Well, it could have been worse... (1 Viewer)

Last evening I was driving home from the library, and it was pouring rain, but not yet dark. I stopped at a yellow-turning-red traffic light and the car next to me runs it. "You idiot" I think. A couple of seconds later, WHAM! , the biggest, loudest shock I have ever felt.
Yep, the car behind me has rear-ended me. It hit me so hard it knocked my Montero Sport 30 ft out into the intersection. Luckily, no one else hit me, cause I was a sitting duck. So I back up a littke bit to ckear traffic, and get out into the pouring rain. The whole rear end is smashed, and the other guys Dodge SUV was crushed in the front. He must have been flying. The ashtray actually got knocked out of my dash, and my driver's side seatback now won't come all the way back up, the spring is probably broken. He get's out and says "The brakes didn't work". Yeah, funny, the brakes on a 2 year old car just stopped working. The guy never even asked if I was alright.
And now, this morning, his "insurance company" says they "don't have him in their system". Great. So now
probably MY insurance company will have to pay, I'll be out my deductible.
The best part is: this is the first new car I have ever owned; all my others were used, and they never got wrecked. So I plonk down 30 grand for a new car, and a year later an idiot trashes it.
Well, at least I can still walk.

The good thing is you are still here and hopefully not hurt too bad. I know how you feel, something like this happened to me a little over a month ago and I know it sucks.

It really sucks trying to deal with another person's insurance company. Hopefully you won't have to bring yours into this. Sometimes you have to really lean on them and make yourself a real pain to get things done. Good luck.

By "brakes not work" probably means he was flying down the road when the light suddenly changed and expected you to continue through the yellow, except you didn't, and he hyroplaned right into the back of your Montero.
Good thing is that you are OK and nobody hit ya from the side.
Jay

You can always replace things, there is only 1 you ! Were you wearing a seatbelt ? Wait a couple of days and see if the effects of getting hit catch up with you. I wiped out a car and it took a couple of days for me to feel sore in the areas where the seatbelt held me in (mostly the left shoulder).
I hate to say it but I can't blame the guy for not fessing up. Rear enders are usually blamed on the person doing the rear-ending. I guess the 'brake story' is his shot at saving himself.

It sounds to me like you need an attorney. This asshole rear ends you and his insurance company has the nerve to act like they've never heard of him? If he's got coverage your attorney will make sure you get a fair settlement and if he doesn't have insurance your attorney will take him for everything he's worth

I've heard some good ones:
"My foot slipped off the brake!"
"I was talking to my kid" :rolleyes
"I was on my way to a job interview." Boy, with an attention span like that I'm sure he was a shoo-in for the job...
But the best was the excuse of the guy who backup up into my front bumper. I was at a stop when the guy in front of me decided to change lanes, but first he had to back up a bit. Suddenly he sped up to a great speed, in reverse, and *WHACK*. He claimed that the car "just accelerated and the brakes didn't work and the car wouldn't stop" - well, I can say for a fact that I never saw brake lights. He must have thought he had his foot on the brake, but I know it was the accelerator. Fortunately he was an honest, if a bit confused, sort because I was sure sweating the situation - I had a caved in front bumper and he had a caved in rear bumper. Apparently there are ways to determine who ran into who, but it's expensive.
Anyway, I know you don't feel like this now - because I never did right after getting hit and having the hassle of getting the car fixed - but remember, any crash you can walk away from is a good one.

Did the police ever come? If the other driver was cited, and you have a waiver of deductible on your insurance, it shouldn't cost you a penny.

Thos.

That sucks, glad it was only property damage and not a personal injury, though. I didn't see it mentioned anywhere, but did you get a police report as well? I was in rather small accident once and the folks that hit me did everything they could to avoid insurance. Luckily, while I was willing to give them some benefit, I still had the police report as evidence to go after them when they stopped returning my phone calls and ignoring my estimates.

This asshole rear ends you and his insurance company has the nerve to act like they've never heard of him?

More than likely the clown just opened up a policy so that he could get his tags and then closed it again to save money. Can't blame the insurance company for that, but you could certainly sue the driver. (and notify the police as well since its a crime)

Oh, sorry, I forgot to mention that the police did arrive, and cited the other guy for following to close, so it's on record that it's his fault. Either way, I still have a deductible I have to pay. My insurance company will go after his, if he does have one, which is still a question.
Yes, I was wearing the belt.
What I'm really thankful for is that I had dropped my dog off at home before going on this little jaunt, so she wasn't catapulted through the windshield. I probably would have gotten myself in trouble if my dog had been hurt because of an idiot.
I really hate the thought of going to a personal injury attorney, because I feel that this sort of thing has gotten out of hand. My back is a little sore, but nothing major. I don't know what to do. I'm self-employed, so any time away from work costs me money.
Remeinder to self: NEVER, EVER go on an optional drive when it's raining/snowing/foggy.
Thanks everyone, for the kind thoughts.
Julian

Make darn sure that you get the money you deserve. Often times you will not know that other areas of your body have been hurt until months or even years down the road. I too know that things have gotten way out of hand but enough to cover a little pain/suffering, your deductable, and any rate increases over the next 3-5 years is what you should get. (Your rates may go up if he doesnt have insurance since they may have to pay).

Best part is that you were able to walk away.

