Little Freaked out about Car Accident

[DebbieB]

OP here. The frustration and anxiety are growing. I got the police report. Even though no one was ticketed, they put down the cause of the accident as my "failure to yield". I don't understand how I'm supposed to yield to someone who turns and then decides to back up, but I guess I'm just being too logical.

I'm in a no fault insurance state so it doesn't really matter what the police report says. I've explained the accident to my insurer and they've assured me that in their eyes I am not at fault, which means nothing technically, but makes me feel a tiny bit better. The bad news is that I'm on the hook for my deductible (apparently I didn't have broad form). They told me that I should take the construction company to small claims court to recover the deductible. I just don't know how this would turn out with the police report reading as it does. Would the magistrate/judge look at the evidence in a more objective manner? The police officer certainly did not.

I can shoulder the cost of the deductible if I must, but it's going to take a bite out of funds I had slated for house repairs. The other concern is for my health. This whiplash is very painful, the headaches are so intense the vision in my right eye gets blurry to the point I can't distinguish shapes. I am so anxious and angry that I've barely been able to eat or sleep. I'm just going to have to consider the advice I've got here from family, coworkers and the folks here and decide it i just let this go and make peace with it or if I need to see if a lawyer will take me on.

The one good thing is that the body shop is being so great. They provide free loaner cars while your vehicle is being fixed. They are going to start loaning one to me on Friday even though they can't fix my car until next week. I am so incredibly grateful especially with all the preparations I need to do for our trip.

Thanks to everyone for their advice. It is very meaningful to me.

No fault usually only applies to medical payments, depending on the state. Each driver's insurance pays for their own injuries. Have you seen a doctor? Check how much medical coverage your policy has. That's more important than the car.

If your company does not think you are at fault, they should try to subrogate against the construction company for their part of the claim plus your deductible.

 

[kaytieeldr]

OP here. The frustration and anxiety are growing. I got the police report. Even though no one was ticketed, they put down the cause of the accident as my "failure to yield". I don't understand how I'm supposed to yield to someone who turns and then decides to back up, but I guess I'm just being too logical.

How and why are you supposed to yield to someone backing up out of a street which, if the street you were on had the right of way, would/should/must have had a stop sign if only he'd been facing the right way?

 

[Ladygoldenhair]

OP here. The frustration and anxiety are growing. I got the police report. Even though no one was ticketed, they put down the cause of the accident as my "failure to yield". I don't understand how I'm supposed to yield to someone who turns and then decides to back up, but I guess I'm just being too logical.

I'm in a no fault insurance state so it doesn't really matter what the police report says. I've explained the accident to my insurer and they've assured me that in their eyes I am not at fault, which means nothing technically, but makes me feel a tiny bit better. The bad news is that I'm on the hook for my deductible (apparently I didn't have broad form). They told me that I should take the construction company to small claims court to recover the deductible. I just don't know how this would turn out with the police report reading as it does. Would the magistrate/judge look at the evidence in a more objective manner? The police officer certainly did not.

I can shoulder the cost of the deductible if I must, but it's going to take a bite out of funds I had slated for house repairs. The other concern is for my health. This whiplash is very painful, the headaches are so intense the vision in my right eye gets blurry to the point I can't distinguish shapes. I am so anxious and angry that I've barely been able to eat or sleep. I'm just going to have to consider the advice I've got here from family, coworkers and the folks here and decide it i just let this go and make peace with it or if I need to see if a lawyer will take me on.

The one good thing is that the body shop is being so great. They provide free loaner cars while your vehicle is being fixed. They are going to start loaning one to me on Friday even though they can't fix my car until next week. I am so incredibly grateful especially with all the preparations I need to do for our trip.

Thanks to everyone for their advice. It is very meaningful to me.

You really don't have much to lose. It may cost $75 more to file, but logically most of these companies will settle for the deductible before your carrier tried to gain the entire amount. They are not going to send an attorney to court for more than what your deductible is.

Check your crimes code though, it should have a section for stopping, standing on the. Highway. And contractor vehicles using yellow lights and flag persons.
If a snow plow backs onto the roadway into your path he is wrong. He has to yield to traffic on the roadway until it's clear or a flag person holds up traffic.

