OT - Car Accident Settlement (Ontario)

[YesDisneyAgain]

Hi DIS friends,

First of all, thank you for the information that you all post that makes life easier on obsessive Disney planners, like myself. I have been a lurker for a while and would seriously be lost without the DIS.

On to my question. My DH was rear ended in December by I believe someone talking on his cellphone. DH was waiting for the red light to turn green and then he heard what he thought was a big explosion. His seat fell all the way back and if you can imagine it, his face looking towards the ceiling, he then saw his trunk crumpled over his head. Although he is still in pain 5 months after, I am thankful he is alive. It could have been much worse. Cop said the other guy hit DH at about 60kph. That might not sound too much, but when you're going at that rate and you hit a stopped vehicle, well, that's a different story. For the stopped vehicle.

Both DH and I work. His work is more physical, and mine is more management type. He earns very good money, but since he could not work, he has only been getting a small income replacement benefit (a small percentage of what he earned pre-accident), and DH has been so itching to get back to work. Unfortunately, his place of work does not allow modified duties and will only accept him if he gets a 100% rehabilitated clean bill of health from his doctor, which his doctor isn't prepared to write right now.

Our lawyer advised us recently that the other person's insurance company wants to sit down and discuss settlement with us to prevent from having to go thru a lawsuit. For anyone that has experienced something like this before, what can we expect at this meeting? Why would you go for the settlement over the lawsuit? And also, just so we go to that meeting kinda prepared (we have never been in this situation before), what $ value will make you settle? Anything to watch out for?

Thank you so much in advance for the help. Much appreciated!

 

[ccudmore]

I was through that once years ago and the biggest advice is to ask these questions of your lawyer. They're getting paid to represent you and should be the one giving you the answers.

The dollar amount is totally dependent on your situation. Your lawyer will have been through this thousands of times and can advise you on whether or not its a fair settlement.

Everyone benefits in an out of court settlement. Everyone pays a lot less in legal fees, there's no tying up the court system (taxpayer savings), and the settlement is reached in months instead of years (as it likely would be if it went to court).

 

[Tower]

Obviously, your lifestyle has been compromised. The lack of DH's income may impact, if not already, your mortgage payment and interest charges on you. What about the family activities you had planned since then, kids sports, family travel, even school plays, that all may count for pain and suffering.
There are many medical bills that I'm sure DH's LTD would not cover that you now have to pay for. That is a base line, double it and the lawsuit will get you back to the baseline.

 

[Gigi22]

OP, your lawyer should be able to advise you what comparable settlements are for the type of injury your DH sustained. You should set up a meeting with your lawyer to get all your ducks in a row before you meet with the insurance co. lawyer.
And, from experience (although many years ago) before you receive any money, your DH will have to sign off that he will not try to obtain more money through a further lawsuit.

 

[North7]

My case happened in 1994 and things have probably changed since then, but here are a few things I can think of. First, I was off work for just about 6 months and my insurance company topped my pay up to 90% of my regular pay as well as covered all medical supplies and private physical therapy... you might want to inquire deeper about this.

Your husband can expect to be examined by numerous medical specialists picked by the other insurance company. Your privacy will also be invaded as the other insurance company does their homework... they will probably have someone watch you, take pictures of what you are doing, and interview people you know to confirm that the injuries sustained are legitimate.

My wife and I were also interviewed seperately by a representative of the other insurance company. Also, my case took about 2 years to settle and that was just dealing with the insurance company... no courts. As with your case, "at fault" wasn't in question as I was hit head on by a vehicle that crossed 2 lanes.

Good luck.

 

[YesDisneyAgain]

thank you all for your responses!

 

[photofreak]

If this accident happened after October 2010, and is in Ontario, MAJOR changes occurred within the motor vehicle industry (thank you government grrr) pertaining to injuries and medical and maximum $$... Investigate deeper and definately consult a lawyer... Not everyone knows about these changes but a lawyer should!!

