Advice Needed...Car Accident!

[lizbaby007]

I could really use some advice or opinions or just some support

Heres the long version. My DH and I were involved in a 5 car pile up at the end of May. We were completely stopped at a red-light when we heard loud tire squeling brakes behind us and a loud boom followed by the car behind us being hit into us. We heard another loud boom, crash and then were hit again. We heard a final boom, crash, crash and were hit again. In the end there was us, suv behind us, two trucks and a car. Thankfully no one was seriously injured although quite a few people were taken to the hospital with cuts and bruises.

There was a ton of confusion at the scene with the local small town cops admitting they dont usually deal with this type of accident and their main priority was getting the scene clear. They were pretty sure though that the third vehicle (truck #1) had failed to stop and thus began the chain of event. No problem. We give our statements get the police report number and although sore and shaken we head home.

The first week after the accident DH was contacted by truck #1's insurance and they agreed that after looking at the report and photos of the accident that although their client probably started it, the people behind them were going to be responsible for part of the claim as the second hit (which would be truck #2) was the hardest and they would be responsible for a portion as well. They stated their were some discrepancies on the police report they were waiting to be fixed and then we would go from their. We said ok no prob we will wait to hear back from you.

A few days pass and we hear from another insurance agency. This time it is the person in truck #2 agent. They have determined that although their client says he was stopped they do not believe him based on report and photos and that he would be responsible for about 50% of the cost. They offer to put us in a rental car for the time being and were going to send an agent out to value/view the damage to the car. Ok no problem.

This is where things now start to go South. We hear back from truck #1's agent (the people who started the accident) . They have had the police report amended. It now states that their client was fully stopped and hit from behind. They have also lawyer-ed up. Based on this new info the insurance company sees no fault whatsoever on their clients behalf and therefore would not be fixing our vehicle. They did offer to give us $100 each though. Huh? Um, no thank you.

So we get back ahold of agent #2 and tell them what just happened. They are not impressed and assure us that truck #1 is responsible for partial damage and would be paying us for said damage. In the meantime they have determined our car is a total loss and since it is so old only value it at $1400 of which they are responsible for $700. We say that is not going to work for us cause firstly although the car is old, it ran perfectly, was paid off and got 32 MPG. Where were we going to get another car like that for $1400?? Secondly how were we suppose to get the rest of the money?? So we would just like them to have it repaired. He says he is sure they can work something out.

Fast forward another week. We have now heard from a third insurance agent. This is the last car that hit everyone. There client claims they were stopped when the truck in front of them hit the car in front of them and then bounced off said car to come backwards and hit them. Seriously??? That sound ridiculous. They agreed and also agreed that their client is responsible for some damage but they would not know until the other companies got everything sorted out.

So now we have a 5 car pile up where absolutely everyone is claiming they were stopped. Great. The only stories that match up are ours and the car directly behind us who was also stopped. Both of our stories consistently state on the police report that the first truck started it and we both felt three impacts. It has now been well over a month. We heard back from the second insurance agent. He said that the first truck is still claiming no fault and so this would now be going to arbitration. When we asked what we should do in the meantime he said get a lawyer that this was going to be a long process.

So here is where I would love some advice. Neither my DH nor I have ever been in a car accident before. We were both naive in thinking that this would be an easy fix since we were absolutely not at fault (no one is even arguing that). If we get a lawyer, who pays for that? Everything I read online says that a lawyer would get 1/3 of what your settlement is BUT we are not looking to sue anyone. We just want the car fixed and my DR bills paid (turns out I tore a muscle in my neck and herniated two discs in my lower back during the impact). Our second option is this, our own insurance agency said we can open a claim, paying the $500 deductible and have our car 100% fixed. They would then use their legal team to go after and recoup the cost. They were not sure if we would get our deductible back though ( which of course I do not agree with). I am also concerned that it would affect our rates (even though it would be a no fault claim). If we did that option we still need to try and recoup my DR bills which the Agent #2 has already agreed to being responsible for. Just not sure how much responsibility

I am so sorry for how long this is, it has just been stressing me out to no end. I honestly do not know what to do. I do not want to make the wrong decision and get screwed, ending up out of pocket or in the hole. Has anyone ever dealt with a major accident like this?? What did you do or learn from it?? THANKS!!