The officer is not totally correct. Even emergency vehicles as police cannot run red lights. They have to StOp and make sure traffic is yielding to them. I would check but if you have AAA they may assist in the traffic code defense for you.
Good luck.

 

[smokeyblue]

If a snow plow backs onto the roadway into your path he is wrong. He has to yield to traffic on the roadway until it's clear or a flag person holds up traffic.

This is a good analogy. I live in one of the snowiest places in the country and have heard of this happening and the snow plow was at fault in these accidents.

I did call the Dept of Transportation in my state and he was very interested in what had happened because the project hadn't been reported to them. He told me in an instance where construction vehicles were blocking traffic and there as an absence of any other signage other than "Work Ahead" they should have had a flagger.

I'm just going to file the small claims case for my deductibles. I'm thinking it is unlikely they will even send someone to court to fight this for this amount of money so it would be worth it to file an be done with it.

 

[AnAmericanInDisney]

Check any DOT regulations you can find. I found this handbook, but I think it might be Canadian, still interesting:

http://www.dot.gov.nt.ca/_live/documents/content/FlagpersonsHandbook.pdf

 

[CrAzY4DL]

I was in a car accident in April, t-boned by a man from another country with no USA drivers license who ran a red light, and I'm still in a ton of pain. For your whiplash and headaches, I highly recommend getting some massages, they make a world of difference! I am currently on two pain medications, one muscle relaxer, physical therapy and massages. The massages are really the only thing that helps, even though DURING the massages it's really quite excruciating. This was the first accident I had been in where I had immediate pain, within about 10 minutes of the accident. Ended up having my beloved paid off 12 year old minivan totaled, now I have a car payment and higher insurance since it's a newer car PLUS the other guys insurance, some fly by night company I have never heard of, has determined that I ran a red light and won't be paying anything. My insurance, State Farm, is taking them to court to recoup their costs and my deductible but it could take over 6 months. Super pissed!! He was speeding, in a school zone, ran a red light, no license. GRRR!!

But really, get in for a massage, tell them exactly what happened and what is giving you problems. They will sort you out.

 

[smokeyblue]

I was in a car accident in April, t-boned by a man from another country with no USA drivers license who ran a red light, and I'm still in a ton of pain. For your whiplash and headaches, I highly recommend getting some massages, they make a world of difference! I am currently on two pain medications, one muscle relaxer, physical therapy and massages. The massages are really the only thing that helps, even though DURING the massages it's really quite excruciating. This was the first accident I had been in where I had immediate pain, within about 10 minutes of the accident. Ended up having my beloved paid off 12 year old minivan totaled, now I have a car payment and higher insurance since it's a newer car PLUS the other guys insurance, some fly by night company I have never heard of, has determined that I ran a red light and won't be paying anything. My insurance, State Farm, is taking them to court to recoup their costs and my deductible but it could take over 6 months. Super pissed!! He was speeding, in a school zone, ran a red light, no license. GRRR!!

But really, get in for a massage, tell them exactly what happened and what is giving you problems. They will sort you out.

Wow, that is truly awful. I'm sorry you still hurt. I'm glad the massages are working for you. I think I'm going to schedule one late next week. I start PT on Monday. Luckily I have a decent arsenal of meds for pain, muscle spasms and anti-inflamatories to get me through our trip. I thought about canceling, but my boyfriend is more excited to go on this trip than any other Disney trip we've been on. We talked about it and we would rather have a trip where we take it easy than having no trip at all.

I am so glad my car is repairable. Like you I have a bit of a "gem" and I was so irritated at the thought of getting another car loan since this one is nearly paid off. I *think* it's going to work out. I definitely feel for you. I don't know about you, but I am just so angry and anxious about this I can hardly stand it sometimes. I'm starting to let it go a bit, but it's challenging!

 

[CrAzY4DL]

Oh yes, I'm still SUPER angry! HAHAHA! My new-to-me car is great, it's a wonderful fit for our family but I had it all worked out that the old car would go to my oldest DD next year for her licensing years and THEN I would get a new car for me, not necessarily another minivan. Oh well, sometimes it's just taken out of our hands. I feel I was forced into this decision tho and seriously the pain is so constant and horrible that I am forever super angry at this man. If he had just admitted it, I could move on but to yell at me over and over in front of my kids on the side of the road "bullsh--" and then LIE to his insurance company, GRRRR!!!!