someone hits you from behind 99% of the time its their fault because they are supposed to give proper space. For this reason car 3,4 and 6 are all at fault because they didn't give enough space and caused the hits.

Call your insurance company and explain what happened in as much detail as possible including mph of everyone. Draw a picture of what happened so you don't forget and maybe can use as evidence later if need be. Also, a picture is worth a thousand words...hopefully you took a bunch. Your insurance will want those.

I don't know if weather conditions are taken into affect but it was raining and it was dark.

 

[pharmasaur]

I don't know if weather conditions are taken into affect but it was raining and it was dark.

It doesn't matter, if you get hit from the back it's the other person's fault because they are supposed to give enough space. So the whole "sudden stopping thing" doesn't fly with insurance companies/cops because if you provided enough space, then you would still be able to brake if someone stopped suddenly in front of you.

 

[rxlea]

Sounds like a cluster****. Who got the citation?

 

[Sparda29]

Sounds like a cluster****. Who got the citation?

No one I think. The tow trucks and ambulances and firefighters were the first ones there. I got on the ambulance and went to the hospital before the cops got there. I'm pretty upset about my jeans though. I was able to physically get onto the ambulance without any help, yet the EMT decided "instead of asking the guy to roll up his jeans or pull them down, let's just cut up the jeans". And there's your lesson, don't buy $300 jeans. And I'm pretty upset about my car, so many memories with that car. It's totaled.

 

[spacecowgirl]

And there's your lesson, don't buy $300 jeans.

But seriously, sorry about your accident and your car. Hope you are ok. I'd probably go to the doctor ASAP if I were having any pain anywhere just to have that documented.

 

[NaOH]

And I'm pretty upset about my car, so many memories with that car. It's totaled.

Sorry to hear it. On the other hand, I guess you can upgrade to an Audi now.

 

[Pojman]

Call the cheesiest injury lawyer in your area. The kind of lawyer that has advertisements all over the benches/billboards throughout the city. If it were me, I would go with the one that has the most advertisements because that shows that he/she has the largest amount of financial resources.

Those guys will make your dreams come true. This is a good thing. It is like winning the lottery! I keep hoping that something like this will happen to me, but it never does. Congratulations!

Sorry about your pain... But think of the bright side - you could easily get a settlement that will include a lifetime of free massage therapy! While your there, don't forget to get your feet soaked in mediterranean sea salt! Oh and... Get those cucumber things put on your eyes, I don't know what they do, but it sure does look luxurious.

 

[npage148]

I have a hard time believing you were hit at 60+mph

 

[rxlea]

I have a hard time believing you were hit at 60+mph

Well it is New York....

 

[Sparda29]

Call the cheesiest injury lawyer in your area. The kind of lawyer that has advertisements all over the benches/billboards throughout the city. If it were me, I would go with the one that has the most advertisements because that shows that he/she has the largest amount of financial resources.

Those guys will make your dreams come true. This is a good thing. It is like winning the lottery! I keep hoping that something like this will happen to me, but it never does. Congratulations!

Sorry about your pain... But think of the bright side - you could easily get a settlement that will include a lifetime of free massage therapy! While your there, don't forget to get your feet soaked in mediterranean sea salt! Oh and... Get those cucumber things put on your eyes, I don't know what they do, but it sure does look luxurious.

My parents don't feel the same way you do about this. They still think I have a chance to get royally ****ed by this because I am either listed as a minimal driver or not listed as a driver on the car's policy at all. What I'm trying to tell them is that it doesn't matter if I'm not on the policy because I'm not at fault here.

My parents are saying if I say that I'm gonna sue the other guy's insurance, that guy's insurance could turn around and say "hey, he's not on his mom's insurance policy, so we don't have to pay, and he has a history of speeding tickets so we don't have to do anything for him." I'm trying to say that nothing about me matters in this case because the fault belongs to Car #1, Car #3, Car #4, and Car #6.

