Hit by semi

[giggles69]

What is the name of your state? IN On Jan 5, while taking my daughter back to college, I was hit by a semi. I was traveling in the right hand lane on the interstate, the driver was in the left lane and started drifting into my lane, no turn signal. He hit the driver's side of my car-which sent me spinning. I was then facing him head on-he hit me again & spun me around again. I hit the driver's side of his truck with the driver's side of my car-which spun me around again. I then hit the median & came to a stop. I was wearing my seat belt-which probably the only reason I am still here to write this! I hit my head pretty hard on the driver side window & bruised my arm-but no visible injuries. We both were traveling about 65 mph. My car, a 2002 Hyundai Accent, had full coverage insurance-I had just paid it off 3 months ago. The driver admitted it was his fault-kept saying he didn't see me-obviously. My question-according to Kelly blue book-my car is worth about $7200. My company has totalled my car-no kidding- & is anxious for me to settle. They are offering $4161. I am not happy with this. His company wants me to settle for $3250! I am very unhappy with this! I am not looking to get rich here-but the accident was his fault. I would just like to be made whole. I was planning on driving this car at least another 4 years-so I could pay tuition. I have talked to an attorney who thinks I should pursue medical costs-my neck is starting to bother me in the last week or so-I just want one of these insurance companies to help me recover the cost of my car! Can someone advise me on this? My company is calling & really wants to get this finished up. I am not wanting to rush into anything. Thanks for your help.

 

[moburkes]

What is the name of your state? IN On Jan 5, while taking my daughter back to college, I was hit by a semi. I was traveling in the right hand lane on the interstate, the driver was in the left lane and started drifting into my lane, no turn signal. He hit the driver's side of my car-which sent me spinning. I was then facing him head on-he hit me again & spun me around again. I hit the driver's side of his truck with the driver's side of my car-which spun me around again. I then hit the median & came to a stop. I was wearing my seat belt-which probably the only reason I am still here to write this! I hit my head pretty hard on the driver side window & bruised my arm-but no visible injuries. We both were traveling about 65 mph. My car, a 2002 Hyundai Accent, had full coverage insurance-I had just paid it off 3 months ago. The driver admitted it was his fault-kept saying he didn't see me-obviously. My question-according to Kelly blue book-my car is worth about $7200. My company has totalled my car-no kidding- & is anxious for me to settle. They are offering $4161. I am not happy with this. His company wants me to settle for $3250! I am very unhappy with this! I am not looking to get rich here-but the accident was his fault. I would just like to be made whole. I was planning on driving this car at least another 4 years-so I could pay tuition. I have talked to an attorney who thinks I should pursue medical costs-my neck is starting to bother me in the last week or so-I just want one of these insurance companies to help me recover the cost of my car! Can someone advise me on this? My company is calling & really wants to get this finished up. I am not wanting to rush into anything. Thanks for your help.

The only way that you will be able to get more money is to prove your injuries. You will need to negotiate the property damage, but, legally, they are only required to give you the actual cash value. The fact that you planned on driving it for the next 4 years is irrelevant because you could have totalled it in that time period, it may not have lasted that long anyway, etc. You cannot really afford the attorney for the property damage, since you won't be able to afford to pay him. Therefore, you must go the personal injury route-with an attorney.

 

[teflon_jones]

My first piece of advice is to make sure you don't sign any sort of agreement with a private attorney. They're going to take about 1/3 of whatever you get.

My second piece of advice is to stay away from the Kelley Blue Book. That's a consumer publication that is not used by the auto industry. Visit www.nada.com and price out your vehicle there. Also do a search on www.cars.com, www.autotrader.com, and a few other sites to see what your car is selling for. Remember that those prices are ASKING prices and the selling prces are likely to be $500-1000 less.

I looked on www.nada.com and a 2002 Accent with every single option and 50k miles is worth $6,250. You didn't state what options you have or the mileage, but $7,200 is definitely high.

 

[ecmst12]

You should definitely seek medical treatment. After an accident like that, your neck isn't likely to get better on its own. The full extent of the injury may not even be apparant. At least get a check up and some x-rays done. Either your auto insurance or the other driver's will cover the bills.

 

[giggles69]

Thanks everyone for you advice. Now just one more question? I am unsure if I should just deal with my own insurance company or let the semi driver's insurance handle the claim. Quite honestly, his insurance company has been a lot nicer than my own!

 

[moburkes]

Thanks everyone for you advice. Now just one more question? I am unsure if I should just deal with my own insurance company or let the semi driver's insurance handle the claim. Quite honestly, his insurance company has been a lot nicer than my own!

Whichever you prefer. It will be less of a headache to deal directly with the other company, since, every time you speak to yours, that conversation must then be repeated to the other company (not literally, but, hopefully you know what I mean).

 

[Just Blue]

You should definitely seek medical treatment. After an accident like that, your neck isn't likely to get better on its own. The full extent of the injury may not even be apparant. At least get a check up and some x-rays done. Either your auto insurance or the other driver's will cover the bills.

Couldn't agree with this more! Although I would have a MRI done also...I was in a auto accident and have bulging disc's...that won't show on a x-ray...

Thank goodness you were not hurt badly...

 

[ecmst12]

A disc bulge won't show on an x-ray, though sometimes disc space narrowing can show, but the physical exam will reveal any radiculopathy symptoms. Sometimes those go away over time (with treatment, PT or chiro) and in those cases an MRI (which is very expensive!) wouldn't be needed. If the pain and/or other symptoms aren't getting better and the x-rays are normal, then it's time to look further, but start with the basics

 

[BelizeBreeze]

Seek a consult with a personal injury attorney NOW! Yes, they get upwards of 1/3 of your settlement. And based on what the insurance company is offering, you'd be a fool to try an do this alone. Unless you are or hold a medical degree and a law degree, you have no idea what future problems will be faced and how long you'll have to deal with this.