Got in a wreck, what to do?

[GE]

Oh, and disregard about 80% of anything previously said in this thread.

[STRONGNUFF]

Do you have any info on the car that hit you?
1 & 2. Get an itemized bill as well as the medical records from the hospital. Do not go to any of those chiros that you see on TV/billboards, i.e. Accident & Injury, etc. Barring any broken bones, or radiating pain/tingling, soft tissue injuries generally heal on their own in 6-8 weeks. Save all the bills and records from chiros as well. If you're hurt, you're hurt, go see a dr/chiro. Once you're past 6-8 weeks, you should be healed. If not, there needs to be some sort of medical documentation as to the necessity of treatment. If you're still hurting by then, the dr might consider alternative diagnostic tests such as an MRI, CT scan, etc. to determine wtf is wrong. People start having problems when they send bills to an insurance company because of overly aggressive/not necessary treatment early on. They also have probs when they treat for 4+ months with no signs of improvement, and no documentation as to why they keep seeing a chiro, etc. To me, it's just common sense.
Save your bills and records, compare them along with the amount of damage to both vehicles, and any other aggravating factors from the accident, i.e. someone DWI, gross negligence, etc. Then it's anyone's guess as to how much P&S should be awarded. Ages ago, people would just assume 3 times your medical bills would be your P&S amount. Avoid this. If you treat for 6 months, with no reason for treating that long, and rack up $10,000 in medical bills with minor property damage, the average person (read: juror) will not think highly of this. If you have your own insurance, you might also have Personal Injury Protection or Medical Payments Coverage benefits (PIP or Med Pay, usually in increments of $2,500, $5,000, $10,000) that covers bills, etc. but it does NOT cover P&S.
3. Just because your car has frame damage doesn't mean that it should be a total loss. Let's say your car is Actual Cash Value (ACV) is $30,000. Let's say you have $10,000 in damage, including frame damage. The bottom line is that your car, according to industry standards, is repairable and you aren't owed a total loss. This really starts to suck on $50k+ cars with tons of damage. Your only recourse would be to file a diminished value claim. You cannot file this on your own insurance policy, however you can file it on someone else's policy as a 3rd party claimant. This varies carrier to carrier. 10 years ago, every carrier would have laughed at you and told you to pound sand. Generally speaking, most carriers are at least open to the idea nowadays.

Getting an attorney doesn't really effect the value of your overall compensation. Most all of the time, they will get 1/3rd of your settlement. Period. This is money that would be owed to you. Get all your bills/records together and send them to the other person's insurance, outlining the total cost of the bills, and attach a P&S amount that you think is fair. There is no right or wrong answer, in the end, only a jury can really decide this.

I don't mean to belittle at all, just kind of saying how it is. Feel free to PM me and we can discuss over the phone or whatnot. Hope things work out for you.

Right on the money !

[Baron Von Crowder]

Right on the money !

Yep. And to add that assuming you were in the car I think you were, it will most likely be repairable. I'd bet that new OEM parts will be sourced due to the low number of them in the yards.

[DON SVO]

You better be able to race. I suggest tiger blood transfusions.

[LANTIRN]

Their insurance will dick you around. Get the police report, file a claim with your insurance, and they will be in contact with you every step and keepimg you informed. At least that is how my insurance reacted when my wife was hit.

[crapstang]

Should ALL be covered by the person who rearended you, regardless.

[Whiteboy]

Should ALL be covered by the person who rearended you, regardless.

Look at that little Bought and sold list you got going

[Ratt]

Look at that little Bought and sold list you got going

:Like:

[MattB]

What were you driving?

[Mach1]

What were you driving?

2009 Miata

[CJ]

2009 Miata

Ah shit in your miata of all things... I bet that was one hell of a jolt no matter what hit you.

[8mpg]

Sorry to hear that Tyler. Your insurance should get the ball rolling with everything, and you should be reimbursed for any medical bills you've paid.

Bad advice

You arent going to be going after their insurance company, your insurance company should. If you dont think its getting handled correctly then lawyer up and let them deal with your company.

Bad advice

I havent filed a claim in over a decade, but I personally wouldn't even contact my insurance company. Im not sure if this is still true, but even an accident where the other party is at fault, will still be negative to your ins. company. I've heard its called a "zero claim" and only increases your risk level with your insurance. I could be totally wrong, but I've never devulged anything more than I was required, to my insurance company.

I'd call their insurance company, give them the police report number, and get myself and my car fixed asap.

Also, if you're injured, I'd call a lawyer.

That's what I would do, but I haven't had to in years so I could have a poor plan lol. Someone else could clarify.

Good advice in bold...bad not in bold.

The other insurance is going to try and jerk you around.. Your insurance company has lawyers for this type of situation. File a report under your own insurance and let them deal with getting the money. I see it all the time when some other insurance company wants to put some junk yard shit on the other persons car. As far as getting the most out of your car, I would recommend taking your car to a reputable body shop. Get them to disassemble the car and produce an accurate estimate on the car. Once you have the estimate, call the insurance company and get them to issue the check to you (and lien holder). Once you get the check call prestige auto brokers and get a salvage bid on the vehicle. Keep the insurance check and sell the car. There will be some fees involved with the shop for disassembly, but you should come out with a pocket full of $$$.

bold = bad advice
rest is a good idea

Their insurance will dick you around. Get the police report, file a claim with your insurance, and they will be in contact with you every step and keepimg you informed. At least that is how my insurance reacted when my wife was hit.

bad advice







NEVER FILE A CLAIM ON YOUR INSURANCE IF YOU ARE NOT AT FAULT!!! Why would anyone want a claim on their policy? So their rates can go up? So the company looks at them negatively? So they can have an excuse to drop you from their policy? You only file with your company if they are refusing to pay and claiming it is your fault. Id get a lawyer to send them a letter claiming innocence before filing on my insurance.

[crapstang]

Look at that little Bought and sold list you got going

yup, all cheap vehicles. Just my hobby, don't hate too much

[STRONGNUFF]

yup, all cheap vehicles. Just my hobby, don't hate too much

If he added all of the vehicles he had to his sig, it would take up 2 pages every time he posted.

[crapstang]

If he added all of the vehicles he had to his sig, it would take up 2 pages every time he posted.

Thank you, I never knew that, he definitely didn't ever have a link to all his previous cars