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Old 11-01-2012, 01:07 PM   #21
Cethridge
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Quote:
Originally Posted by wackjum View Post
If your wife is hurt, then document all of your bills. Don't go to a chiropractor. Go to your family doctor if you have one.


Here's my take on this: Frivolous litigation counts for probably 1/8th to 1/6th of all of our automobile insurance premiums.

If your wife is not hurt, go through the ambulance's insurance company. Get the car repaired and maybe a little extra for diminishment of value. Move on as accidents happen.

If your wife is hurt, you should probably get an attorney. Look at it as a way to get your wife back to where she was before the accident, not as a lottery ticket.

Some of you in here wanting him to go to a chiropractor or running up a tab are the same ones who complain about stupid lawsuits. Wake up. You're a part of the problem.
I would like to see your reference for the "1/8th to 1/6th of all of our automobile insurance premiums". Perhaps you mean the multi-million dollar retainers these insurance companies pay lawyers? Or is it the "class action" lawsuits levied against companies for $10 settlements?

There is nothing frivolous or stupid about pain and suffering from injuries caused by negligent drivers. How would you feel if the Ambulance driver was drunk? Would that be an accident that you should just chalk up to chance? What if they were texting? Studies have proved that texting is right behind drunk driving in fatalities.

I think you have given good advise, but as for "Frivolous litigation" let me know how you feel about that after your Wife has two plus years of persitent pain that is directly caused by someone else's "stupidity" and you have to deal with Allstate.

Always take a ride and get checked out, it was the other person's negligence that caused your loss. The LEAST they can do is pay for your check up, and they will do the LEAST they can do. If you have issues after that, make sure you document everything and cover your a**. The least they owe you is to put you, your wife, and your property back to the same condition it was before they caused your loss.

Unfortunately, when you are faced with litigation, they look and base all of the settlement from the total cost of the medical bills times X, not the damage caused to your car. IF you have a sore neck that stays that way and then progressively gets worse and you didn't take a ride, you will never be able to proove fault. In our case, the settlement was barely enough to pay for the medical bills and did not cover ongoing issues directly related to to the accident. It took four years for the pain to dissappear, thank she if fine now. That is why Insurance companies want you to settle ASAP.

Always take a ride and keep a journal, hopefully you will not need it.

As for me, if it ever happens again, I will take a ride and call my lawyer on the way to the hospital. Not because I am looking for the "lottery" but because I know there may be complications down the road that may not be noticable directly following the accident. It takes a little time for the adrenaline to wear off...

My rant is over.
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Old 11-01-2012, 01:28 PM   #22
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Quote:
Originally Posted by Cethridge View Post
... I hope your wife heels fast.
Okay, that's uncalled for. Just because his wife got rear-ended doesn't mean we want to know how fast she heels over.

A little sensitivity please, in this their hour of need.
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Old 11-01-2012, 01:47 PM   #23
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Quote:
Originally Posted by Cethridge View Post
I would like to see your reference for the "1/8th to 1/6th of all of our automobile insurance premiums". Perhaps you mean the multi-million dollar retainers these insurance companies pay lawyers? Or is it the "class action" lawsuits levied against companies for $10 settlements?

There is nothing frivolous or stupid about pain and suffering from injuries caused by negligent drivers. How would you feel if the Ambulance driver was drunk? Would that be an accident that you should just chalk up to chance? What if they were texting? Studies have proved that texting is right behind drunk driving in fatalities.

I think you have given good advise, but as for "Frivolous litigation" let me know how you feel about that after your Wife has two plus years of persitent pain that is directly caused by someone else's "stupidity" and you have to deal with Allstate.

Always take a ride and get checked out, it was the other person's negligence that caused your loss. The LEAST they can do is pay for your check up, and they will do the LEAST they can do. If you have issues after that, make sure you document everything and cover your a**. The least they owe you is to put you, your wife, and your property back to the same condition it was before they caused your loss.