Cars #2 (The BMW) and #5 (Me in the Volkswagen) were able to brake hard enough to avoid hitting the car in front of them. I'm pretty sure that in my case, the super performance tires that I paid a total of $800 for, definitely helped add stopping power. I'll upload pics of the accident soon.

It's like winning the lottery if the circumstances are right and you survived. Hell, the fact that I survived and got out with minimal injuries (so far) is like winning the lottery.

I should probably sell the pictures of the accident to Volkswagen to be used as an safety advertisement.

I have a hard time believing you were hit at 60+mph

Maybe it was 40 mph-50 mph. I know I was going around 70 mph when I hit the brakes. After I stopped, the first car that was behind me swerved to the right to avoid the cluster. Second car didn't see everyone stopped and probably hit the brakes, activated ABS, had no idea what to do when the ABS started shaking, and hit me going like 40-55 mph.

I just know that the whole thing was ****ing loud.

 

[Pojman]

My parents don't feel the same way you do about this. They still think I have a chance to get royally ****ed by this because I am either listed as a minimal driver or not listed as a driver on the car's policy at all. What I'm trying to tell them is that it doesn't matter if I'm not on the policy because I'm not at fault here.

My parents are saying if I say that I'm gonna sue the other guy's insurance, that guy's insurance could turn around and say "hey, he's not on his mom's insurance policy, so we don't have to pay, and he has a history of speeding tickets so we don't have to do anything for him." I'm trying to say that nothing about me matters in this case because the fault belongs to Car #1, Car #3, Car #4, and Car #6.

Cars #2 (The BMW) and #5 (Me in the Volkswagen) were able to brake hard enough to avoid hitting the car in front of them. I'm pretty sure that in my case, the super performance tires that I paid a total of $800 for, definitely helped add stopping power. I'll upload pics of the accident soon.

It's like winning the lottery if the circumstances are right and you survived. Hell, the fact that I survived and got out with minimal injuries (so far) is like winning the lottery.

I am no insurance/law buff, but I believe that your personal insurance policy should cover you in other peoples cars. Either way, the quicker you get a lawyer working on this accident the better.

Usually, most of these lawyers won't even charge you anything until after they get a settlement.

"One call, that's all!" is the lotto lawyers motto around my town. Pick up the phone and give them a call! Make sure that you do not downplay your injury, and do not leave anything out. Pictures of the immediate injury and the vehicle also help. Take any pictures of bruises, cuts, etc.

 

[Sparda29]

Front of the car stuck underneath the van after getting hit from behind.

Remains of engine after moving the van away.

Back of car.

 

[sde780]

First of all, I'm glad you only sustained minor injuries.

As for the insurance, you'll have to take a look at the police report and see what they noted. 99% of the time, the other party is at fault if you're rear-ended. HOWEVER, you must give the claim rep a very clear picture of what happened, make sure you have it prepared before you speak with them.

If they are at fault, their insurance will pay for any hospital bills/reimburse you for injuries and cut you a check for your car's estimated value. Good luck.

 

[pezdispenser]

damn, glad you're ok because SDN just wouldn't be the same without you.

You may also be able to claim for lost wages, if your state allows it.

 

[Sparda29]

First of all, I'm glad you only sustained minor injuries.

As for the insurance, you'll have to take a look at the police report and see what they noted. 99% of the time, the other party is at fault if you're rear-ended. HOWEVER, you must give the claim rep a very clear picture of what happened, make sure you have it prepared before you speak with them.

If they are at fault, their insurance will pay for any hospital bills/reimburse you for injuries and cut you a check for your car's estimated value. Good luck.

Got the police report. Official report is exactly like how I described it.

Car #2 slowed down because Car #1 was stopped on the road. Car #3 rear ended Car #2. Then after Cars #4 and 5 (Van in front of me and me) stopped, Car #6 hit Car #5 (me) causing me to hit Car#4, causing #4 to hit #3, causing #3 to hit #2.

damn, glad you're ok because SDN just wouldn't be the same without you.