KyleS

Julian, you were very lucky. Glad you are in good health after the accident. Make sure you get checked out, injuries may manifest themselves later on after your body is out of the shock stage. Watch out for neck, shoulder, arm, chest, bank pains. You may need to see a doctor, so in your settlement, don't sign anything that limits the amount of coverage until you are sure you're medically okay. Go for the pain and suffering while you're at it.

I bought a car with cash, paid in full, and no less than 2 months later (after driving a piece of crap for over 10 years) some person hits be almost head-on and totals that car. Life's funny about this sort of stuff.

I did use the settlement and bought another car, same model, a year younger, in the color I wanted, and didn't have to pay anything extra to get that car with the settlement I got. So it sort of worked out.

glad you're OK. Take it easy for a few days, today you'll probably feel you got got a snot beat out of you and be pretty sore all over
A yar ago this past monday I got rear ended on my motorcycle

Same thing happened to me in 1990. I had bought a brand new 300ZX and only had it a few months. I stopped for a redlight and the guy behind me whacked me in the rear.

To his credit he was honest. He said "I figured you were going to run the light, so I didn't put on my brakes till it was too late". When I thought about it I couldn't blame him too much, here in Atlanta running stop lights is par for the course. I actually feel safer going through a yellow than stopping.

I would highly advise seeing a doctor. Back injuries can last forever. I was rear ended in the mid 1980s which forced me to leave my job, and the effects can still be felt to this day - and we were only hit at 20mph. If I knew how long this injury would last, I would never have settled when I did.

I would also in no way agree to paying a deductable if it wasn't your fault.

If he doesn't have insurance, your insurance company should sue him. MAKE SURE THEY DO. If they don't, file a claim in small claims court against him for the cost of your deductable + any other costs you feel are necessary (increased insurance rates for 3 years, etc). Small claims is quick & easy.

Oh, and one other thing: He needs to be cited for driving without insurance. If he doesn't have it, get ahold of the officer who took the report and turn his ass in. Demand that he be held accountable for driving without insurance. If the officer won't do it, demand to see his supervisor. Make sure it gets done. That is a nice hefty fine and if this asshole really didn't have insurance, he should pay for it.

How'd the Montero hold up? I've got a 2000 Montero Sport I bought brand new in late '99 and love it. Traded it in for a new VW Beetle last November and couldn't live without the Montero, so I bought it (the same Montero; they hadn't sold it yet) back from the VW dealership a couple of months ago. Anyway, I'd love to hear more details on how your vehicle held up in the crash.

Also see if you can get a copy of the police report. It can help to have your own copy just in case. I know in PA and OH you are supposed to notify police if you are ever in a accident. I once hit a Turkey with my ranger and it busted up the glass. Since it was not a accident with another vehicle or property I called the state cops up and asked if they needed a report or not. They said they would send a trooper out. He got there before the tow truck did. Filled out a report, took some digital photos, and then waited for the tow truck to arrive. The one time I was rear ended the lady was driving on her mothers insurance and was not supposed to be, so she wanted to leave quickly, I told her if she tried to leave id report it as a hit and run, she stayed. Probably got screwed buy her mom's insurance company but I really dint care. The other time I got rear ended the cops saw it and where there by the time I pulled off the road. The first rear ending was a paid because the lady had shitty insurance company and it took them forever to cough up a check. The second time was great. The other guys insurance called me up the next day. They worked with most ford dealers so I told them who my preferred dealer was and it was all computerized from there. Took the truck in the next day to get a estimate. Dropped it off at the end of the week and picked it up Monday. No paperwork involved and only one phone call to set up a rental.

In this town, it's 3 days after an accident before you can get a copy of the police report. And it's next Tuesday before I can get an appointment to see the adjuster. :frowning: And people think it's hard to get a doctor's appointment!
My back's getting a little more sore, but being a doggie doctor, I hate to go to the people doctor. Maybe.
If it turns out the guy doesn't have insurance, I will call in a favor from my cousin, the police Lt, to make sure he gets charged for it. No insurance seems to be very common around here. There's no reason for it either, since everything is on computer these days, but I guess there are privacy laws that get in the way.
The Montero Sport kept me from getting killed, but sacrificed itself in the process: rear bumper, back hatch, left rear quarterpanel, drivers seat, and who knows what else. After the collision the ABS light stayed on, but it went off this morning when I cranked it up. That's the best handling car I've ever owned, now I'll always wonder if it's 100%.

I would advise against procrastinating when it comes to seeking medical attention after an accident. If you do, and there should be serious, or persistent injuries, you are substantially affecting your ability to sue for damages, since the other party could claim you were injured after the accident, not during, or could make numerous other allegations to avoid being liable for something they caused. Get in and make the complaint now, even if it gets better soon. It is better to have your butt covered than face a potentially debilitating injury with no chance of compensation for it. Take that from someone who has been there.

Back and soft tissue damage can take a long time to heal, and often requires professional attention such as physio or chiropractic. This isn't something to be taken lightly, or you may live to regret it.

Julian, I'm glad to hear you're doing okay, though as others have said, see a doctor!
I also think you should do everything you can to make sure that irresponsible jerk is held accountable for his actions - people like him need to know that they can't get away with reckless driving and having no insurance. If he gets off the hook, he'll just keep on doing what he's doing until he REALLY hurts someone.