Unfortunately, when you are faced with litigation, they look and base all of the settlement from the total cost of the medical bills times X, not the damage caused to your car. IF you have a sore neck that stays that way and then progressively gets worse and you didn't take a ride, you will never be able to proove fault. In our case, the settlement was barely enough to pay for the medical bills and did not cover ongoing issues directly related to to the accident. It took four years for the pain to dissappear, thank she if fine now. That is why Insurance companies want you to settle ASAP.

Always take a ride and keep a journal, hopefully you will not need it.

As for me, if it ever happens again, I will take a ride and call my lawyer on the way to the hospital. Not because I am looking for the "lottery" but because I know there may be complications down the road that may not be noticable directly following the accident. It takes a little time for the adrenaline to wear off...

My rant is over.
Frivolous litigation is exactly what it is... Frivolous lawsuits about nothing.

I never categorized the original poster's injuries or potential lawsuit as frivolous. I was addressing the various posts in this thread telling him to go to a chiropractor (who associates with an attorney) and essentially making up injuries to purposes of gaining a settlement.

Therefore my advice was, if his wife was not injured, then repair the car and move on. If his wife was injured, get an attorney.

Sorry I don't have any figures for you. It was a best guess based on personal observation.
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Old 11-01-2012, 02:13 PM   #24
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Thanks to all for the opinions, we are still in shock of having to deal with all of this. She is sore as expected, can barely walk, and she is just not herself, follow up with Dr is tomorrow and we should know more.
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Old 11-01-2012, 02:17 PM   #25
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Quote:
Originally Posted by Volfy View Post
My sarcasm detector is weak today, so not sure...
Ohh noo, im being dead serious. No sarcasm here.
SHoot, I am all for compensation. Every little thing that has set me back or caused me inconvenience.

I even claim $15 bucks for the dang EZ tag sticker (since its not removable).
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Old 11-01-2012, 02:45 PM   #26
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Quote:
Originally Posted by wackjum View Post
Frivolous litigation is exactly what it is... Frivolous lawsuits about nothing.

I never categorized the original poster's injuries or potential lawsuit as frivolous. I was addressing the various posts in this thread telling him to go to a chiropractor (who associates with an attorney) and essentially making up injuries to purposes of gaining a settlement.

Therefore my advice was, if his wife was not injured, then repair the car and move on. If his wife was injured, get an attorney.

Sorry I don't have any figures for you. It was a best guess based on personal observation.
This is what the OP said:

Quote:
Originally Posted by Mav777 View Post
My wife tied to back board & transported to hospital, not the "typical" car wreck. I hope not anyway.
With all due respect, I don't think you need to guess at whether or not his wife sustained any injuries. Regardless of the outcome, his poor wife will have gone through an experience she won't soon forget and probably would not wish on her enemies. Out of the blue, he day/week/month/year just took a turn for the toilet. And you want them to get the car fixed and forget it - if she is "not injured"?

I have been involved in more accidents than I care to remember. My ex-co-workers used to joke that I should go do advertising for Target, because every other driver on the road sees me as a BIG RED TARGET. By contrast, my wife was only involved in ONE of them, and it wasn't even the worst. Yet, to this day, she is easily spooked in the passenger seat with me driving, whenever she sees some threatening traffic situation. Sometimes her being spooked scares the out me the driver.

What price do you place on that? According to you, we should all just forget about it and move on.

And what is wrong with seeking a chiropractor? First time my car got totaled, my neck hurt like the dickens for a week. I had gone to get checked out by the campus physician (was a student at the time), who told me I got some soft tissue damage but otherwise okay. I listened to her and just took some Tylenol. In retrospect, why do I deserve to suffer for a wk, or longer? What's wrong with seeking the help of some professionals who can help relieve/lessen my pain and quicken the healing? I sure as didn't ask to get whacked by a 2-ton automobile.

Imagining things or not, my neck never felt right for a whole year after that.