You may also be able to claim for lost wages, if your state allows it.

LOL! Haven't started my on the books job yet. In fact, I just got my welcome aboard e-mail from the DOP earlier this afternoon.

In before Mike makes a comment about how American cars wouldn't have crumpled up like that.

 

[297point1]

Glad to read that you are okay.

You dodged a bullet here; consider your $300 jeans collateral damage...it is nothing compared to what could have been.

 

[Sparda29]

The person who hit me's insurance is saying that they can't get me a rental car until after they determine liability and whatnot and that it can take a few days.

Should I go through my insurance for the rental car or wait it out for them to complete their "investigation"? IMO, this is a ****ing slam dunk case for me.

 

[rxlea]

The person who hit me's insurance is saying that they can't get me a rental car until after they determine liability and whatnot and that it can take a few days.

Should I go through my insurance for the rental car or wait it out for them to complete their "investigation"? IMO, this is a ****ing slam dunk case for me.

Your insurance should provide a rental car.

Depending on your plan, it could be free for a certain number of days.

 

[All4MyDaughter]

Your insurance should provide a rental car.

Depending on your plan, it could be free for a certain number of days.

Yes, you go through your insurance and let them worry about settling with the other company. Sparda, I hope you've at least notified your insurance company...

 

[Sparda29]

Yes, you go through your insurance and let them worry about settling with the other company. Sparda, I hope you've at least notified your insurance company...

Yeah, notified them but I only want to use them for medical issues. I want the liable party to deal with car issues.

 

[All4MyDaughter]

Yeah, notified them but I only want to use them for medical issues. I want the liable party to deal with car issues.

Don't worry. Your insurance will recover their loss from the liable party. Including your medical costs. Just let them handle it.

 

[Sparda29]

Don't worry. Your insurance will recover their loss from the liable party. Including your medical costs. Just let them handle it.

This is the issue I have with my insurance. I am not listed as a driver on the Volkswagen, however I am listed as a driver on my mom's Honda, which is the same insurance company.

 

[All4MyDaughter]

This is the issue I have with my insurance. I am not listed as a driver on the Volkswagen, however I am listed as a driver on my mom's Honda, which is the same insurance company.

So? You are using them for one part of the loss, right? The injuries? I don't see what you are getting at.

 

[KARM12]

Sparda almost dies in a car accident and his biggest concern is that his $300 jeans got ruined.

All kidding aside, I am happy to hear you are okay. Can't help you with the insurance question..

 

[Sparda29]

So? You are using them for one part of the loss, right? The injuries? I don't see what you are getting at.

I actually HAVE to use them for the injuries. New York is a no-fault state so that means that before fault is established your own insurance company must pay for your injuries so that you don't have to wait for the other insurance company.

Now the other insurance company says that they want to do an investigation into the accident. Pretty much they wanna find out if I hit the car in front of me before I got rear ended. Police report states that me and the car in front of me were stopped and waiting for traffic to clear when I got rear ended, thus causing me to hit the car in front of me. Just faxed the police report to both insurances so hopefully this thing goes fast now.

Lawyers are telling me not to make any recorded statements because they can be used by the opposing insurance company in court to minimize the settlement. Instead they want all the evidence to be my medical reports and medical bills. So like 6 months-1 year of medical treatment for neck, back, shoulder, and knee pain could add up to a pretty hefty settlement.

 

[Sparda29]

So they accepted liability, but they aren't giving me a comparable car to mines. They claim that according to NYS law, they only have to provide "basic economic transportation". Giving me a Toyota Corolla that only had like 140 hp versus my Volkswagen which was a 270 hp beast.

Also, my laptop, ASUS tablet, paintball gun, and all my pharmacy reference books were damaged since they were all in the trunk.