 

[DebbieB]

I could really use some advice or opinions or just some support

Heres the long version. My DH and I were involved in a 5 car pile up at the end of May. We were completely stopped at a red-light when we heard loud tire squeling brakes behind us and a loud boom followed by the car behind us being hit into us. We heard another loud boom, crash and then were hit again. We heard a final boom, crash, crash and were hit again. In the end there was us, suv behind us, two trucks and a car. Thankfully no one was seriously injured although quite a few people were taken to the hospital with cuts and bruises.

There was a ton of confusion at the scene with the local small town cops admitting they dont usually deal with this type of accident and their main priority was getting the scene clear. They were pretty sure though that the third vehicle (truck #1) had failed to stop and thus began the chain of event. No problem. We give our statements get the police report number and although sore and shaken we head home.

The first week after the accident DH was contacted by truck #1's insurance and they agreed that after looking at the report and photos of the accident that although their client probably started it, the people behind them were going to be responsible for part of the claim as the second hit (which would be truck #2) was the hardest and they would be responsible for a portion as well. They stated their were some discrepancies on the police report they were waiting to be fixed and then we would go from their. We said ok no prob we will wait to hear back from you.

A few days pass and we hear from another insurance agency. This time it is the person in truck #2 agent. They have determined that although their client says he was stopped they do not believe him based on report and photos and that he would be responsible for about 50% of the cost. They offer to put us in a rental car for the time being and were going to send an agent out to value/view the damage to the car. Ok no problem.

This is where things now start to go South. We hear back from truck #1's agent (the people who started the accident) . They have had the police report amended. It now states that their client was fully stopped and hit from behind. They have also lawyer-ed up. Based on this new info the insurance company sees no fault whatsoever on their clients behalf and therefore would not be fixing our vehicle. They did offer to give us $100 each though. Huh? Um, no thank you.

So we get back ahold of agent #2 and tell them what just happened. They are not impressed and assure us that truck #1 is responsible for partial damage and would be paying us for said damage. In the meantime they have determined our car is a total loss and since it is so old only value it at $1400 of which they are responsible for $700. We say that is not going to work for us cause firstly although the car is old, it ran perfectly, was paid off and got 32 MPG. Where were we going to get another car like that for $1400?? Secondly how were we suppose to get the rest of the money?? So we would just like them to have it repaired. He says he is sure they can work something out.

Fast forward another week. We have now heard from a third insurance agent. This is the last car that hit everyone. There client claims they were stopped when the truck in front of them hit the car in front of them and then bounced off said car to come backwards and hit them. Seriously??? That sound ridiculous. They agreed and also agreed that their client is responsible for some damage but they would not know until the other companies got everything sorted out.

So now we have a 5 car pile up where absolutely everyone is claiming they were stopped. Great. The only stories that match up are ours and the car directly behind us who was also stopped. Both of our stories consistently state on the police report that the first truck started it and we both felt three impacts. It has now been well over a month. We heard back from the second insurance agent. He said that the first truck is still claiming no fault and so this would now be going to arbitration. When we asked what we should do in the meantime he said get a lawyer that this was going to be a long process.

So here is where I would love some advice. Neither my DH nor I have ever been in a car accident before. We were both naive in thinking that this would be an easy fix since we were absolutely not at fault (no one is even arguing that). If we get a lawyer, who pays for that? Everything I read online says that a lawyer would get 1/3 of what your settlement is BUT we are not looking to sue anyone. We just want the car fixed and my DR bills paid (turns out I tore a muscle in my neck and herniated two discs in my lower back during the impact). Our second option is this, our own insurance agency said we can open a claim, paying the $500 deductible and have our car 100% fixed. They would then use their legal team to go after and recoup the cost. They were not sure if we would get our deductible back though ( which of course I do not agree with). I am also concerned that it would affect our rates (even though it would be a no fault claim). If we did that option we still need to try and recoup my DR bills which the Agent #2 has already agreed to being responsible for. Just not sure how much responsibility

I am so sorry for how long this is, it has just been stressing me out to no end. I honestly do not know what to do. I do not want to make the wrong decision and get screwed, ending up out of pocket or in the hole. Has anyone ever dealt with a major accident like this?? What did you do or learn from it?? THANKS!!