I think you meant to say that there are lawsuits and there are insurance fraud. Labeling any of us as encouraging - or having practice - frivolous lawsuits without knowing the fact is condenscending. Heaven forbid your loved ones get hurt in an automobile, you might be so inclined to change your mind.

Last edited by Volfy; 11-01-2012 at 02:48 PM.
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Old 11-01-2012, 03:39 PM   #27
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I don't know who you are or how many lawsuits you have filed. I don't know anything about your situation. I wasn't even addressing you. You seem to be looking for a reason to take offense at my post.


I stand by everything I have said. If his wife was not injured, she should not feign injury. I am not going to quote specific posts in this thread from people who suggested she trump up or feign injuries because that that would be a direct confrontation and everybody is entitled to their opinion.

I don't know if that is her situation. But if it is, then you have my opinion.


But conversely as I have said, if she is injured she should get an attorney. An attorney can help her recover money she did not even know she was entitled to. But the point of this is to make her whole and put her in the same position as she was, not as a windfall or "lottery ticket" like other posts have suggested.


Finally, what is the problem with chiropractors you ask? My advice was to go to the family doctor, not a chiropractor. Take it from somebody who has prosecuted, defended, and mediated personal injury lawsuits... Juries are not receptive to the accident victim who goes to a chiropractor or well-known "accident doctor" immediately after their accident. It looks a lot better to go to the family doctor. If that doctor refers you out to a chiro then so be it but it will be shown that it was a referral.
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Old 11-01-2012, 04:19 PM   #28
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With every post, you make assumptions on the people's motives based on what they recommend in this thread - assemptions that aren't the most flattering, to put it nicely.

You last post advises against seeking chiropractors because "Juries are not receptive to the accident victim who goes to a chiropractor or well-known "accident doctor" immediately after their accident..." Right there, you assume people go to chiropractors fo the expressed purpose of faking injuries.

Family doctors? Try opening up the conversation with "I just had a accident", and see their expression change instantly. Most don't want anything to do with trauma cases. There is a reason they are family doctors. Right, wrong or indifferent, they are afraid to get involved. Ask me how I know.

What difference does it make how many accident I was involved in? Right there you are implying the times I filed accident claims somehow predicts/determines my motives.

I don't doubt there are those who fake injuries and scam insurers. Unfortunately, they make insurers weary, and in turn make difficult those of us who have legit claims. You see this as a clear-cut issue - and lump those of use who do seek legit compensation with the insurance scammers. That offends me.

If you don't know, which you don't. Assume innocent till proven guilty.
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Old 11-01-2012, 05:11 PM   #29
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After being hit by a drunk driver I did go to a chiropractor and yes my attorney worked with them so I had no out of pocket expense. The chiropractor did help alot and I dont feel bad for making the drunks insurance company pay for it.
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Old 11-01-2012, 05:18 PM   #30
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Call your insurance company. Part of what you're paying for is access to their lawyers.
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Old 11-01-2012, 10:21 PM   #31
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Quote:
Originally Posted by iDazzle View Post
Ohh noo, im being dead serious. No sarcasm here.
SHoot, I am all for compensation. Every little thing that has set me back or caused me inconvenience.

I even claim $15 bucks for the dang EZ tag sticker (since its not removable).
Cool. With all the different things being thrown around in this thread, I just couldn't be sure if you meant it or not. Heck, I could not imagine somebody would advise OP and his wife to move on and just get the car fix, if the wife "was not injured".

Never mind she got tied to a board and trucked to the ER, probably already spent a couple of painful sleepless nights in the hospital. Never mind the OP is probably overstressed running back and forth between home, school, work and hospital. Kids (if any) probably needed grannie or friend to come help, while OP stays with wife overight. Never mind this whole weekend's plans are probably shot all the - if not the whole month. Never mind the vehicle is probably in sad shape and lost substantial resale value - even if it is eventually "FIXED". Never mind all the time OP and/or wife have already taken - and will take - of work. Never mind all the time and energy that will be wasted by OP and wife in the months to come to take care of car rental, medical bills, fixing of car, and all the other that goes with being victimized.

