5 Car Pile-Up

[gryndor]

What is the name of your state? California

Today is my 12th day in the hospital after being involved in a 5 car accident on Monday the 20th.

The car I was traveling behind (car A) swerved into the opposite lane and had a minor head-on with an oncoming vehicle (car B). Car A went off onto the left-hand shoulder (from my perspective) and had little to no damage. Car B careened into me, sent me spinning and I was hit again by Car C. Car C was damaged a bit, and the driver had a dislocated thumb. Car B was destroyed and the driver was taken to the hospital with a minor head wound and some lacerations. My car is totalled and I have a fracture to the femur, patella, tibia and fibula (down by my ankle so it's extra fun).

Car A's driver is insured with Geiko, and we have all the information to proceed with a claim against his insurance. I have health insurance too, so I'm not too worried about this moment.

My car insurance company (Progressive) has declared my car totalled and with the value that they have applied back to my loan, I will still owe $2,000+

I will be released from Acute Rehab on the 6th and will go home with a lot of hospital equipment. I will get a hospital bed, a wheelchair, walker, crutches (in six weeks or so when I can bear weight on my leg again), and numerous Out-Patient visits.

My Question: Should I be looking for a Personal Injury Attorney? Will I get compensated for lost wages, pain & suffering, any of my out-of-pocket medical that may not be covered by my insurance or his? What about all the equipment that I'll need at home, they are all rentals, would I be re-imbursed if they started to cost me more money? Also what about my car? I thought I would get a couple thousand to put down on another vehicle, but instead my current loan will just roll over into a new one... is Car A responsible for all of this?

I keep hearing that I'm lucky to be alive, but I won't be able to return to the quality of life that I had before this moron decided to take a trip on the other side of the road. I was financially stable, had a good car whose payments were perfectly manageable, I have a good job who can't stand to be without me for very much longer, etc. etc.

Here's the newslink:
http://www.theunion.com/article/20041222/NEWS/112220059/0/ARCHIVES

Sorry for all the emotion... I would appreciate any and all responses.

Thank you,
Gryn

 

[Happy Trails]

What is the name of your state? California

Today is my 12th day in the hospital after being involved in a 5 car accident on Monday the 20th.

The car I was traveling behind (car A) swerved into the opposite lane and had a minor head-on with an oncoming vehicle (car B). Car A went off onto the left-hand shoulder (from my perspective) and had little to no damage. Car B careened into me, sent me spinning and I was hit again by Car C. Car C was damaged a bit, and the driver had a dislocated thumb. Car B was destroyed and the driver was taken to the hospital with a minor head wound and some lacerations. My car is totalled and I have a fracture to the femur, patella, tibia and fibula (down by my ankle so it's extra fun).

Car A's driver is insured with Geiko, and we have all the information to proceed with a claim against his insurance. I have health insurance too, so I'm not too worried about this moment.

My car insurance company (Progressive) has declared my car totalled and with the value that they have applied back to my loan, I will still owe $2,000+

I will be released from Acute Rehab on the 6th and will go home with a lot of hospital equipment. I will get a hospital bed, a wheelchair, walker, crutches (in six weeks or so when I can bear weight on my leg again), and numerous Out-Patient visits.

My Question: Should I be looking for a Personal Injury Attorney? Will I get compensated for lost wages, pain & suffering, any of my out-of-pocket medical that may not be covered by my insurance or his? What about all the equipment that I'll need at home, they are all rentals, would I be re-imbursed if they started to cost me more money? Also what about my car? I thought I would get a couple thousand to put down on another vehicle, but instead my current loan will just roll over into a new one... is Car A responsible for all of this?

I keep hearing that I'm lucky to be alive, but I won't be able to return to the quality of life that I had before this moron decided to take a trip on the other side of the road. I was financially stable, had a good car whose payments were perfectly manageable, I have a good job who can't stand to be without me for very much longer, etc. etc.

Here's the newslink:
http://www.theunion.com/article/20041222/NEWS/112220059/0/ARCHIVES

Sorry for all the emotion... I would appreciate any and all responses.

Thank you,
Gryn

Gryn, sorry to hear about your injuries. My opinion is you should seek a PI attorney. But I'll leave this one up to the experts. Just want to wish you a speedy recover.

 

[JETX]

Should I be looking for a Personal Injury Attorney?

I wouldn't rush out and get a PI attorney until you have an idea of what compensation the insurance company will offer. Reason is... some insurance company's treat claimants properly, and a lot don't. If they do treat you fairly, you will forego a significant (30% to 40%) for what could be a relatively simple negotiation. And as long as you don't sign any agreement.... you can always get a PI attorney later if needed.

Will I get compensated for lost wages

You should.

pain & suffering

You should.

any of my out-of-pocket medical that may not be covered by my insurance or his?

You should.

What about all the equipment that I'll need at home, they are all rentals, would I be re-imbursed if they started to cost me more money?

You should.

Also what about my car? I thought I would get a couple thousand to put down on another vehicle, but instead my current loan will just roll over into a new one...

Since you say that the vehicle has been totaled, the insurance company will should offer you FMV (Fair Market Value) for the vehicle in its condition IMMEDIATELY prior to the accident.

is Car A responsible for all of this?

Based SOLELY on your post, it would appear so.

 

[gryndor]

And as long as you don't sign any agreement.... you can always get a PI attorney later if needed.

Ok, I'll wait and see what they offer before I run out and hire someone.

