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18 Wheeler Vs Neon

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crashtestdummy

Guest
Texas.

I was the driver of the neon. While on a major interstate here traffic came to an abrupt stop. I stopped before hitting the car in front of me. Immediately I looked in my rear view mirror and saw that the 18 wheeler wasn't going to stop..he didn't..we were impacted by him and 3 other vehicles to the rear and rear sides and pushed forward to the car in front of us..then thrown across 3 lanes of traffic where we stopped.

The 18 wheeler was cited for excessive speed and inattention.
It was a construction zone. I have hired an attorney but, my family is pounding me with questions. My attorney is pleasant and helpful but I know how busy he is. The claim just started and we are no where near the end. The accident was just last month. My car was totalled and my insurance already payed the entire thing off...even owed us money. I see a chiropractor almost everyday..I see a neurologist this week...seeking therapy for flashbacks as I saw it coming in my rear view mirror and that image will not leave my mind.

I am an EMT and had just quit my job 2 weeks prior to move out of state..that now isn't going to happen and I don't see myself getting back to work on an ambulance anytime soon if at all.
I have weakness in my arm and I can't even hear a siren without getting a flashback......I don't think I could ever haul butt to an emergency again....to nervous now...

I have been diagnosed so far with Cervical Radiculopathy, Cerebral Concussion, Pinched nerves, and Acute anxiety disorder.
This is just to name a few....I don't honestly know all of the diagnoses at this point..I suppose the Neurologist will tell me more than I have been told by the Chiropractor. The Chiropractor, I assume, doesn't think I understand him, because the first few times I saw him, I was having slurred speech, and poor concentration..so he tells me things in non medical terms..like "the furniture got moved around in your head."
I know there are more diagnoses..I saw somethings in my medical record when I peeked....I just don't remember what they were so sorry about that.

I have alot of concentration problems and mood swings and I am always in pain...some days better than others but always there.

Anyway, My questions are as follows, and I know some may not be able to be answered exactly as claims differ....a general idea is what I need please....I am curious, and daily my family asks me these questions all the time....

What is a claim like this worth?
How long does it usually take?
My attorney's assistant said that the other side is not disputing my claim...is that normal?
Can my child, who is 3, who was safely in her car seat, receive reimbursement for any future health problems relating to this?
(She is fine so far thank God!) (Hired attny for her too)
What does it mean when my attorney says he will not charge me for anything to do with PIP (personal injury?)
And any other things you think I should know..thanks for your time and consideration!
 


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condaggitt

Guest
I am sorry that you have to learn the hard way about this.

But driving a small car, is far more dangerous and expensive then driving a car built like a tank.

Sure you might get 35-40 miles to a gallon, sure you might have a cute sexy car, sure you can get in and out of tight parking spaces and not have to pay to park in a garge.

But one day your time will come(like NOW) and all those savings will vanish into thin air.

Think how much safer you would have been in a 10 year old Full-sized station wagon.
 
H

hexeliebe

Guest
Disregarding the editorial comments above here are your answers.

What is a claim like this worth?
This depends on the jury, the attorney, the judge and how scared the insurance carrier of the 18-wheeler are. We can't tell you the answer because it's a matter of fact, not law.

How long does it usually take?
Again, we can't tell you this because it's up to your attorney and the insurance carrier to either work out a settlement which could be next week, or go to trial which could take a year or more.

My attorney's assistant said that the other side is not disputing my claim...is that normal?
Yes and no. Who on the other side is not disputing the claim? Is it the driver, the company or the insurance carrier? If it's the insurance carrier then they may not want to go to court over this but assumptions on my part are worth the same as your Neon right now, not much.

Can my child, who is 3, who was safely in her car seat, receive reimbursement for any future health problems relating to this?
Of course, but she would have to be either a party to any settlement or action against the driver or sue on her own behalf.

What does it mean when my attorney says he will not charge me for anything to do with PIP (personal injury?)
Ask him if he is taking this case on a contingency basis. If this is the case then he will not 'charge' you anything but will take a percentage of the settlement and/or judgement for his services.

And any other things you think I should know..thanks for your time and consideration!
Just to make sure you get medical treatment and keep on top of the case. And listen to your attorney.

And you're welcome.
 