 

[Aznfarmerboi]

NY is a no fault state. Spardas insurance pays for everything below $10,000.

my advice is to count your blessing. You are allowed up to 30 days to sue your insurance for any medical problems and fees. However, dont expect much except a lot of paperwork.

 

[Sparda29]

NY is a no fault state. Spardas insurance pays for everything below $10,000.

my advice is to count your blessing. You are allowed up to 30 days to sue your insurance for any medical problems and fees. However, dont expect much except a lot of paperwork.

Incorrect.

No-fault does not mean that nobody is at fault in an accident.

No-fault means that, if you sustain injuries in a car accident, your own insurance is required to cover you for medical expenses as a result of the crash, whether or not the accident was your fault or not.

For property damages and car damages, missed work, "pain and suffering", you go after the responsible party's insurance.

 

[rxlea]

At least you're alive and financially able to replace your 300 dollar jeans.

 

[joetrisman]

What kind of man buys $300 jeans

 

[Shnurek]

What kind of man buys $300 jeans

 

[Sparda29]

What kind of man buys $300 jeans

http://articles.nydailynews.com/2010-09-29/entertainment/27076777_1_denim-jeans-white-shoes

Denim connoisseurs have rules about washing their jeans. Too much washing and the color fades. Too little washing and the denim bags.

Lovers of raw denim have another strategy -- don't wash them at all.

Think of raw denim, also known as selvedge, as a blank, blue canvas. It's stiff, dark and free of all factory washes and designs.

As the buyer wears them (and wears them) the indigo fades in places unique to the person - such as behind the knees, where the wallet is kept and where the cuffs are folded.

Soon the buyer has a pair of jeans that are significantly softer and yes, grimier. But completely unique to the wearer.

"Selvage denim is one of the only fabrics available that really evolves and changes," Eric Goldstein, founder of Jean Shop told AOL News. "It's not like wearing a pair of wool pants or a pair of nylon pants or chinos -- the indigo denim really changes with your body as you wear it."

A pair of stiff, dark blue Dickies jeans cost $20 at Walmart. A pair of Levi's will set you back about $69, depending on sale prices. Prices skyrocket to $150 and up for pairs from G-Star, Diesel and APC.

There are blogs and online videos devoted to raw denim, from care to caveats.

Swedish designer Darryl de Necker has been blogging for Dr. Denim Jeans about his love for raw denim and has been photographing the month-to-month metamorphosis of his practically unwashed jeans.

In addition to lovingly photographing his jeans, offers expert advice to raw denim newbies.

Wearing a new pair of raw denim jeans? Watch out when you sit on white couches or wear white shoes, warns de Necker. The super dark indigo can also stain your underwear.

Breaking in a pair of raw denim jeans isn't for the casual wearer; it's a commitment.

"It takes a lot of dedication, a lot of time," Goldstein said told AOL News. "If you wear these jeans every day, it could take a couple months to wear them in. If you wear your jeans only two or three times a week to dinner, it could take years -- and not everyone wants to deal with that."

 

[Momus]

idk dude... I would not want to wear the same jean without washing it for months... think about your skin turnover getting stuck in the jean for months on end... just eeeew...

 

[Sparda29]

idk dude... I would not want to wear the same jean without washing it for months... think about your skin turnover getting stuck in the jean for months on end... just eeeew...

I hand wash the jeans in a tub of hot water + laundry detergent. Doesn't damage the jeans like how the washing machine does.

 

[All4MyDaughter]

Incorrect.

No-fault does not mean that nobody is at fault in an accident.

No-fault means that, if you sustain injuries in a car accident, your own insurance is required to cover you for medical expenses as a result of the crash, whether or not the accident was your fault or not.

For property damages and car damages, missed work, "pain and suffering", you go after the responsible party's insurance.

I'm not sure your understanding of no-fault is correct. I also live in a no-fault state. Where are you getting your information?

