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Rearended And Sandwiched

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SANDWICHED

Junior Member
What is the name of your state? South Carolina. I was in an accident on 2/10/05 in which I was at a complete stop behind a car waiting on a truck in front of her to make a right turn. I glanced in my rearview and seen a SUV coming up on my rear at a high rate of speed, I barely had time to brace myself before he hit me in the rear and knocked me into the car in front of me, my car was totaled and they gave me enough to pay it off and a couple of hundred bucks to keep for myself (we kept the car because it was still drivable). The man that hit me was ticketed at the scene for driving too fast for conditions(it was a 40mph zone). The man that hit me was the one who called the police and never asked was anyone injured, I could barely get out of my car, my back and shoulder were killing me, I informed the officer upon his arrival of my injuries and he didn't call for an ambulance either. I told him my husband would carry me to the hospital and he did once he arrived. This happened right after I left work in the afternoon, clear, daytime. He left about 3 ft. of skidmarks from trying to stop too late unfortunatly. Anyway Ive lost over $2500 in wages, and have accumulated about $8000 in medical. My car was valued @ 7900 and they gave me 7475, but it was enough to pay off the lein on it. My ins has med pay up to 5,000 and are willing to pay, will this hurt my pain and suffering settlement. I am 33 and have 2 kids at home And my (and my husbands-he's disabled and I am the breadwinner-he only draws SSI) 17th anniversary was 2 days after the accident and I was unable to move so our plans were diminished none-the-less, plus my baby sisters bachlorette party was this weekend which I didn't get to attend, my car is still in shambles and they never gave me a rental. I've been to the emergency room 2x and my family physician 5x and she sent me to a PT, then my arm started going numb, so she sent me to a neuro and he gave me meds and put me back out of work, now my doctor has referred me to an ortho specialist....not seen him yet (dont know what that outcome will be. Ive also seen a chiro for 2 wks and quit due to not helping my pain at all. Im worried because this guy only had minimal coverage (10000 on prop. damage) and all I have is uninsured (no underinsured) I havent retained an attorney yet but Iam searching for one, a friend referred me to one yesterday (gonna give him a call Monday). By what Ive entered, what should I expect from this settlement money-wise. I substained injuries to my neck (2 hrs after wreck pain kicked in-whiplash), shoulder, arm and finger numbness, and stomach pain due to lap belt a couple of days after the wreck, and back pain for a couple of days after the wreck, which is mild now but still have severe neck pain and shoulder and arm pain and tingling and still on meds. Sorry so long, I just wanted to be percise. What is the law for the amount of pain and suffering amount in South Carolina?
 
Last edited:


S

seniorjudge

Guest
What is the law for the amount of pain and suffering amount in South Carolina?

The attorney you hire should be able to answer that in your first meeting.
 

SANDWICHED

Junior Member
rearended and sanwiched

SANDWICHED said:
What is the name of your state? South Carolina. I was in an accident on 2/10/05 in which I was at a complete stop behind a car waiting on a truck in front of her to make a right turn. I glanced in my rearview and seen a SUV coming up on my rear at a high rate of speed, I barely had time to brace myself before he hit me in the rear and knocked me into the car in front of me, my car was totaled and they gave me enough to pay it off and a couple of hundred bucks to keep for myself (we kept the car because it was still drivable). The man that hit me was ticketed at the scene for driving too fast for conditions(it was a 40mph zone). The man that hit me was the one who called the police and never asked was anyone injured, I could barely get out of my car, my back and shoulder were killing me, I informed the officer upon his arrival of my injuries and he didn't call for an ambulance either. I told him my husband would carry me to the hospital and he did once he arrived. This happened right after I left work in the afternoon, clear, daytime. He left about 3 ft. of skidmarks from trying to stop too late unfortunatly. Anyway Ive lost over $2500 in wages, and have accumulated about $8000 in medical. My car was valued @ 7900 and they gave me 7475, but it was enough to pay off the lein on it. My ins has med pay up to 5,000 and are willing to pay, will this hurt my pain and suffering settlement. I am 33 and have 2 kids at home And my (and my husbands-he's disabled and I am the breadwinner-he only draws SSI) 17th anniversary was 2 days after the accident and I was unable to move so our plans were diminished none-the-less, plus my baby sisters bachlorette party was this weekend which I didn't get to attend, my car is still in shambles and they never gave me a rental. I've been to the emergency room 2x and my family physician 5x and she sent me to a PT, then my arm started going numb, so she sent me to a neuro and he gave me meds and put me back out of work, now my doctor has referred me to an ortho specialist....not seen him yet (dont know what that outcome will be. Ive also seen a chiro for 2 wks and quit due to not helping my pain at all. Im worried because this guy only had minimal coverage (10000 on prop. damage) and all I have is uninsured (no underinsured) I havent retained an attorney yet but Iam searching for one, a friend referred me to one yesterday (gonna give him a call Monday). By what Ive entered, what should I expect from this settlement money-wise. I substained injuries to my neck (2 hrs after wreck pain kicked in-whiplash), shoulder, arm and finger numbness, and stomach pain due to lap belt a couple of days after the wreck, and back pain for a couple of days after the wreck, which is mild now but still have severe neck pain and shoulder and arm pain and tingling and still on meds. Sorry so long, I just wanted to be percise. What is the law for the amount of pain and suffering amount in South Carolina?
If he only had minimal coverage, SC limits 15/30/10, is the max can I go for 15,000 or 30,000? His max propery damage was 10,000 and this had to pay for the car in front of me and mine, I've already settled it. But do you think I need to retain a lawyer now or wait to see what they offer, or can I personally ask for the max (30,000). Do you think this would be too high, considering all of the above and future medical 30,000 may only be 1x medical for pain and suffering, does this sound fair?
 

