Sorry for not being around or answering texts

[Mom2oddson]

Star,

I'm so glad you and DF are still among us. The world would be a much sadder place without you. I had to laugh over the "old biker look". I know a few of those. I would never want to be on their bad side. And heaven help the person who injures on of theirs. They make the momma grizzly bear look like a kitten.

I hope you and DF recover from all of your injuries without too much struggle. Got you two in my prayers.

 

[DammitJanet]

Star, I have several of these stories. As you know we are right now in the middle of this with Billy. They did total out his car because his airbags deployed. They have already replaced his car. I am going to go out on a limb here and say they are going to total your car since the costs to fix it will be more than the car is worth. That is how they figure it. Since your seats came undone and you were hit on the side and most likely have frame damage, your car is totaled. They will probably offer you a few hundred dollars over blue book value. You do need to get a lawyer NOW. I recommend Demayo. He is Billy's lawyer and is wonderful. He works down there too. Columbia, Charlotte Lumberton and a few more cities.

In reality, you will most likely have more issues with your physical problems especially DF. In the words of one lawyer I know, a person who hits you takes his victim as he gets them. So if that person hits a person like me or DF, well they are SOL. The lawyer will help you get to doctors to get all your medical bills documented. Also all your pain and suffering will help you afford the newer car you will eventually need. Now, I realize this is pain and suffering money is going to take a whole lot longer to get in but, until then you can get a hoopdy to just get by but you will have to wait for them to total out your other car. Until then your insurance is going to have to give you a rental if you car is not drive-able

 

[busywend]

Star, I am so sorry that you and DF were in an accident. I am glad you are both alive! I will say that you will likely be involved in some sort of lawsuit, I hope it is not medical because that will mean you have lasting issues from the accident. But, if you do have lasting issues, you deserve compensation for it. That is what insurance is for. It takes a long time. So, you just worry about your health and getting back to the best you can be. Get an attorney and let him/her worry about all the legal aspects. Take care of you!!! HUGS!!

 

[Star*]

Thanks everyone for all your care and concern - and excellent advice. I really REALLY dislike the thought of having to get an attorney, but it seems that is going to have to be. We're supposed to meet this other man in court for the ticket in February sometime. (more fun). He's admitted to all the wrong doing. DF is very upset about loosing the van. We've maintained it for years.....and just put tires on it. and....well neither of us part with things easy. He's not happy at all about the prospect of this dragging out or going to a lawsuit. UGH. Sounds awful. Not looking forward to it at all. But it will be what it will be. I still have to get in for that CT scan. Kinda scared about that. But saw the perfect Tshirt the other day.....

I've put my big girl panties on so many times the elastic is going to snap and when it does I'll be showin' my hiney anyway.

LOL......

 

[FlowerGarden]

Hope you are feeling normal really soon. I can't take Napoxen or Percocet. Advil works better for me. The doctors look at me like I'm three headed but that's just how my body responds. I loved the picking up the cat for the cat scan! Gave me a good laugh!

 

[buddy]

How are you feeling? Just checking in...

 

[DammitJanet]

Star I am going to attempt to call you soon so you better pick up!

You do need a lawyer. You need one for both the vehicle and the pain and suffering, those are two totally different things.

 

[rejectedmom]

Glad you are ok. My personal experience is that when both parties have the same insurance...well they both get screwed. Get the attorney let him deal with the insurance. Say nothing, sign nothing without running it by counsel. -RM

 

[witzend]

Having a lawyer doesn't necessarily mean a lawsuit. It means negotiating the best result for you since the guy has already admitted he's a fault.

 

[Lothlorien]

Glad you are okay and it's not more serious, but this will take time to recover from this, so take it easy. Definitely get a good lawyer. I worked for pain management docs. If you don't get the lawyer, the ins co will take advantage of you and deny you treatment.

 

[Marguerite]

Star, I've been wondering where you were. I didn't send any Christmas cards to the US this year - blame it on my burnout plus past failure of various mail services to deliver.

We don't generally use lawyers for this sort of thing in Australia. However, difficult child 1 had to get legal advice when he t-boned a doctor in a leased BMW while distracted and running a red light. We then found out that although he had his compulsory third party personal insurance, it did not mean he was covered for third party property. Basically, he was uninsured and hadn't realised it (because he thought the compulsory third party insurance meant ALL third party). The accident was sending him into bankruptcy because he had to pay for the BMW and the doctor's insurance company was coming after him. difficult child 1 had only just got married and was ready to sell everything to pay as much as he could. I dug out the bankruptcy laws and showed them that they are entitled to keep A vehicle to about $6000 value (I think it could be more) as well as their own home and their own household effects. All daughter in law's property equity was off limits to the doctor's insurance company.

I finally sat down with the doctor's insurance company and explained to them that you can't get blood out of a stone - if they pushed the kids to bankruptcy, the doctor would get zero. But if they compromised, the doctor could at least get the initial excess paid. I also lined the kids up with a legal aid counsellor who talked them through the final paperwork process.

Yes, my son was definitely in the wrong in that accident and freely admitted it. He had been driving in foul weather in busy traffic and was distracted. But the problems for us were the lack of property insurance on his fairly new car, and his ignorance of this (inexperience). There were thankfully no injuries in their case.

If in the US it is advisable to get an attorney, then do it. For us, our insurance company will provide legal support. However, if you're both with the same company, that would make me nervous too. A second independent opinion might be a good idea. Do you have a motoring association? Are you a member? Do they have a legal advice service? Might be worth talking to them, if so.

Look after yourself, dear friend. We don't want you any more cracked than you were to begin with.

Marg