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  1. #1
    Pacitizen Guest

    Rear ended for the second time

    I currently reside in the Pgh Pa. area. On the 23rd of this April I was struck from behind while stopped at a red light. I was rearended once before in Nov. of 97 in Jax Fl.. which resulted in cervical disk disection surgery. I settled that case 2 years ago, and havn't needed treatment for my neck since 99.

    Due to this most recent accident, the natural curvature in my spine has been knocked out. I went to the emergency room after leaving the scene. I have terrible pain in my neck and low back and the numbness has returned to some of my fingers. I start Physical therapy tomorrow and have an MRI scheduled. The at fault driver who hit me, and I, both have nationwide as our Insurance carrier.

    My vehicle is/was a spotless 1998 Pontiac Bonneville SSEi.
    3000$ initial damage estimate from the adjuster. It goes in for repairs in 2 weeks.

    My questuions are these:

    Can Nationwide drop me if I have to sue the other driver since we both carry insurance through them? Can they raise my premiums? They have told me that everything is being paid through the other drivers policy.

    I do not want another protracted 3 year court battle. I don't want to have to sue. How can I recover the loss of my vehicles valuation now that it will show up on car fax as a wrek? What's the best way to collect what I am entitled to without sueing?
    Lastly is it generally harder or easier to resolve these types of cases when both drivers have the same ins. co.?

    Thanks for your time and consideration.


    Last edited by Pacitizen; 04-29-2002 at 09:47 AM.
  2. #2
    JoBarry Guest
    Pacitizen - I don't know the answers to your other questions but I can tell you that both drivers having the same insurance carrier can make it more difficult. In these cases you want to be extra-diligent about documenting every telephone call/contact with the insurance company. From what you indicated it appears that the other driver is not disputing being responsible for the accident. Is this correct? The only reason I ask is that I was rear-ended by a driver who is covered by Geico (same as I am). I thought it would be cut and dry but the other driver lied and now it has dragged out to over 9 months (she was ticketed, I was not and it is still not enough for insurance company). I feel that with us both having the same insurance carrier it has made it extremely difficult.

    So, you need to be positive the other party has accepted 100% liability. If that is the case then the insurance company would not have any legitimate reason to raise your premium. It wouldn't hurt to send a quick not via certified mail/return receipt to the adjuster representing you demanding that this not be counted as a chargeable accident on your policy (just a little CYA). Sorry I could not be of more help. Joanna.

  3. #3
    LLG Guest
    i'm also involved in an accident with the party at fault with the same insurance companies. He is 100% at fault. I get calls almost everyday from my adjuster, his adjuster, my agent, and deal with body shop, doctors that it has driven me nuts. I called my agent and told her that i was taking a week off from all this and to let everyone know it as well. Monday I will start again, my accident was 2/2002 and have lots of pain thru out my back. i was rear ended at 70mph while i was stopped on the freeway, due to an accident in front of me. 70mph was stated by the other party to highway patrol who took the report and is stated in the accident report. My life has come to a stop, and limited to what i can do. I wish I never had this accident, and want it to go away.

  4. #4
    Pacitizen Guest
    Thanks for your responses. Yes the other driver admitted to being 100% at fault to me and to the officer in charge at the scene. (She kept saying " I'm so sorry, I know I'm not supposed to say I'm sorry because it is an addmission of guilt, but I'm not used to driving a stick shift and I slipped and I'm so sorry" )
    The police report states that the other driver was, and admits to, being at fault. I have taped all my conversations with the ins. company adjusters to Cover my butt. (they were aware I was taping), and they have confirmed that the liability is all with the other driver. They have already made payment to me for my cars damages out of the other drivers policy (as stated on check stub).

    However, I forgot to mention in my first post that another officer showed up at the scene while the report was being written up and shouted at me across the highway in an aparently joking manner that I was at fault. He shouted to me in front of the other driver and in front of two other officers "hey man, It's your fault man, all your fault HAHAHAHAHA". He was trying to be funny I guess but he obviously made intentional false statements of a material nature at the scene of an accident, and now the police department will not tell me who he is. I did not indicate why I wanted to know who he was. I simply called the police dept to get a copy of the police report and asked who the other officers at the scene were. I was told they cannot give me that information. I'm worried that the other driver may try to use the uninvolved officers statements against me in the future. I don't know if I should, or how I would go about, filing a complaint against this officer. Conduct unbecoming?? false statements? I've been told not to worry about it but what he did was just plain wrong and uncalled for.

    LLG: I feel for you, I really do. As I said before This is the second time this has happened to me. the first time in 97 it took 3 years to resolve the claim and I had to undergo many months of physical therapy and C-Spine surgery. Now I'm back in physical therapy and will most likely need more surgery. I wish there was something I could tell you that would lift your spirits but I just want this to go away too. Whatever you do though. Do NOT appear to be uncooperative in any way, but protect your rights the best you can.


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