SANDWICHED

Junior Member
rearended and sandwiched

SANDWICHED said:
If he only had minimal coverage, SC limits 15/30/10, is the max can I go for 15,000 or 30,000? His max propery damage was 10,000 and this had to pay for the car in front of me and mine, I've already settled it. But do you think I need to retain a lawyer now or wait to see what they offer, or can I personally ask for the max (30,000). Do you think this would be too high, considering all of the above and future medical 30,000 may only be 1x medical for pain and suffering, does this sound fair?
Also my ins has medpay (1st party) and they cover up to $5,000 does this have to be repaid?
 
S

seniorjudge

Guest
SANDWICHED said:
Also my ins has medpay (1st party) and they cover up to $5,000 does this have to be repaid?
Ask for the farm, settle for a cow.
 

Lynx 36

Member
SANDWICHED said:
Also my ins has medpay (1st party) and they cover up to $5,000 does this have to be repaid?
No it does not have to be repaid. The only portion his insurance co. would be responsible for is $15,000, not $30,000. It's 15 per person, 30 per incident. (Meaning the 30 kicks in if there are more than 1 person w/ injuries.)

You will have to personally sue the person who hit you if you wish to obtain money beyond the 15K.
 

SANDWICHED

Junior Member
SANDWICHED said:
What is the name of your state? South Carolina. I was in an accident on 2/10/05 in which I was at a complete stop behind a car waiting on a truck in front of her to make a right turn. I glanced in my rearview and seen a SUV coming up on my rear at a high rate of speed, I barely had time to brace myself before he hit me in the rear and knocked me into the car in front of me, my car was totaled and they gave me enough to pay it off and a couple of hundred bucks to keep for myself (we kept the car because it was still drivable). The man that hit me was ticketed at the scene for driving too fast for conditions(it was a 40mph zone). The man that hit me was the one who called the police and never asked was anyone injured, I could barely get out of my car, my back and shoulder were killing me, I informed the officer upon his arrival of my injuries and he didn't call for an ambulance either. I told him my husband would carry me to the hospital and he did once he arrived. This happened right after I left work in the afternoon, clear, daytime. He left about 3 ft. of skidmarks from trying to stop too late unfortunatly. Anyway Ive lost over $2500 in wages, and have accumulated about $8000 in medical. My car was valued @ 7900 and they gave me 7475, but it was enough to pay off the lein on it. My ins has med pay up to 5,000 and are willing to pay, will this hurt my pain and suffering settlement. I am 33 and have 2 kids at home And my (and my husbands-he's disabled and I am the breadwinner-he only draws SSI) 17th anniversary was 2 days after the accident and I was unable to move so our plans were diminished none-the-less, plus my baby sisters bachlorette party was this weekend which I didn't get to attend, my car is still in shambles and they never gave me a rental. I've been to the emergency room 2x and my family physician 5x and she sent me to a PT, then my arm started going numb, so she sent me to a neuro and he gave me meds and put me back out of work, now my doctor has referred me to an ortho specialist....not seen him yet (dont know what that outcome will be. Ive also seen a chiro for 2 wks and quit due to not helping my pain at all. Im worried because this guy only had minimal coverage (10000 on prop. damage) and all I have is uninsured (no underinsured) I havent retained an attorney yet but Iam searching for one, a friend referred me to one yesterday (gonna give him a call Monday). By what Ive entered, what should I expect from this settlement money-wise. I substained injuries to my neck (2 hrs after wreck pain kicked in-whiplash), shoulder, arm and finger numbness, and stomach pain due to lap belt a couple of days after the wreck, and back pain for a couple of days after the wreck, which is mild now but still have severe neck pain and shoulder and arm pain and tingling and still on meds. Sorry so long, I just wanted to be percise. What is the law for the amount of pain and suffering amount in South Carolina?
New Quote-Please reply:)
There were 2 people injured, the girl who was in the car in front of me (his insurance told us that) and myself (middle car). How does that fit in to the 30,000 part of his insurance though? I believe her injuries were minor though.
 

Lynx 36

Member
SANDWICHED said:
New Quote-Please reply:)
There were 2 people injured, the girl who was in the car in front of me (his insurance told us that) and myself (middle car). How does that fit in to the 30,000 part of his insurance though? I believe her injuries were minor though.
Then the max the insurance co. will pay up to would be would be $30,000 split between you both if they were to accept liability.
 

SANDWICHED

Junior Member
Update on rearended and sandwiched

Lynx 36 said:
Then the max the insurance co. will pay up to would be would be $30,000 split between you both if they were to accept liability.
UPDATE from Sandwiched: the girl in front of me was a little hurt, but only missed one day of work and did not go to the hospital or doctor (I dont think they're going to compensate her for her missed day of work either)... found out he has two cars insured on his policy, can't I go after all of the cars listed on his policy to recover all of my medical, wages, and pain and suffering? Reply is appreciated. Thanks.
 

Lynx 36

Member
Quote: "can't I go after all of the cars listed on his policy to recover all of my medical, wages, and pain and suffering?"

No..............
 

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