Should I get a layer? (1 Viewer)

[marcfj60]

Danise's car got rear ended on Wednesday. The body damage is minimal but her neck isn't doing too good because she was leaning forward and looking to the left when she got hit. She was coming out of the Cottonwood parking lot near the Sears Auto and wanted to turn left onto 7-Bar loop. The guy claimed that he thought she was going because he did not see her brake lights on. She had started to go and then stopped because she saw a car coming from the left. When the guy hit her, it shoved her out into the path of the oncoming car. Thankfully, he had good reflexes and swerved and missed her.

The guy that hit her initially have her a name and insurance policy number and then said "I don't have time for this s#!t" and took off.

A police report was taken a few hours later and then I took her to our PCP about 4 hours after the accident. He prescribed her Vicodin, Etodolac and Cyclobenzaprine. He said it would take several days for her to start feeling better but there should be some improvement each day.

So I called State Farm (his claimed insurance carrier) and they told me the policy was cancelled a year ago. They did give me the VIN since Danise did not get a License Plate number. I gave that to the officer who took the report.

My insurance company is covering this under my collision coverage until they determine the other guy had no insurance and then it will go under my uninsured motorist coverage. But I'm concerned we may have more expensive long-term issues with this. I'm trying to decide whether to contact a lawyer. But I'm not sure what they will do with a guy who doesn't have any insurance. Thoughts?

Marc

 

[Ruadhrigh]

Sorry to hear about Danise and be careful with those meds.

Maybe find a lawyer that will offer free advice. maybe small claims?

We have a lawsuit that just recently reached its three year anniversary with no resolve.

So don't expect a quick resolution....

 

[slimbuddha]

I hope there is nothing serious. Also, I would have her write down as much as she remembers about it. Details about his vehicle, color, etc, what he was wearing, anything and everything. In a couple months/years when you get to telling her side of the story, the notes will be invaluable.

If your insurance company labels it as an un-insured claim, they will likely be going after the guy too.

 

[evanz80]

Marc -

Sorry to hear about this mess, and I hope Danise doen't have any lasting injuries. I would first contact your insurance company and see how they would recommend pursuing the legal angle. I think they will be suing him to recover their expenses and I don't think you will need to get involved directly. That's just my opinion. But I would start with your insurance and get their recommendation on how to proceed.

This reminds me of a collision that my 80-year-old Dad had. He was in a parking lot and some lady backed up right into him. It was clearly her fault and she took advantage of him big time. She apologized and admitted fault, gave him her name and insurance company and policy number... all were fake.

My Dad had probably never been in an accident in his life and didn't think to get her license plate number, driver's license number, insurance card, etc. There was no way to track her down. The more info you get at the time of an accident, the better off you'll be. At least you have a name and VIN# - you've got positive ID of the guy. But it still may up to the insurance company to pursue the legal claim.

Almost makes me wonder if he'd been drinking - how he was in a rush all of a sudden to get out of there. Keep us posted with how things go.

Evan

 

[SteveLCetc]

Sometimes whiplash can take weeks, at least, to show up. Don't sign anything relieving anyone of responsibility.