Never mind. Period. If the doctor says the wife checks out okay, then just get the car fix. Lift a finger otherwise, and shame on you for filing frivolous lawsuit and committing insurance fraud.

Very wise advice, indeed...

for the insurance co.

My apologies to the OP for hijacking this thread. This brings back a lot of painful (literally) experiences and how I learned the hard way how to deal with insurance co. I only wish I had the internet to do research on when I first got hit.
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Old 11-01-2012, 10:31 PM   #32
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I even claim broken gucci sunglasses, cd's (but who uses cds now a days right) laptop, vase, drinks spillt on "new clothes" and ruining it.
How often do you do this? How many pairs of Gucci shades and laptops have you up so far?
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"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 11-01-2012, 10:54 PM   #33
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Contact their insurance or yours, either way it all gets handled by them.

A lawyer is not always necessary. Its a s***ty move. An accident is an accident. That could happen to any of us weather you get hit or you hit someone. Being on the wrong side of that equation can ruin your life.

*If they refuse to pay, you feel you are being hustled or (lord forbid) things get complicated health-wise, do get a one.*


All the best to you and your wife, and try to remain positive for everything turns out better that way.
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Old 11-02-2012, 12:10 AM   #34
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Volfy dude
Quote:
With every post, you make assumptions on the people's motives based on what they recommend in this thread - assemptions that aren't the most flattering, to put it nicely.
hypocrite much?


The incident that totaled my Fz6 is documented on this forum, along with dealing with the ins. Personaly I found the other guys insurance co more much communicative, informative and of assitance than State Farm. Their value of the bike was also higher than what SF came up with too.
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Old 11-02-2012, 12:40 AM   #35
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I love MH... everything is just controversy..
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Old 11-02-2012, 01:04 AM   #36
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Legitimately injured or not, it's a lost cause.


I'd almost put money towards saying in a year, you'll be exactly where you are if not further back.


Cut your losses and move on, otherwise you're just wasting time.


Feel free to try and prove me wrong. In a year, if what I just said holds untrue, I'll but you and your wife steak dinners. THAT is something you CAN bet on.

You need to remember, you have to live in 'what IS reality', not 'what SHOULD BE reality'
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Old 11-02-2012, 04:54 AM   #37
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Quote:
Originally Posted by Cethridge View Post
I would like to see your reference for the "1/8th to 1/6th of all of our automobile insurance premiums". Perhaps you mean the multi-million dollar retainers these insurance companies pay lawyers? Or is it the "class action" lawsuits levied against companies for $10 settlements?

There is nothing frivolous or stupid about pain and suffering from injuries caused by negligent drivers. How would you feel if the Ambulance driver was drunk? Would that be an accident that you should just chalk up to chance? What if they were texting? Studies have proved that texting is right behind drunk driving in fatalities.

I think you have given good advise, but as for "Frivolous litigation" let me know how you feel about that after your Wife has two plus years of persitent pain that is directly caused by someone else's "stupidity" and you have to deal with Allstate.

Always take a ride and get checked out, it was the other person's negligence that caused your loss. The LEAST they can do is pay for your check up, and they will do the LEAST they can do. If you have issues after that, make sure you document everything and cover your a**. The least they owe you is to put you, your wife, and your property back to the same condition it was before they caused your loss.

Unfortunately, when you are faced with litigation, they look and base all of the settlement from the total cost of the medical bills times X, not the damage caused to your car. IF you have a sore neck that stays that way and then progressively gets worse and you didn't take a ride, you will never be able to proove fault. In our case, the settlement was barely enough to pay for the medical bills and did not cover ongoing issues directly related to to the accident. It took four years for the pain to dissappear, thank she if fine now. That is why Insurance companies want you to settle ASAP.

