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Crashed my wagon


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Rearended a lady in a new ranger. stuffed her bumper and dinged the tailgate and bed. She was fine for the first 10minutes, then when the EMT's showed up she had neck pain :confused:. The ranger had bucket seats with integral headrests, so I have a hard time seing as how she got whiplash. You know how that goes. She went to the hospital in an ambulance, I refused transport.

 

It was at a merge with a 4lane road. There was one car coming in the farthest lane, the lane you merge into was clear. I thought that she would merge in, and wasn't paying attention to her. I was looking left to see if there was more traffic coming when I hit her. 15mph ish, clutch in, didn't see her till I tagged her. Totally my fault, the police said it happens all the time at this intersection, and didn't cite me for anything.

 

The bumper got pushed back, the frame on the drivers side crumpled some, and my headlight protecor loop clamped my hood shut. The winch crushed in the hood latch. Radiator seemed fine. The cop said that the bumper saved the car.

 

Biggest recolection was a bang and lots of dust in my car. I was wearing my seatbelt, otherwise I woulda cracked the windshield. Feels like somebody kicked me in the chest.

 

I'll get pics up tomorrow.

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Whelp, got the hood up after bending my nice headlight loop forward. The coolant resevaur tank sheared off it's mount, and the battery slid into the back of the headlight. The framerail crumpled pretty good, but all in the front. Ignorable, but I'll have the guys in the body shop give it a tug. They like a good challenge. Next time I have the engine out, I'll weld a plate in there. Ahh well.

 

My chest pain's mostly gone, which is good.

 

The only thing I signed was the ambulance service release. Like hell I wanted transport.

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  • 4 weeks later...

"I bet your neck hurts ;)"

Apparently it does for this lady. She's claiming lots of damages from the accident, and my insurance company wants to look at the damage to my car to see if the accident was as bad as she says it was, which it wasn't. But anyway, I don't want my insurance company seeing my car, the front bumper isn't exactly "energy absorbing". Could they dump the claim on me because of it?

 

I really can't aford having my insurance company bail out on me. Trucks I can fix, people I can't.

 

Aparantly she must be claiming the accident was horrible, because my insurance adjuster was activly surprised when he called to ask where the car was and my mom told him I had been driving it to school and back for 3 weeks.

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did you take pictures at the scene of the accident?

 

This is where cell phone cameras come in handy.

 

pour over the policy with your agent, if you have one. determine if it is required to have an "energy absorbing bumper" If they say that your car has to comply with all motor vehicle laws of your state, tell them that the cop didn't cite you for the bumper.

 

Anyways I think that it would be to your benefit to have the adjuster take a look at the car b/c sounds like this lady is trying to work them and if you can't give them evidence to the contrary then they will have to pay.

 

Good luck.

 

BW

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Could they dump the claim on me because of it? I really can't aford having my insurance company bail out on me. Trucks I can fix, people I can't.

It is your insurance co.'s job to defend you. If they balk in any way, consider this approach: If you have some family $, consult with an experienced atty - one who DOES NOT defend insurance companies from claimants. If you do not have $, contact that same expensive experienced lawyer - initial consultations are ordinarily free. You will find this helpful. Explain the fee problem and take it from there.

 

If every insurance co. was able to skate out of their obligations because an 18 year old guy modified a bumper, then you might as well not have insurance coverage at all. Good luck. Do NOT stress out. This is the way the system is designed to operate.

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My oldest Daughter went thru something like this recently. Heather ran into a a guy, wasn't paying attention to the road. Anyways, a couple weeks went by and this guy starts claiming of neck pain, and that his car is not capable of being driven due to the damage from the accident.

 

I took a picture of Heather's car, and found the guys car sitting at a local bar. Can't be driven, yeah right!! Got all the info from the Police report, so I had his addy and such. Took a pic of the rear of his car, and a wide shot of where it was sitting. He he he!!!

 

Needless to say, he changed his story after his insurance company got a copy of the pics along with Heather's insurance, and my Lawyer.

 

Only damage to Heather's '96 Pontiac GrandAm, was a paint scuff just above where the Black plastic grille inserts are. Didn't even crack one of those, and there brittle as all get out. Was some crumpling to the rollpan under the bumper of his car, but nothing to "keep the car from being driven".

 

So yeah, pics and Lawyer are in order. Even if you just talk to the Lawyer to get a bit of help as to what to do now. And "crash bumpers" are only meant for parking lot type accidents, hence the name of 5mph crash bumpers. They don't do squat above 10 mph, 'cept bend.... If you didn't re-inforce the area of your vehicle where the bumper attaches, it's no stronger in an above 5mph accident than a stock crash bumper would be.