 

[Sparda29]

I'm not sure your understanding of no-fault is correct. I also live in a no-fault state. Where are you getting your information?

That's what I was told by my no-fault claim insurance agent.

If the accident is someone else's fault, you file the medical no-fault claim with your own insurance so you can start treatment ASAP. As for the other stuff, it doesn't really matter who you file it with. If you file it with your company and it's not your fault, your insurance company will go after the other insurance company. If you file it with their insurance company, that's it, they'll investigate it, find out that they are liable and send you the checks.

 

[Sparda29]

Just got off the phone with the other person's insurance. They only have $10,000 as their property damage coverage.

This is gonna be a nasty lawsuit now.

 

[Pojman]

idk dude... I would not want to wear the same jean without washing it for months... think about your skin turnover getting stuck in the jean for months on end... just eeeew...

I have a typical rule for pants. I have a three day wear policy with pants as long as there are not visible spots, stains, or otherwise adverse issue.

Shirts on the other hand have a one day policy.

On a good day, whites also have a one day policy. I will not go into explaining a good day/bad day scenario regarding whites though....

Socks have a general one day policy, unless I run out in which case I might go two days.

Towels have a 5 day policy.

Anyways... I have no idea why I just explained my laundry methods on this thread.. I guess it just happened. Adult ADD at its best.

 

[Sparda29]

I have a typical rule for pants. I have a three day wear policy with pants as long as there are not visible spots, stains, or otherwise adverse issue.

Shirts on the other hand have a one day policy.

On a good day, whites also have a one day policy. I will not go into explaining a good day/bad day scenario regarding whites though....

Socks have a general one day policy, unless I run out in which case I might go two days.

Towels have a 5 day policy.

Anyways... I have no idea why I just explained my laundry methods on this thread.. I guess it just happened. Adult ADD at its best.

What about shirts when you're wearing an under-shirt?

Socks, I'm very strict on. If I ever take off a pair of socks while I'm wearing them during the day, I will put on a fresh pair. There's something about socks where they have to be skin tight, otherwise it doesn't feel right wearing them.

 

[Pojman]

What about shirts when you're wearing an under-shirt?

Socks, I'm very strict on. If I ever take off a pair of socks while I'm wearing them during the day, I will put on a fresh pair. There's something about socks where they have to be skin tight, otherwise it doesn't feel right wearing them.

Yea, when wearing an undershirt I will sometimes wear a shirt for two days. But, two days is my max on shirts in general even if they appear clean.

Anyway - did you take my advice on hiring one of those ambulance chaser lawyers? They will usually work for free until a settlement is reached. Do you have a lawyer at all working on this?

 

[Sparda29]

Yea, when wearing an undershirt I will sometimes wear a shirt for two days. But, two days is my max on shirts in general even if they appear clean.

Anyway - did you take my advice on hiring one of those ambulance chaser lawyers? They will usually work for free until a settlement is reached. Do you have a lawyer at all working on this?

Yeah, lawyer is hired but I didn't hire one of those cheesy guys who is on TV/radio/advertised all the time. Local lawyer, did a name search on him and found out that either his grandfather or his father were major figures in the New York Mafia back in the 40s-60s.

 

[pezdispenser]

Just got off the phone with the other person's insurance. They only have $10,000 as their property damage coverage.

This is gonna be a nasty lawsuit now.

Damn that sucks. So do you have to sue for the remainder?

I don't get why people only hold the minimum coverage, especially since $10k for property damage will only cover a minor fender bender. When I was getting quotes, I found the difference between $50k and $100k was only about $3 for a six month policy!

 

[All4MyDaughter]

Just got off the phone with the other person's insurance. They only have $10,000 as their property damage coverage.

This is gonna be a nasty lawsuit now.

Don't you have under-insured motorist coverage?

Damn that sucks. So do you have to sue for the remainder?

