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Old 09-16-2003, 12:56 PM   #1
Thursday
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Default Okay.. yesterday was a bad day (car accident), now I need some advice.

Just to let you guys know, this might be written poorly, but I have my reasons for it..

Yesterday, my friend was driving me home and we got in a car accident.

It was confirmed that it was the other person's fault, and honestly I'm still trying to remember what happened. I think it was something like she pulled out when he had the right of way, and we crashed into her or something.

Regardless, she was fine, and so is my friend. But I wasn't.. being I didn't anticipate the crash and all. So when we crashed I got hit in the face really hard, and it was covered in blood. I recall my friend asking me over and over if I was okay, and he was really worrying. Then I remember him getting out of the car and flipping out on that lady, and I opened the door and slipped out of the car. My face was covered in blood, and I then pulled out my phone to call a friend and tell her that I couldn't do her a favor that I promised her earlier that day, and she was crying because I told her I was in an accident, then I said "I gotta go bye" to her when I saw the ambulance come up, and then they started asking me all these questions. I just recall being in a real daze when this happened, and at some point waking up in the hospital with my parents by my side.

And I remember the EMT's saying I had a concussion and burns on my face. So after several hours I came home with my family, and met my friend and his mom, and they were relieved that I got out of the hospital. Right now I'm in a lot of pain, my whole upper body is beaten up, my face has burns on it (one cheek, nose, and chin), and I have a terrible headache and I am having a hard time concentrating.

Now I totally realize this could've been a lot worse, and I'm lucky that I didn't lose any limbs, or get paralyzed or anything. But to be honest.. I'm still shaken up.

Reading over the post I realize this is written badly, but I'm just trying to remember everything as I type. The doctors said I had some amnesia or something too, so now my uncle told me I should sue her.

In my family, we think everyone is too sue happy around here.. so I don't know what I should do. You think I should consider this? Do I have the right to? Or should I just drop it and move on with life.

It's funny how this always seems to happen to other people, but it's also true that we're other people.. to other people.

So what do you think I should do? I still am having a hard time believing this happened. And I need to go get new glasses now, so hopefully when I'm back I'll have some replies to read.
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Old 09-16-2003, 12:59 PM   #2
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No joke... my friend got like $1000 per stitch to his face. That's not sue happy when you have facial burns. Your not asking for a million dollars here.. but they will owe you something.

I'd start looking at new STi's.
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Old 09-16-2003, 01:01 PM   #3
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Sucks to hear about it man. Get well soon.
I would wait and see how her insurance company wants to compensate you. If they give you a hard time about anything sue for all shes got.




And I'll be the first to ask...was she hot?


Edit: Also I noticed your name "Thursday". Is this in reference to the band? If so, Im in Jersey too. We should go to a show sometime and get a Suby Emo Rawk Show Meet going.
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Old 09-16-2003, 01:03 PM   #4
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I'd sue. Their action caused you pain... how is it not justified to sue? I agree people are sue happy, but this isn't someone bumped into you in the grocery store.. this is a car accident with serious injuries.
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Old 09-16-2003, 01:07 PM   #5
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Just file a claim through her insurance company without a lawyer.

An insurance company will offer the same amount to you regardless if you have a lawyer or not. If you get a lawyer, they get 33% of what the insurance company offers you and you just end up with less.

If you sue, the insurance company takes over and handles the suit for her (same with what your insurance company would do for you).

The insurance companies offer you money based on what lawsuits with people who have similar injuries as yours are settleing for in your geographic area with jury trials.

In other words, your best bet is to just file a claim through her insurance company.

Also, see if the insurance company will tell you what her liability limits are. If she only has $10,000 limits, it will do you no good to sue because the insurance is only involved in it untill they pay you the $10,000 limits and good luck getting a cent out of her for anything over that amount.

I am a liability adjuster for the 3rd largest insurance company in the united states and deal with this on a daily basis. I deal with people in your position every day and offer settlements to you, and lawyers every day. Like I said, whether you get a lawyer or not, I would offer you the same amount of money because your claim is worth what it is worth. A Lawyer does not increase the value of a claim.