I would report it to your insurance company and let them handle it. They should be going up to bat for you, that is what you are paying premiums for.

 

[carissa1970]

Wow. I am sorry you are dealing with all of that! If it were me, I'd go ahead and pay my deductible, get the car fixed, and let my insurance company take on the fight. If you never get your deductible back, $500 is still less than what you'd pay an attorney. I don't know what to say about the doctor bills, except that I'm pretty sure my insurance would cover that as I have medical included, and then they would also try to recoup that. I've never been involved in anything like this, so I don't have experience to offer you. I sure hope it gets worked out to your benefit!

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[Lorelei Lee]

I could really use some advice or opinions or just some support

Heres the long version. My DH and I were involved in a 5 car pile up at the end of May. We were completely stopped at a red-light when we heard loud tire squeling brakes behind us and a loud boom followed by the car behind us being hit into us. We heard another loud boom, crash and then were hit again. We heard a final boom, crash, crash and were hit again. In the end there was us, suv behind us, two trucks and a car. Thankfully no one was seriously injured although quite a few people were taken to the hospital with cuts and bruises.

There was a ton of confusion at the scene with the local small town cops admitting they dont usually deal with this type of accident and their main priority was getting the scene clear. They were pretty sure though that the third vehicle (truck #1) had failed to stop and thus began the chain of event. No problem. We give our statements get the police report number and although sore and shaken we head home.

The first week after the accident DH was contacted by truck #1's insurance and they agreed that after looking at the report and photos of the accident that although their client probably started it, the people behind them were going to be responsible for part of the claim as the second hit (which would be truck #2) was the hardest and they would be responsible for a portion as well. They stated their were some discrepancies on the police report they were waiting to be fixed and then we would go from their. We said ok no prob we will wait to hear back from you.

A few days pass and we hear from another insurance agency. This time it is the person in truck #2 agent. They have determined that although their client says he was stopped they do not believe him based on report and photos and that he would be responsible for about 50% of the cost. They offer to put us in a rental car for the time being and were going to send an agent out to value/view the damage to the car. Ok no problem.

This is where things now start to go South. We hear back from truck #1's agent (the people who started the accident) . They have had the police report amended. It now states that their client was fully stopped and hit from behind. They have also lawyer-ed up. Based on this new info the insurance company sees no fault whatsoever on their clients behalf and therefore would not be fixing our vehicle. They did offer to give us $100 each though. Huh? Um, no thank you.

So we get back ahold of agent #2 and tell them what just happened. They are not impressed and assure us that truck #1 is responsible for partial damage and would be paying us for said damage. In the meantime they have determined our car is a total loss and since it is so old only value it at $1400 of which they are responsible for $700. We say that is not going to work for us cause firstly although the car is old, it ran perfectly, was paid off and got 32 MPG. Where were we going to get another car like that for $1400?? Secondly how were we suppose to get the rest of the money?? So we would just like them to have it repaired. He says he is sure they can work something out.

Fast forward another week. We have now heard from a third insurance agent. This is the last car that hit everyone. There client claims they were stopped when the truck in front of them hit the car in front of them and then bounced off said car to come backwards and hit them. Seriously??? That sound ridiculous. They agreed and also agreed that their client is responsible for some damage but they would not know until the other companies got everything sorted out.

So now we have a 5 car pile up where absolutely everyone is claiming they were stopped. Great. The only stories that match up are ours and the car directly behind us who was also stopped. Both of our stories consistently state on the police report that the first truck started it and we both felt three impacts. It has now been well over a month. We heard back from the second insurance agent. He said that the first truck is still claiming no fault and so this would now be going to arbitration. When we asked what we should do in the meantime he said get a lawyer that this was going to be a long process.