Since you say that the vehicle has been totaled, the insurance company will should offer you FMV (Fair Market Value) for the vehicle in its condition IMMEDIATELY prior to the accident.

I know that they gave me FMV for my car, and when applied to the loan I had been paying, I now owe over $2,000 on a car that doesn't exist. Is this just the way it is? Also, I purchased GAP insurance to cover what my regular car insurance didn't cover... does this apply here?

Thank you very much for your (JETX) time, information and (Happy Trails) concern.

Gryn

 

[nanaII]

California laws

I found this on regarding California laws. There is a really important section regarding California laws entitled, "Your Rights Under the Fair Claims Settlement Practices Regulations". I got this off of a California government website:

http://www.insurance.ca.gov/CSD/Brochure/Automobile/AutoInsurance.htm

Good luck!

 

[Lynx 36]

Quote: "I now owe over $2,000 on a car that doesn't exist. Is this just the way it is? Also, I purchased GAP insurance to cover what my regular car insurance didn't cover... does this apply here?"

Yes. Good luck!!

 

[You Are Guilty]

Sorry to hear about the accident. (Women drivers, eh? )

GAP should pay the $2k difference, and while you're fighting it out with them, despite JETX's optimism, I would say you might want to get a head start looking for a PI attorney. I have yet to see a claims adjuster make a fair offer to an unrepresented motorist, much less in an accident like this where there's some uncertainty as to why it happened.

Heck, I might be surprised and you get a big fat initial offer, but if your case is like any of the other thousands out there, you'll get lowballed and will waste weeks trying to accomplish something an attorney is much better prepared to handle.

So give it a shot, but have a backup. Best wishes.

 

[msldystrkr]

This is what I would do: First I would file a claim with all parties that hit me. It is not your responsibility, from a hospital bed, to determine who is at fault. You are also not a professional in accidents so take the stance that all you know is that you are not at fault. This is a chain of events that have left you without being able to work for an extended period of time. While car A may have started this there is reason to believe that all drivers should have been able to maintain control of their vehicle(s) therefore they may be liable to you in addition to who actually started this chain of events.

Next, file a claim for your gap insurance. Remember that you can also ask the insurance company (s) to replace your car if you feel you will have difficulity finding another that you can finance/afford. This would also elimate the difficiency in the balance owed vs book value.

Your claim will be several parts: vehicle damages, medical bills and then personal injury such as loss wages/job, disability and such. Settle only what you know about and leave the rest for an attorney if need be.

The obligation for all parties at fault is to make you whole again or as close as possible.

Do NOT sign anything unless you fully understand what you are signing. Read everything line by line and don't assume what it says. Don't be in a hurry to settle anything. If any claim adjuster puts pressure on you or tries to hurry you then tell them you have a headache/becoming ill and can not underst anything more at that moment and will have to continue at a later date when you feel more up to it. This also puts the adjuster on notice that you are having difficulties.

Good luck and I hope things get better for you real soon!

 

[gryndor]

(Women drivers, eh? )

Thanks a lot!

Thank you all for your advice and kind words. I feel like I have a few more options to pursue and in having those options, I feel a lot better. No doubt I will be back here asking questions as I move through the process, and I will keep those who are interested updated.

I'm going to go find that GAP insurance paperwork now...

Thanks again,
Gryndor

 

[gryndor]

Problems with Car Contract

I'm Back.

I was looking into the GAP insurance thing, and was told that in fact I didn't have any. I left it as that for a while, until I requested my file from the Automall where I originally purchased my now-totaled vehicle. What I got was three documents.

1. Original Sales Contract, with all the original terms I agreed to, including GAP Insurance

2. An Acknowledgement of Rewritten Contract, that has my mother's (as my co-signer) signature clearly forged.

3. A new contract, whose final price is much higher, and yet has no Gap Insurance. Several other things are different too.

What does this mean? I was allowed to drive off the lot the very first day I came to buy my car. The paperwork wasn't even completed, because I would need a co-signer. When I phoned in my mother's info, they placed her as the buyer and me as the co-signer, and the rep came all the way to her place of business and said that if she didn't sign it that moment, we'd lose the deal. Then he rocketed over to me at my work, and said the same thing; "Sign here, initial there, sign here." I didn't even read what I signed... I thought it was the same terms that I had originally agreed to.

So, is the contract invalid? Or am I screwed because I signed a document without reading it?

Gryn

 

[JETX]

So, is the contract invalid? Or am I screwed because I signed a document without reading it?

No and yes.

 

[Lynx 36]

Quote: "Next, file a claim for your gap insurance. Remember that you can also ask the insurance company (s) to replace your car if you feel you will have difficulity finding another that you can finance/afford. This would also elimate the difficiency in the balance owed vs book value."

Wrong. The insurance co. will NOT help him find another car. Only pay him FMV.

Quote: "Your claim will be several parts: vehicle damages, medical bills and then personal injury such as loss wages/job, disability and such. Settle only what you know about and leave the rest for an attorney if need be.

Wrong. The damage to the vehicle falls to the property damage section of the policy. The meds, lost wages, punitive damages falls under the bodily injury section of the policy.

You also have to remember that if Car A is responsible, then there is a good chance policy limits will come into play since there were so many cars involved. The insurance co. will only pay up to those limits, and if it reaches that everyone gets a %.

 

[gryndor]

Great, this just gets better and better.

 

[You Are Guilty]

Remeber, if the policy isn't enough to cover your (and everyone else's) damages in full, you're still free to go after the nitwit personally to collect the remainder.