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I would suggest having you mom call the lawyer instead of you. they tend to practice a bit more empathy with someone older (lame but true). Also, if you cant find a lawyer to talk to, you can ALWAYS go down to your local court house. They should have a law library there. The law librarian is going to be either a practicing or retired lawyer. They may not SPECIALIZE in auto accidents, but they will either know someone who does that's willing to help, or they will be able to help you find info in the books as to how to procede. hope that helps, and i hope it doesnt come to all of the "Lawyer" crap-o-la:mad:

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From being rear ended.... its takes 24-48 hours for whiplash to rear its ugly head. Most doctors consider anything less where the driver can walk or has not hit thier head on anything else suspect (trust me im suing someone who rear ended me).

Did you have collision on the car? if not the insurance company will pay to get her car fixed but not yours.

 

Now to be fair, just beacuase it takes weeks for you to hear somone claim neck pain, it usually takes that long for the insurance companies to communicate about bodily harm. In my case it took almost 6 weeks.

After bring slammed at 50mph at a red light, it took 8 weeks to find out i had a herniated disc. Some things got better with therapy, other things get worse. I wasnt getting better thats how we found it. I did go to a hospital and they missed the disc. So dont be so quick to acuse someone of faking it.

the time before that that i got rear ended (a hard tap) i felt it 24 hrs later.

 

My subaru was totaled, his air bag didnt even go off.

 

So from being on the receiving end (and 160,000.00 in surgical bills) dont be so quick to judge.

 

nipper

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"I bet your neck hurts ;)"

Apparently it does for this lady. She's claiming lots of damages from the accident, and my insurance company wants to look at the damage to my car to see if the accident was as bad as she says it was, which it wasn't. But anyway, I don't want my insurance company seeing my car, the front bumper isn't exactly "energy absorbing". Could they dump the claim on me because of it?

 

I really can't aford having my insurance company bail out on me. Trucks I can fix, people I can't.

 

Aparantly she must be claiming the accident was horrible, because my insurance adjuster was activly surprised when he called to ask where the car was and my mom told him I had been driving it to school and back for 3 weeks.

 

Let the insurance companies fight it out. Thats what you pay them for. Since you rear ended another car, in every state you have no defense.

if you do get sued you will get sued for the max of your insurance coverage. if its a no fault state she can't even sue for whiplash.

 

It is going to look scary for a while, but thats what the lawyers are for.

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i was in a similar situation when i owned an 87 pontiac grand am. my shoes were wet and i was braking for a light and my foot slipped off the pedal just enough to bump the late model sunfire in front of me. i put a nice 2" wide by 3" long scratch on their rear bumper. 200 bucks later and the thing is repainted, but months down the road the lady (not in good health to begin with), complains of neck and shoulder pain, apparently from the accident. i had to take the car to the claims center for an inspection to see how bad the accident was (pushed the bumper's shock absorber in about 1/2" and bent my license plate a bit.)

 

anyways, i chose to dispute the claim at a hearing as my insurance discount was at 30 percent. didn't hire a lawyer and figured that i could tell them what happened and i would leave there without hefty fines but nope. got a 40 pecent surcharge on my insurance premiums.

 

and that's why there's always a disposible camera in my glovebox.

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From being rear ended.... its takes 24-48 hours for whiplash to rear its ugly head.

 

So from being on the receiving end (and 160,000.00 in surgical bills) dont be so quick to judge.

 

nipper

 

She was fine untill the EMT's showed up. 15mph with no skidmarks is a lot less force than 50mph. I'm not judging based on her complaining about being hurt. I'm judging by it seems a lot less likely that she really did get hurt. C'mon, everyone's heard the advise "If you get rear ended, claim you have neck pain because that gives your lawer a leg to stand on later."

 

My glasses didn't even come off, and I was in the lighter vehicle=faster decel.

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that does seem wierd that she would be injured after just a tap. could happen I guess. I think it's crap though. I hit a woman doing... I dunno... 40? ripped the glasses straight off my face and from being tense I pushed the steering wheel into the dash. I was alright other than some whiplash and a pulled muscle in my right arm. Her car didn't crumple. She took the FULL FORCE of the impact and only suffered some Severe whiplash. her airbag didn't go off either. Which brings me to another subject... why is it always the soobs that get destroyed in wrecks? They seem like bricks to everything except to other cars, even ones designed to crumple treat Subarus like tin cans.