So here is where I would love some advice. Neither my DH nor I have ever been in a car accident before. We were both naive in thinking that this would be an easy fix since we were absolutely not at fault (no one is even arguing that). If we get a lawyer, who pays for that? Everything I read online says that a lawyer would get 1/3 of what your settlement is BUT we are not looking to sue anyone. We just want the car fixed and my DR bills paid (turns out I tore a muscle in my neck and herniated two discs in my lower back during the impact). Our second option is this, our own insurance agency said we can open a claim, paying the $500 deductible and have our car 100% fixed. They would then use their legal team to go after and recoup the cost. They were not sure if we would get our deductible back though ( which of course I do not agree with). I am also concerned that it would affect our rates (even though it would be a no fault claim). If we did that option we still need to try and recoup my DR bills which the Agent #2 has already agreed to being responsible for. Just not sure how much responsibility

I am so sorry for how long this is, it has just been stressing me out to no end. I honestly do not know what to do. I do not want to make the wrong decision and get screwed, ending up out of pocket or in the hole. Has anyone ever dealt with a major accident like this?? What did you do or learn from it?? THANKS!!

If you hire a lawyer he or she will work on a contingency fee basis and take 1/3 of your recovery. Even if you recover all of you expenses, you will be out of pocket a lot more than the $500 deductible your insurance company will charge.

Your insurance company has done many of these arbitrations. They may get your deductible back. Most likely they won't. But you won't have the aggravation of dealing with it. You might have to testify at the arbitration hearing, but by then your car will have been fixed.

Your rates probably won't go up because you were not at fault in this accident.

 

[joviroxx]

Call your insurance, let them handle it. Do not speak to anybody else's agents any longer. Get your car fixed, pay your deductible and let them subrogate. Don't do this yourself, this is what you pay them to do.

If not, you will be taken advantage of and running in circles.

 

[fall08CP]

If you do your research, you can argue the cost of your car to be higher. We were offered $3000 for ours after a hit and run left it totaled. We argued that a comparable car would cost $8000 to buy and insurance gave us that amount. Be firm and don't accept ANY offers until you're satisfied!

 

[lizbaby007]

Thank Y'all! I feel much more confident about opening a claim with my insurance. We both just want to get the car fixed and be done with this whole mess. I feel in the long run the $500 would be less as well I just did not want to mess up our rates because of some other bozo!

 

[lizbaby007]

If you do your research, you can argue the cost of your car to be higher. We were offered $3000 for ours after a hit and run left it totaled. We argued that a comparable car would cost $8000 to buy and insurance gave us that amount. Be firm and don't accept ANY offers until you're satisfied!

Oh, well that's certainly good to know! Thanks!!

 

[Pills]

Agreed with contacting your insurance.

I was hit a couple of years ago by a company's van where the driver was unlicensed and ran a red light. I got their insurance information and decided to call their insurance company; I had previously been in an accident (again, not my fault) by someone that was insured by them, and they were great.

Wrong move.

It took forever to get my car inspected, and repair work didn't start for a couple of weeks. The insurance only covered the rental for 30 days, and I went over because of it. Luckily, it only cost me $110 out of pocket, but it was a lesson learned.

If I had called my own insurance, I would have had my car back in a week or two. I did that last fall when I was hit while stopped (I've been rather unlucky lately), and then let them handle the subrogation. Cost me nothing and I had my car back within two weeks.

 

[Lorelei Lee]

And your auto carrier probably has to pick up your medical bills, too.

In fact, I think it's a good idea to let them do so.

I know you said you don't want to sue, but if your injuries turn out to be worse than you think they are, you might want to change your mind about that. If you settle with the other insurers you may inadvertently waive your rights to sue for bodily injury later.

 

[Shutterbug]

Your rates probably won't go up because you were not at fault in this accident.

She should check with her insurance company first.

 

[minkydog]

This is the stuff for which you are paying your insurance carrier. Stop communicating with the other insurance agents--tell them to get in touch with your carrier. If you have injuries and had treatment at the time or treatments later, such as PT or doctor visits, insurance should be paying that too. Usually, if you file on your medical insurance for injuries that entity will contact you to find out if it was an accident. If it is, they will go after the other parties, including your own auto insurance. I know it sounds complicated, but you need to let them sort it out. You shouldn't be liable for ANY of it.

 

[Frantasmic]

Call your insurance, let them handle it. Do not speak to anybody else's agents any longer. Get your car fixed, pay your deductible and let them subrogate. Don't do this yourself, this is what you pay them to do.

