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Pick up truck accident(not at fault) with a Tractor Trailor.

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KB71

Junior Member
What is the name of your state (only U.S. law)? PENNSYLVANIA

Hello!
In November 2009, My husband and 2 year old son were involved in a car accident with a construction tractor trailer. The tractor trailer ran through the yield sign while my husband had the right of way. As there was no injuries (broken bones or bleeding) that required emergency attention, The strong hit swung the Tundra around 360degrees and they were taken to the hospital to be looked at and have head scans.

The tractor trailer hit the back panel on the passenger side of our 2009 Toyota Tundra truck, inches from where my son was seated.
We had just purchased the truck in May 2009.

The Tundra was taken to an auto body shop needed $15,000 in repairs.
The other driver's insurance took full responsibility and paid for the repairs, hospital care and a rental car.

They were very helpful and understanding in the beginning.
They insurance also told me that my husband and son were able to file a claim for pain/suffering if we chose--- She said to contact her if/when we were ready

My husband was not happy and felt that the truck still drove differently and went to trade it. After paying close to $40,000 for this truck in May, we were offered $14,000 to trade it.
I took this to the insurance and they said they would pay to have the truck fixed to new and not the depreciated value.

We thought about it and decided we should file a pain/suffering claim for them in case there are any injures that this may have caused that haven't surfaced yet. My husband started losing feeling on the left side of his face now and then, which neurologist says is nerve damage. He also has frequent dizzy spells. His head did hit the window when he was struck.
2 Weeks later, on thanksgiving of 09, my husband was taken to the hospital for heart complications where they found that he has heart condition called HOCM. Certainly something he was unaware that he was born with and not caused from the accident but a disease that surfaces when the heart is under stress. And that accident was a very stressful time.

I had to do this before and know that once you make a settlement, you can no longer 'bother' them. I also know that in PA, you have 2 years to make settlement without having to go to court for it.

I tried to contact the insurance company to let her know we would like to move forward with a claim. She would not respond after 3+ emails and 3+ phone calls.

We hired a lawyer who sent out 2 letters telling them that he is representing us. They just responded to them asking us if we had any secondary insurance ( like medicare). We had to sign off that we did not. We are still waiting to hear the next step.

Can anyone give me any info on what may be the reasoning on why they would not respond to me at all but would respond to our lawyer and any info on how to get the most out of this claim.

On an emotional side of it, That was my husband and son in the Tundra. If they had been in any other smaller vehicle and they could have been killed.

Any input on how to further this case in our favor? What to say, what NOT to say?
 


ecmst12

Senior Member
Sounds to me like there are no injuries you can definitively tie to the accident and nothing he has received continuous treatment for. The heart condition is not related and you can't file a claim for injuries that might happen later, only for injuries you actually sustained.

You have a lawyer which means they CAN NOT speak to you directly. You should listen to your lawyer but don't hold your breath for a big payout and don't expect anything to happen quickly.
 

justalayman

Senior Member
the fact they didn't contact you was likely either they were hoping to ignore you until after the statute of limitations had run or they were investigating the accident so they would be more informed when speaking with you about a settlement. When they got a letter from an attorney, they realized they were likely not going to be able to simply ignore you.


How to maximize your award: there really isn't much you can do other than to present an claim that includes all damages. You don't get anything for "what if's" so there is no money in the child was close to being injured. That is nice for sympathy in a courtroom should it get there though.

I didn't see any claim for diminuation of value of the vehicle. It has obviously lost considerable value due to the accident.
 

KB71

Junior Member
Yes, the truck is worth a lot less than what we paid for it over a year ago.
Paid around $38,000 for the Tundra and it was valued at $14,500 by 2 dealers. We gave that paperwork to the lawyer as well.
 

ecmst12

Senior Member
It was worth a lot less then you paid for it the minute you drove it off the lot, that's how it works with vehicles.
 

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