ALSO, you can't just "sue." any lawyer you go to will try to settle it out of court first and like mentioned, he will play mind games with you as well and tell you this is as good as it will get so you might as well take it. Lawyers don't want to go to court because they know it will just cost them more money. They deal with people like you 50 times a day. They want to settle, make a few bucks, and move onto the next claim.
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Old 09-16-2003, 01:08 PM   #6
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Was there understanding in a car crash?



Sorry to hear about your wreck dude. that sucks. Hope it all works out.

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Old 09-16-2003, 01:09 PM   #7
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I'm taking calls from two insurance companies today (my friends and my own) and I think I'll tell them that I'm not going to say anything until my dad talks to them (he's real good at those kind of things).

And you know what else.. I have so much memory loss, I can't find my glasses right now so I can't go look around for them to get fixed.

But really.. with all the support I'm getting from friends/family and you guys, I really appreciate it.

And yeah.. Huckedup16.. I don't remember what she looked like. Seriously.
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Old 09-16-2003, 01:09 PM   #8
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Haha, f off Vostok.

And yeah my name is about the band Thursday, and yeah I'd love to go see them live with someone from here.

Oh I was wearing my Thursday shirt at the crash, that's another thing I remember now.. and I kept saying the same thing to the doctor, this band plays a song about a car crash. Haha, I felt stupid after my mom told me to stop repeating myself.

I asked a lot of the same questions over and over again.
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Old 09-16-2003, 01:10 PM   #9
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The insurance company will only cover medical bills/lost wages, etc., so you should definitely sue if you have a lot of pain or lasting injuries. A friend from college had permanent short-term memory loss from an accident. That's the kind of thing lawsuits were made for.
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Old 09-16-2003, 01:11 PM   #10
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A lawsuit won't be necessary if the other driver was adequately insured and her insurance company treats you fairly. Just keep careful records of your damages. Show them every medical bill, lost paycheck, and let them know how the injuries have affected your everyday life without dramatizing anything. If they give you a hard time, talk to a lawyer. Even then you might be able to avoid court.
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Old 09-16-2003, 01:11 PM   #11
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you're owed at least whatever you pay out of pocket for medical expenses and to cover lost wages while out of work. anything more is gouging and bound to come back to you in some karmic sense.

accidents happen, and unless you can prove gross negligence (somebody was drunk, on drugs, is blind, doesn't have car insurance, doesn't have a license) i don't see a reason to go for a compensatory figure.
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Old 09-16-2003, 01:11 PM   #12
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Quote:
Originally posted by Thursday

Oh I was wearing my Thursday shirt at the crash, that's another thing I remember now.. and I kept saying the same thing to the doctor, this band plays a song about a car crash. Haha, I felt stupid after my mom told me to stop repeating myself.
now that's irony.

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Old 09-16-2003, 01:13 PM   #13
Eric SS
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Quote:
Originally posted by Moop
The insurance company will only cover medical bills/lost wages, etc., so you should definitely sue if you have a lot of pain or lasting injuries. A friend from college had permanent short-term memory loss from an accident. That's the kind of thing lawsuits were made for.

That's NOT true. With every settlement we offer what's called "General Damages" which is basically money for pain and suffering.
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Old 09-16-2003, 01:13 PM   #14
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wow tough story and glad your around to tell it...heres my basis for suing...was she under the influence of any type of drug or alcohol...if so sue her so that her childrens children have to pay you

this is unacceptable but can have tolerance applied cause we all are guilty of it sometimes...was she on a cell phone...putting makeup on...crap that takes away attention while driving
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Old 09-16-2003, 01:17 PM   #15
Thursday
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I honestly don't remember. I'm going to call my friend after he comes home from school today, being he went through it unscratched..

I almost feel guilty to sue someone, because just ever since I was little my parents tell me how bad it is to sue someone and they didn't sue a doctor who made an error on me.. twice. They're too lenient I guess..?

But this kind of situation draws the line, because I could've died from it. Well I'm going to go try to remember where I put my glasses.. keep leaving feedback I'll post in about 45 minutes.

Thanks again.
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Old 09-16-2003, 01:17 PM   #16
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Quote:
Originally posted by Eric SS



That's NOT true. With every settlement we offer what's called "General Damages" which is basically money for pain and suffering.
Every person I've known who had to deal with insurance companies, myself included, did not get any compensation for pain and suffering until a lawyer got involved.
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Old 09-16-2003, 01:19 PM   #17
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If no one has told you this already, TAKE PICTURES.