 

[MedicGoofy]

Several years ago, my brother was sued through insurance by a gentleman he hit on a motorcycle. My brother was deemed at fault, for hitting someone, who was found, speeding and weaving through traffic, on the highway. Because of my job, I was able to find out my the ambulance crew who assessed him on the scene that he had no injuries and walked away. He denied care and transport to hospital. He then, later, after another similar accident with similar cirmcumstances, decided to sue my brother. His insurance company sued through my brothers. Lasted a couple of years, going back and forth. There was no big 'looking into this mans life' because if there had been, it would have/should have been dropped. Turned into a settlement of several hundred thousand dollars for this man. Obviously came though insurance, as thats what it is there for. Just drove my brothers insurance up. Alot.

Why so much??? Lost income...for someone who already wasn't working. Lost time with family. Lost potential for vacation. Childrens lost time with parent. The list goes on. The more loss, the higher the gain.

Talk to your lawyer. They hold your answers.

 

[tgropp]

Several years ago, my brother was sued through insurance by a gentleman he hit on a motorcycle. My brother was deemed at fault, for hitting someone, who was found, speeding and weaving through traffic, on the highway. Because of my job, I was able to find out my the ambulance crew who assessed him on the scene that he had no injuries and walked away. He denied care and transport to hospital. He then, later, after another similar accident with similar cirmcumstances, decided to sue my brother. His insurance company sued through my brothers. Lasted a couple of years, going back and forth. There was no big 'looking into this mans life' because if there had been, it would have/should have been dropped. Turned into a settlement of several hundred thousand dollars for this man. Obviously came though insurance, as thats what it is there for. Just drove my brothers insurance up. Alot.

Why so much??? Lost income...for someone who already wasn't working. Lost time with family. Lost potential for vacation. Childrens lost time with parent. The list goes on. The more loss, the higher the gain.

Talk to your lawyer. They hold your answers.

Does that sound familiar. While my son was going to school in Oshawa, he went through a stop sign and got T-Boned. His fault. But the girl who was involved got out of her car and tried to drag my son out of his car through the window..she was that irate. After things calmed down they were both standing there watching the police do their job when the girls "Biker" brother showed up. He asked if she was allright, she replied yes and he said no your not, you have whiplash. Months later I was served papers while at home. This lady missed no work and took nothing more than Advil but was still awarded $175,000.00. Needless to say my sons insurance (which was through my policy) skyrocketed.

 

[Alderbrook]

I think one of the biggest thing is how long do you want to wait for money? I know 2 people who have been thru this. One lady took 10 years to receive her settlement & my ex took 7 years before he got any money - he was also followed around by private investigators hired by the other insurance company. The court case was always remanded (I finally gave up going because of this) because of some reason or another.

Your lawyer will guide you thru your options & suggest what you should sue for.

 

[seashoreCM]

Several years ago, my brother was sued through insurance by a gentleman he hit on a motorcycle. ... Lasted a couple of years, going back and forth. There was no big 'looking into this mans life' because if there had been, it would have/should have been dropped. Turned into a settlement of several hundred thousand dollars for this man. ... Just drove my brothers insurance up. Alot..

If your brother had had a couple of years of violation free and accident free driving in the meantime wouldn't his insurance not be driven up alot?

 

[MedicGoofy]

Insurance did go up for him. It was high to begin with because he was a young male....after the accident, it was even higher. I believe it stayed at a higher rate for 5 years, when it gets forgiven from your insurance and your rate will start to drop. He is now at a reasonable rate....at 27 years old. Somewhat reasonable rate. He is waiting to hit 30 for another drop. He won't hit a 6 star rating like I have or my parents for a while.

Your insurance will go up regardless of a lawsuit. He was charged with a driving infraction which immediately went onto his driving record. Insurance therefore put up his rates. Stayed like that for years. The lawsuit had nothing to do with that.