John from Riverside Posted March 28, 2007 Posted March 28, 2007 I have never done this before ever.....and I am nervous about doing it A little background. Towards the end of last year I was at a standstill fixing to make a turn onto the street where I lived when I was struck from behind by a teen who was going way to fast and couldn't stop until too late. It cost 9K damage to my Huandai....thats right NINE THOUSAND to my Accent that I paid 11K for. Triple AAA refused to just give me a check and forced me to accept them fixing my car. I have only been driving it a short time but I can tell I do not have the same vehicle (which was a 2005 and drove like new before the accident) now it is off alignment and I have little pings and noises coming from it that were not there before. As for me....I was hauled off to the emergency room by ambulance strapped down to a board. While I suffered no broken bones I had severe whiplash and pain in both my upper and lower back. My own physician could not examine me correctly because she said my back was "too swollen" I went through months of physical therapy and I am feeling better.....but I dont know if my back and neck will ever be the same.....my lower back is weak and I simply cannot lift like I could before (I am a avid gym goer and weight lifter) and I still get pain in my back and neck for absolutely no reason at all at different times that comes and goes. I was in extreme pain for months....I could not regularly take the medication I was given because I still had to work to support my family and I have to commute a hour back and forth to work (too much danger of falling asleep at the wheel) on some days I just had to call in sick because I was in too much pain. I couldn't do ANYTHING during this time and to be honest it still limits me from where I was to this day. PT wasn't doing much more for me and I had to take time off of work for that so I stopped doing it. My wife is telling me that I need to file my claim for my suffering.....and Triple AAA wants me to come in and give a statement...but I am nervious as hell about it and keep putting it off. What are they going to do? Tell me that I am not hurt? Try to downplay it? That is only going to make me angry. I know that I need to either see them or see an attorney....but I am torn as I have never done this before.
KD in CA Posted March 28, 2007 Posted March 28, 2007 Sorry to hear about your accident....that's a crappy situation. I can't really comment on AAA's liability (depends on what they cover), but how about a lawsuit against the punk for reckless driving? It seems to me that it's his insurance company that should be making you whole for your injuries. My one time on jury duty was an auto accident case. The poor lady got T-boned so hard her SUV rolled over. The other party's insurance company said she was faking her injuries but we decided pretty quickly to give her what she was asking for (not a huge amount btw, less than $100k). Good luck
tennesseeboy Posted March 28, 2007 Posted March 28, 2007 get a good personal injury attorney...you're already kind of late in the game. Insurance companies will screw you. That is just the way it is. I had a case involving a truck that hit me, totaled the car and knocked me unconscious and hospitalized me..some permanent damage...and I couldn't get the insurance company to come up with anything appropriate. I was reluctant to hire an attorney on principle, because I've been a defense attorney for twenty-five years. Silly me. Got a good PI attorney and we're on the verge of an appropriate settlement.
JimBob2232 Posted March 28, 2007 Posted March 28, 2007 I'm confused how AAA (or Triple AAA if you please!) got involved in this....seems like the guy hit you, his insurance pays to fix your car. Unless AAA is offering insurance now...I am confused as to what role they are playing in this...
John from Riverside Posted March 28, 2007 Author Posted March 28, 2007 I am apprehensive about going to a lawyer because of what happened after the accident. I went on the advice of a friend and went to a injury lawyer less then a week after it happened....I was in horrible shape. Still had that stupid donut thing around my neck because of the whiplash and could barely walk, sit down, do anything That SOB sat there behind his desk and basically laughed at me....telling me that I wasn't that hurt and that he would take my case but "dont expect to get rich from it" I have never felt so embarrised in my life....I WASNT looking to get rich.....I was just looking for advice on what I should do next and what my rights WERE. It was a bad experience. I also don't know what fair compensation is.....I dont want to break the bank on Triple AAA but to be honest I dont think I will ever be the same again. If I got fired from the job I am at I couldn't never do anything where I had to do manual labor......before I could.
John from Riverside Posted March 28, 2007 Author Posted March 28, 2007 I'm confused how AAA (or Triple AAA if you please!) got involved in this....seems like the guy hit you, his insurance pays to fix your car. Unless AAA is offering insurance now...I am confused as to what role they are playing in this... Isn't that why people buy car insurance? It isnt just to pay for a car being repaired.
JimBob2232 Posted March 28, 2007 Posted March 28, 2007 Isn't that why people buy car insurance? It isnt just to pay for a car being repaired. Is AAA either your insurance company or the insurance company of the guy who hit you? I guess, when I think of AAA, i think of them as the guys who will jump start your car, tow your car, give you travel directions, etc... and I dont think of them as the guys who could be held financially responsible for the maintenance of your car or your health. Thats my confusion.
theesir Posted March 28, 2007 Posted March 28, 2007 Thats my confusion. Me too.... I had no clue that AAA was an insurance provider.
Mile High Posted March 28, 2007 Posted March 28, 2007 With 9k in damage to an Accent they should have totaled it, you shouldn't even be worrying about this car right now. You should be driving a new vehicle. Sounds like the insurance adjuster misjudged something along the lines and should have scrapped it. When there is that much damage done the car never drives or responds the same.
theesir Posted March 28, 2007 Posted March 28, 2007 I hope you never get hit.... in the reeeaaaar again.....
Bungee Jumper Posted March 28, 2007 Posted March 28, 2007 Isn't that why people buy car insurance? It isnt just to pay for a car being repaired. The kid's liability cover should cover EVERYTHING (depending on state laws, but I doubt CA's any less protective of car accident victims than VA). Your medical bills, therapy bills, lost income, cost to repair or replace the car. Everything. That's what liability coverage is for. You shouldn't be out a damned cent. Neither, for that matter, should your insurance company.
BillsFanNC Posted March 29, 2007 Posted March 29, 2007 Like others said you need an attorney yesterday. I was in a serious wreck last Septemeber that was not my fault. I suffered a bad break to my tibia, and I'll likely end up blind in my left eye. The adjuster was trying to call my wife while I was still in a 10 hour surgery to likely attempt us to bite on an unreasonable settlement. Since my family was quick to get an attorney to represent us, we knew better and just referred the adjuster to him. Yes the attorney will get ~1/3 of whatever settlement you might receive, but you just won't get a reasonable offer otherwise.
Chilly Posted March 30, 2007 Posted March 30, 2007 Triple AAA? Would that make them, God forbid, AAAAAAAAA?
Live&DieBillsFootball Posted March 30, 2007 Posted March 30, 2007 There are lots of A-hole lawyers out there. You need to talk to a couple more until you find one that you are comfortable with. One problem with being in an accident with a young kid is that he might only have the minimum liability insurance and may not have any assets to go after in a lawsuit. Once that $20,000 or so of liability insurance is exhausted, you can go after your own insurance if you have uninsured/underinsured motorist coverage. Good luck with it!
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