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Thomas234

Guest
It is not unheard of, although somewhat unusual, for the defending insurance company to accept FULL liability if they are acting in good faith, and it is clear where liability rests. Be careful to not to settle immediately if any offer is made. Most commercial vehicles carry a minimum of 1 million dollars in coverage, and there may also be additional coverage under an umbrella policy.

Additionally, you must also wait and make absolutely certain that your 3 year old has no as yet undiagnosed problems. Same goes for yourself as well. As for your slurred speech, and poor coordination, these are but two of the many symptoms of traumatic brain injury (or head injury). Make sure you discuss with this with your neurologist when you meet with him.
 
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crashtestdummy2

Guest
Thanks

Sorry about that..this is the original crashtestdummy but the site would not let me sign in for some reason....tried everything so finally got fed up and just reregistered with a slightly different name...so..very sorry....

As for condaggitt.....Your not to bright now are ya?

Thomas234 and Hexeliebe Thanks for your posts. You make sense and are giving great advice. Thanks for your time.
I appreciate that.
 
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condaggitt

Guest
Re: Thanks

Originally posted by crashtestdummy2
As for condaggitt.....Your not to bright now are ya?/B]


Actually dont be surprised if they might try and claim you were partially liable for your injuries by driving such a small car. You knew the risk.
 

racer72

Senior Member
condaggitt, the information you gave has absolutely nothing to do with the case. The size of the vehicle the OP was driving will have no bearing on the outcome of the case. A new Neon is probably twice as safe as a 10 year old station anyway. If you have nothing to add that will actually help the OP, please go away.
 
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crashtestdummy2

Guest
Update

Ok, I think I got this right. The attorney is charging me a third in the case but on the paper that I signed it says he will not charge me for anything to do with PIP (personal injury.) What is the difference between what he is charging me for and the PIP?
I guess I am not understanding that. He is hard to reach to speak to in person...I assume that this is somewhat the norm... that you deal with the assistant for the most part.

I was told today that my attorney wants me to give a recorded statement to the other driver's insurance (18 wheeler,) and that I am not to do so without him present. So I assume we are going to do it in his office over the phone with the other insurance company.

I was told, by the assistant that the other insurance company is not disputing the claim (have not heard what the driver says.)

I was told today that another claim has been made against another driver involved in the wreck. Another driver who was not cited during the accident, but who also hit me at some point during all the impacts. I do not know how fault came to be on that other driver..I do not have those details yet.

Well thank you all for your posts and I appreciate the time you have taken to answer my questions. It is nice of you to be so helpful.
 
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Thomas234

Guest
I am not sure exactly what is going on with the manner in which your attorney is charging you; I’ll leave that to someone else to perhaps help you with.

It is not unusual for your attorney to be busy and unable to take your call. However, if it is a matter that you need to discuss with the attorney (something his assistant can’t help you with) then I would always expect a call back within 24 to 48 hours unless your attorney is out of town or at trial.

Who told you that another claim has been made against another driver that struck you? Do you mean your lawyer has filed a claim against this driver in addition to the claim against the trucker? If so, this could be for many reasons. One that comes to mind right away is that your attorney is “protecting your interests” so to speak. Meaning at some point the insurance company for the trucker (the catalyst that started the chain of impacts) may attempt to lay partial blame for some of your injuries on another vehicle that struck you.

It is obvious to you, and me based on what I’ve read, that the trucker is liable for all damages that resulted from this crash. Nevertheless, the possibility always exists that the defense may attempt to spread culpability to others involved in the crash to reduce their exposure. As an example, they may attempt to say 15% of your injuries and damages to your vehicle were the result of a secondary crash that you or this other driver could have avoided by executing some evasive maneuvers.

Again, all of this is why you have an attorney, and hopefully a skilled one at that.
 
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crashtestdummy2

Guest
Thanks for that great response. That is most likely what is happening. The truck driver must be saying that the other driver is partially to blame. I have heard of the blame being split before but wasn't quite sure how it worked..so thank you.

I guess my attorney is pretty good so far if he covered my interest that way so quickly. As for not being able to talk to him very often....I will tell the assistant that I definetly expect a call back from him within a reasonable time frame. Thanks.

The person who told me about the other claim was the assistant.

Again, thanks for your time and consideration.
 

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