Face, head, arms, any scratch you have. Do it NOW.
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Old 09-16-2003, 01:19 PM   #18
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Quote:
Originally posted by Moop


Every person I've known who had to deal with insurance companies, myself included, did not get any compensation for pain and suffering until a lawyer got involved.
I'm not sure what insurance companies you were dealing with...

What were the circumstances and the injuries?
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Old 09-16-2003, 01:23 PM   #19
micah
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Well the other driver obviously did something screwed up, it doesn't really matter whether it was because she was drunk or putting on makeup or whatever. Accidents don't just "happen"... somebody has to screw up. In this case she screwed up, and the poster suffered... I don't think it's gouging to look for compensation. That's what liablity is for.

You're driving along, somebody else farks up and screws with you and your car, they should make it right.

<---- was rear ended last week by some stupid biatch who came over a rise and drove 200 yards straight down a road into the back of my car, which was stopped at a stop sign the whole time.
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Old 09-16-2003, 01:26 PM   #20
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Quote:
Originally posted by Eric SS


I'm not sure what insurance companies you were dealing with...

What were the circumstances and the injuries?
I was rear ended on the highway and my car totaled. They paid for the medical expenses and lost wages, but getting compensated for anything beyond hard, provable costs (things like the occasional headaches and neck pain that I still get) was like pulling teeth. I have relatives, and my old college roommate, who had similar problems (with different insurance companies). Perhaps your company is different from the ones with which I am familiar.

If Thursday does not feel that he is getting compensated adequately for what could be a lifetime of problems from this, he should sue.
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Old 09-16-2003, 01:27 PM   #21
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Quote:
Originally posted by Moop


I was rear ended on the highway and my car totaled. They paid for the medical expenses and lost wages, but getting compensated for anything beyond hard, provable costs (things like the occasional headaches and neck pain that I still get) was like pulling teeth. I have relatives, and my old college roommate, who had similar problems (with different insurance companies). Perhaps your company is different from the ones with which I am familiar.

If Thursday does not feel that he is getting compensated adequately for what could be a lifetime of problems from this, he should sue.
Part of the problem lies with doctors and treatment.

Did you treat with a Chiropractor? If yes, for how long?
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Old 09-16-2003, 01:27 PM   #22
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i haven't read all replies yet so this might have already been stated, but my thoughts are to sue for medical costs, and if you feel it will not affect you the rest of your life, leave it at that.

no reason to penalize a person for making a dumb mistake we could have just as well made ourselves.
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Old 09-16-2003, 01:32 PM   #23
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from my own personal experience:

first: no insurance company that you are about to make a claim against is your friend. Period. Treat anyone from said company with suspicion and get well before you talk to them directly. You need to be able to think clearly before confronting them.

don't settle early. The full extent of your pain and suffering is not realized yet ... if you have any long-term effects, they're worth more than bruises, cuts and burns.

Keep a diary of your daily experiences! When I had my big claim, I had to give a full, written explanation of what I went through. This is only possible for you if you write down everything ... don't trust your memory right now, you are injured.

Take your time getting well and consider having a lawyer represent you. If the injuries are long-term, you'll want one to help get as much as you can get to cover your future expenses.
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Old 09-16-2003, 01:35 PM   #24
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It's sad that insurance companies have such a bad rep. I have never ONCE been told by anyone above me to screw anyone or pay less than what we owe.

And settlement figures are based in large by what similar claims are being settled for in court by a jury trial.

For the mostpart, what I offer you, is what a jury would award you also. Except after lawyer fees and court costs, you will end up with less if you go to court.
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Old 09-16-2003, 01:37 PM   #25
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Quote:
Originally posted by Eric SS


Part of the problem lies with doctors and treatment.

Did you treat with a Chiropractor? If yes, for how long?

No, I pretty much stuck to real doctors.

My point, with which you may disagree, is that insurance companies often do not willingly compensate people for life-long medical problems associated with accidents. If things clear up over the next few months and there are no lasting injuries, then Thursday should count his blessings and move on. If he ends up with permanent memory problems or any other lasting effect, he needs to get a lawyer.
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