Do this.

My daughter was hit last year by a woman doing a U-turn in a construction zone within 30 feet of a NO U-TURN sign. Lady claimed all along it wasn't her fault (the people should have broken traffic to let her do the illegal u-turn in her mind).

We paid the deductible and get her car fixed. It took 8 months, but finally our insurance informed us that it was worked out and she was actually at fault and we got our deductible returned.

Let your insurance do its job.

 

[Sadie22]

Always talk to your own insurance company as soon as you are in an accident. They will take your recorded statement while the details are fresh. Insurance company lawyers deal with this kind of stuff every day. It can drag on for a long time, so it's to your personal advantage to have your vehicle repaired by your insurance and then they will go after the other parties to get reimbursed.

Many people right after an accident think they are fine and just sore but then later that day or the next day begin to feel the pain of soft tissue injuries or worse. Then they go for medical treatment. Those records would be subpoenaed for any lawsuit.

The contingency fee to a lawyer might come in if you filed a civil lawsuit against any of the parties for your damages and present and future medical treatment. If the insurance company lawyer is in court representing your insurance on your behalf, their pay scale is different and the insurance company handles that.

 

[Dee77]

Not to be a downer but you mentioned that one party has already lawyered up and guess what, fault or no fault on your part, you will still be named in any and all lawsuits.


When I was a teen, my mother and I were on a highway, she was driving and the car in front of us slammed on her brakes, hydroplaned and ended up sideways, taking up the middle and fast lanes. We were in the middle lane and stopped before her and were rear-ended and pushed into her twice. At the same time another series of 3 cars did the same into the front end of car #1 in the fast lane. One of the cars that our car never even touched, or were in sequence with, started a lawsuit and all cars were named in the lawsuit. So I agree that you should stop speaking with the other parties and their insurance agents.

Have you had your car looked at by a mechanic and they said it is a good idea to fix it? I would look into this before making any final decisions.

Good luck!

 

[Hrhpd]

I could really use some advice or opinions or just some support

Heres the long version. My DH and I were involved in a 5 car pile up at the end of May. We were completely stopped at a red-light when we heard loud tire squeling brakes behind us and a loud boom followed by the car behind us being hit into us. We heard another loud boom, crash and then were hit again. We heard a final boom, crash, crash and were hit again. In the end there was us, suv behind us, two trucks and a car. Thankfully no one was seriously injured although quite a few people were taken to the hospital with cuts and bruises.

There was a ton of confusion at the scene with the local small town cops admitting they dont usually deal with this type of accident and their main priority was getting the scene clear. They were pretty sure though that the third vehicle (truck #1) had failed to stop and thus began the chain of event. No problem. We give our statements get the police report number and although sore and shaken we head home.

The first week after the accident DH was contacted by truck #1's insurance and they agreed that after looking at the report and photos of the accident that although their client probably started it, the people behind them were going to be responsible for part of the claim as the second hit (which would be truck #2) was the hardest and they would be responsible for a portion as well. They stated their were some discrepancies on the police report they were waiting to be fixed and then we would go from their. We said ok no prob we will wait to hear back from you.

A few days pass and we hear from another insurance agency. This time it is the person in truck #2 agent. They have determined that although their client says he was stopped they do not believe him based on report and photos and that he would be responsible for about 50% of the cost. They offer to put us in a rental car for the time being and were going to send an agent out to value/view the damage to the car. Ok no problem.

This is where things now start to go South. We hear back from truck #1's agent (the people who started the accident) . They have had the police report amended. It now states that their client was fully stopped and hit from behind. They have also lawyer-ed up. Based on this new info the insurance company sees no fault whatsoever on their clients behalf and therefore would not be fixing our vehicle. They did offer to give us $100 each though. Huh? Um, no thank you.

So we get back ahold of agent #2 and tell them what just happened. They are not impressed and assure us that truck #1 is responsible for partial damage and would be paying us for said damage. In the meantime they have determined our car is a total loss and since it is so old only value it at $1400 of which they are responsible for $700. We say that is not going to work for us cause firstly although the car is old, it ran perfectly, was paid off and got 32 MPG. Where were we going to get another car like that for $1400?? Secondly how were we suppose to get the rest of the money?? So we would just like them to have it repaired. He says he is sure they can work something out.