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Don't panic at this point. Let the insurance companies fight it out. You're insurance company isn't going to get out of covering the accident as long as you're premiums are paid up, your driver's license is valid and you cooperate with them. Let them take pics, give them statements, whatever they need. DO NOT ADMIT that it's your fault to anyone else, but your insurance company! Do not make a statement to her company, unless it is arranged by your company. They may call for a tape recorded statement. Tell them to call back later and call your claims adjuster. I doubt that neck pain came on as the ambulance approached :rolleyes: , but who's to say. There are doctors prefered by lawyers, for their "expert testimony", so if she hooks up with a shark, your company's in for a ride. They know how to handle it. You're insurance is going up, face it and move on. We've all rear ended somebody :grin: and paid the insurance premiums to prove it. Welcome to the club! :banana: Fix the sube. Snow's comin', have fun. Your eighteen? Enjoy life. If the lady makes a buck, so what, your not hurt physically and your premiums got raised as soon as your bumpers touched anyhow.

 

~Myles~

 

that's my 2 cents worth and it's worth a dime

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  • 4 weeks later...
You're insurance is going up, face it and move on. We've all rear ended somebody :grin: and paid the insurance premiums to prove it. Welcome to the club! :banana: Fix the sube. Snow's comin', have fun. Your eighteen? Enjoy life. If the lady makes a buck, so what, your not hurt physically and your premiums got raised as soon as your bumpers touched anyhow.

 

~Myles~

 

that's my 2 cents worth and it's worth a dime

 

 

dont stress, you pay insurance so they will for you:headbang:

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  • 4 years later...

So you want to sell me some parts? i want the wheels, the motor, the body, the drive train, and the windows and doors. and I have $5. Just kidding.

 

I learned something from this thread, if there's an accident, turn on the cell phone video camera (mine will record at least an hour or 2). take video of the vehicle locations and damage, and then hold it at my side to use for like an audio recorder.. maybe catch the other driver saying something stupid like "i wasn't paying attention" and or "i'm sorry" and or "my fault"... or even "i'm not h urt i feel great"..

 

If I were you, i'd try to get hte lady's address, and hopefully catch her going out to the club one weekend night, or to the gym, and get some pics, like hte previous poster in the thread did.

 

One time I did the same thing, looking left assume the car had went. It did, but it stopped again, and boom. nor more than 15 mph. The lady driving was fine, her passenger was hooping and hollaring "my neck..my back..oooh aaah my neck" i could hear him from their car to mine. I knew he was full of crap becuase it wasn't that bad.. there was no damage to either car.

 

It was around xmas time and I was on my way to hechts to take back a $50 trainset, so i told the lady (lying) I didn't have insurance or any money, but i have this train set that I was about to take back, you can have it if you just want to call it fair" she went and talked ot the passenger, and well Jesus must have been in that backseat, because he was healed, he stopped the hooping and hollaring, got up walked to the back and checked out the trainset and called it a deal". I was happy because I didn't want to stick around get a ticket from the cops and especially have anything added to my insurance with this idiot trying to bilk the system.

 

Also my buddy had a similiar thing happen, only the lady sued him like a year later and there was hardly any damage ot her car, i think she sued like for a million dollars, and they settled on giving her 6 grand.

 

So I kind of learned, to claim you don't have insurance or money to see if the person stops faking it. Hell if the video is running and they stop faking it, and then try to claim it again later, that'll go a long way to getting them to settle lol

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Trust me I know the feeling I had a pathfinder 2 weeks old. I crashed it into a post work van. Al my fault. But all I did was run intoc the side of his van . with my truck. Scraped. And somehow he had neck and back injuries and I slid out and broke the window with my head and totaled the pathfinder. 13 thousand dollars. . I didn't have insurance on the rig yet. I was just getting t ready for switxching g over title and insuring. Sucks bad

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I have had whiplash more times than I can count (MV and snowboarding) and unfortunately Nipper is correct - it doesn't always hurt immediately after the accident. You are usually running on a bit of adrenaline from being startled - especially if you are unaware of being hit...like rear enders. Once you calm down the pain will usually set in. Not to discount the fact that she's probably hamming it up a bit for the cash, I can just say for certain that it can come on immediately or as late as even the next day, depending on its severity and verious other circumstances.

 

Best of luck with your case.

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There's this thing called a time/date stamp, it's in the upper left hand corner of each post. By checking it you can help avoid bumping 4 year old threads back from the dead.

 

$100k for "unspecified pain in left thumb" was the settlement. As far as parting the car out, I drove it for 2 more years after the accident, it was a fender bender and the car wasn't even close to totaled.

 

I still have a bitter taste about this incident. Whatever, I guess that's how you work the "system"

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