I don't get why people only hold the minimum coverage, especially since $10k for property damage will only cover a minor fender bender. When I was getting quotes, I found the difference between $50k and $100k was only about $3 for a six month policy!

I have under-insured motorist coverage (and uninsured coverage too) that would pay my damages in a situation like this. Then it would be up to my insurance company to sue the other company to recover their costs.

The problem with trying to sue the other driver is that 1) Sparda will have to pay his attorney 30 to 40% of what he recovers (if anything) and 2) the other driver may be uncollectable (if they can't pay or if they declare bankruptcy).

 

[Momus]

I don't get why people only hold the minimum coverage, especially since $10k for property damage will only cover a minor fender bender. When I was getting quotes, I found the difference between $50k and $100k was only about $3 for a six month policy!

New York 25k/50k/10k for BIL/BIL/PDL.

People are dumb. You buy insurance when you know you can't pay out of pocket if **** happens. That person buys the minimum insurance for NY state, which is dumb especially if you have a lot of assets

Minimum in California:
California 15k/30k/5k BIL/BIL/PDL

Do I take the minimum in CA? Hell no, no one is touching my pocket if accident happens. You have to protect your asset sufficiently.

My liability insurance covers damage:
Bodily Injury Liability $100k/person $300k/occurrence
Property Damage Liability $100k
I am planning to increase this next year because I grow out of this coverage and it's no longer sufficient to protect my assets.

 

[SHC1984]

So yeah, yesterday I was in a car accident. I was car #5 in a chain of 6 cars involved in an accident.

Car #1 slowed down because some unknown reason.
Car #2 slowed down to avoid hitting car #1.
Car #3 rear ended Car #2.
Car #4 hit the brakes when he saw the accident ahead of him and bumped Car #3.
Car #5 (Me) hit the brakes in response to Car #4 and stopped 5 feet short of Car #4.

5-10 seconds later, Car #6 slammed into my car going 60-70 mph. My Car got pushed into the car in front of me, etc.

Anyone have any non-medical advice pre-police report? (NYC takes like 2 days for police reports.) My neck, shoulders, and abdominal section feel funny. I went to the hospital right after but I only felt knee pain at the time.

My last car accident was in stop and go traffic! I hate it!

Car #1: STOP due to traffic ahead
Car #2: hit car number one in the rear b/c she wasn't paying attention (ME )
Car #3: hit me in the rear 10 seconds after I hit car number one.

Werid thing was car #1 drove OFF after I slammed into him!!! He just drove off!!!!

So it's only me and car number 3 (the guy that hit me in the rear).

I told the cops that car number 3 HIT ME HARD in the rear and caused my car to hit car number one!!!!! I told the cops I didn't hit anyone...car number 3 slammed into me and pushed my car forward and cause me to hit car number one which drove off for NO reason!

Cops believe me 100%. Gave car number 3 the ticket and their insurance bought me a new Volvo.

Works for me. I miss my Lexus though.

 

[SHC1984]

I was glad it worked out...

especially since the front of my lexus was completely messed up and smashed in...but my rear? Just a dent.

 

[cycloketocaine]

My last car accident was in stop and go traffic! I hate it!

Car #1: STOP due to traffic ahead
Car #2: hit car number one in the rear b/c she wasn't paying attention (ME )
Car #3: hit me in the rear 10 seconds after I hit car number one.

Werid thing was car #1 drove OFF after I slammed into him!!! He just drove off!!!!

So it's only me and car number 3 (the guy that hit me in the rear).

I told the cops that car number 3 HIT ME HARD in the rear and caused my car to hit car number one!!!!! I told the cops I didn't hit anyone...car number 3 slammed into me and pushed my car forward and cause me to hit car number one which drove off for NO reason!

Cops believe me 100%. Gave car number 3 the ticket and their insurance bought me a new Volvo.

Works for me. I miss my Lexus though.

So you not only lied to the cops, but you committed insurance fraud? Epic. That's gotta be worth a whole round for everyone.