Fast forward another week. We have now heard from a third insurance agent. This is the last car that hit everyone. There client claims they were stopped when the truck in front of them hit the car in front of them and then bounced off said car to come backwards and hit them. Seriously??? That sound ridiculous. They agreed and also agreed that their client is responsible for some damage but they would not know until the other companies got everything sorted out.

So now we have a 5 car pile up where absolutely everyone is claiming they were stopped. Great. The only stories that match up are ours and the car directly behind us who was also stopped. Both of our stories consistently state on the police report that the first truck started it and we both felt three impacts. It has now been well over a month. We heard back from the second insurance agent. He said that the first truck is still claiming no fault and so this would now be going to arbitration. When we asked what we should do in the meantime he said get a lawyer that this was going to be a long process.

So here is where I would love some advice. Neither my DH nor I have ever been in a car accident before. We were both naive in thinking that this would be an easy fix since we were absolutely not at fault (no one is even arguing that). If we get a lawyer, who pays for that? Everything I read online says that a lawyer would get 1/3 of what your settlement is BUT we are not looking to sue anyone. We just want the car fixed and my DR bills paid (turns out I tore a muscle in my neck and herniated two discs in my lower back during the impact). Our second option is this, our own insurance agency said we can open a claim, paying the $500 deductible and have our car 100% fixed. They would then use their legal team to go after and recoup the cost. They were not sure if we would get our deductible back though ( which of course I do not agree with). I am also concerned that it would affect our rates (even though it would be a no fault claim). If we did that option we still need to try and recoup my DR bills which the Agent #2 has already agreed to being responsible for. Just not sure how much responsibility

I am so sorry for how long this is, it has just been stressing me out to no end. I honestly do not know what to do. I do not want to make the wrong decision and get screwed, ending up out of pocket or in the hole. Has anyone ever dealt with a major accident like this?? What did you do or learn from it?? THANKS!!

You should not be talking to the other insurance companies. They are calling you because they know that often other drivers do not know their rights and will agree to less than what they would have to cough up if they had to work with your insurance company. If they call you again, tell them they need to deal with your insurance company and give them your agent's number.

I would also check your auto policy. Many have a provision that you have to report all accidents even if they are not your fault. I know ours does. By not going through your insurance, you may inadvertently set yourself up for higher premiums.

 

[allison443]

With regard to the liability it does sound like more than the one truck was responsible.
The order of vehicles was you, SUV, truck 1, truck 2, last car, correct?
So if truck 1 didn't stop and hit SUV which then hit you, you would have only felt one impact.
But you stated you felt three impacts. So truck 2 and last car probably hit into truck 1 causing two more impacts to you.
So naturally truck 1 wants the other insurance companies to pay part of the damages.
It sounds like this needs to be hammered out at an arbitration between the insurance companies (my state has those, assuming yours does too)

Also you sound like you were injured in the accident. Have you already had an MRI which diagnosed the herniated discs? Won't you need further treatment for this?

 

[WDSearcher]

Is there a reason you didn't call your own insurance company after the accident? It doesn't sound like you've done that at all. If not, that should be your first call.

Also ... what does the mechanic say about your car? Is it totaled or worth fixing? You say it was an old car, so you need to find a mechanic you trust and ask if the car will truly be drivable if it's just fixed as opposed to you buying a new (or new used) one. Just because it was a great car before doesn't necessarily mean it will "heal well".

Good luck!

 

[phorsenuf]

My question is is how the heck were they able to get the police to change their report? Is that even possible?

 

[etoiles]

These types of accidents are the reason we only have a $100 deductible on our car after being hit THREE times while stopped! Once hit in a traffic jam from behind and twice our car was hit while parked!

I agree with everyone else about going with your own insurance company. The last time our car was hit (while parked) we paid our deductible and they went after the other guy's company for us. It did take a few months and I think we had to inquire on our own but eventually our deductible was returned to us. In the meantime our car was fixed and our insurance company even told the mechanic place to go ahead with extra repairs that other companies might not cover.