Always take a ride and keep a journal, hopefully you will not need it.

As for me, if it ever happens again, I will take a ride and call my lawyer on the way to the hospital. Not because I am looking for the "lottery" but because I know there may be complications down the road that may not be noticable directly following the accident. It takes a little time for the adrenaline to wear off...

My rant is over.
Quote:
Originally Posted by Volfy View Post
This is what the OP said:



With all due respect, I don't think you need to guess at whether or not his wife sustained any injuries. Regardless of the outcome, his poor wife will have gone through an experience she won't soon forget and probably would not wish on her enemies. Out of the blue, he day/week/month/year just took a turn for the toilet. And you want them to get the car fixed and forget it - if she is "not injured"?

I have been involved in more accidents than I care to remember. My ex-co-workers used to joke that I should go do advertising for Target, because every other driver on the road sees me as a BIG RED TARGET. By contrast, my wife was only involved in ONE of them, and it wasn't even the worst. Yet, to this day, she is easily spooked in the passenger seat with me driving, whenever she sees some threatening traffic situation. Sometimes her being spooked scares the out me the driver.

What price do you place on that? According to you, we should all just forget about it and move on.

And what is wrong with seeking a chiropractor? First time my car got totaled, my neck hurt like the dickens for a week. I had gone to get checked out by the campus physician (was a student at the time), who told me I got some soft tissue damage but otherwise okay. I listened to her and just took some Tylenol. In retrospect, why do I deserve to suffer for a wk, or longer? What's wrong with seeking the help of some professionals who can help relieve/lessen my pain and quicken the healing? I sure as didn't ask to get whacked by a 2-ton automobile.

Imagining things or not, my neck never felt right for a whole year after that.

I think you meant to say that there are lawsuits and there are insurance fraud. Labeling any of us as encouraging - or having practice - frivolous lawsuits without knowing the fact is condenscending. Heaven forbid your loved ones get hurt in an automobile, you might be so inclined to change your mind.
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Old 11-02-2012, 05:41 AM   #38
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If you need a good lawyer hit me a pm.... My wife
Was hit by a stupid texting, ran a light a t boned my wife. I got a call from the medic that they were in route to the trauma center downtown. She spent 2 days in there. Then the next 9 weeks of doc visits
And then therapy. We had no out of pocket. It was funny the dumb blamed
It On my wife. The 2 guys that helped my wife had written statements that they saw her blow the stop light. It took about 6 months but it was worth it.
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Old 11-02-2012, 08:56 AM   #39
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None of the major accidents I was involved in were my fault. I've gotten hit by 16yr old girl that just got her license 2wks ago, and a guy that was born during WWI. I've gotten creamed head-on numerous times, and rear-ended numerous times. The only way I haven't been hit is sideway, and I hoping real hard that I've over-filled my quotas for a whole lifetime already. Heck I got rear-ended just sitting at the light waiting for a left turn - with my foot on the brake (brake lights ON) and left turn blinkers FLASHING).

Get violated as many times, and then come and tell me to "just move on".

Have your life threatened and disrupted as often, then come tell me to my face I'm a hypocrit.

Being a victim of an automobile accident is no different than being a victim of any other violent crime. It is a violent assault on your property and on your person. People DIE. Would you tell a rape victim to get her lips sewn back up and "just move on"?

Just because people buy insurance to get out of having to take personal responsibility for the heavoc they cause doesn't absolve them of the violent act they exact on their victims. Neither would I demand any less accountability and justice simply because I am dealing with a faceless insurance company.
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Old 11-02-2012, 08:58 AM   #40
civicious
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Quote:
Originally Posted by Mav777 View Post
Yes, cops call, amb driver ticketed.
Totally missed this part. I recant my previous statement.


Get an attorney, and do not sign ANYTHING that their insurance company sends you without having your attorney first look it over.
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