Need some famous Lounge advice about after a auto accident.

[mwooldri]

Hello,

I know you guys have some of the best collective wisdom out there, so I'm going to ask you.

I posted very early Monday that someone ran a stop light and smacked into me. I called my insurance company, they said right away call the other guys' insurance company. It took two or three calls but I got in touch with someone, and she told me that they are accepting liability for the claim. They have provided me with a rental car, at least until Friday. Their adjuster is apparently going to look at my vehicle today but it's 3pm and I haven't heard anything yet, so I'll call tomorrow and see what gives.

I think the vehicle is a write-off. The police officer estimated $5,500 worth of damage to my vehicle, a 2004 Ford Focus. According to NADA its value is $6,000 new retail. I owe about $4,300 on it (financed). NC law states that if the repair cost exceeds 75% of car value, then it is considered a total loss.

Now here's the advice I need help with.

1) I received 7 solicitations in the mail today from "personal injury lawyers" and 2 from chiropractic clinics. Should I be following up with any of them? My back does hurt a bit after the accident but it's not unbearable right now.

2) Considering that the car will be a total loss, I think I will be able to get financing for a new one, I think the budget will be about $12,000. Any new car recommendations? Yes I commute to and from work, cart my son to and from school, and my wife has the minivan so we don't need that (we cart around my sis-in-law's kids at the weekend and the van gets used to cart stuff around too, it really is a necessary vehicle). I'd like to buy American, though my first two cars hardly inspired confidence - my 1997 Plymouth Neon's transmission went pop and blew a head gasket twice, and my 2000 Ford Windstar ... well the car loan lasted longer than it did. The Focus really is quite a nice car but I want something different. Maybe a Chevy Malibu (upgrade a little) ?

Appreciate your advice, cos you guys really do help out when it's needed.

Regards, Mark.

[NJmaverick]

1. If you feel the need to seek medical attention

go to a real doctor or chiropractor, not an ambulance chaser.

[TZ]

2. Indeed.

In fact try to go to your OWN doctor. If you really are injured this is the best bet.

[conscious evolution]

24. I agree

[DarkTirade]

7. 2nded.

[mwooldri]

18. I'm hearing this advice loud and clear. My docs in the morning! nt

[Critters2]

3. Talk to your own physician about the need for medical care.

Stay away from chiropractors who contact you after an accident. There's reason to question their ethics to begin with, and it's possible your insurance won't pay for it if they have a bad rep.

I wouldn't contact a lawyer unless you have trouble getting the other guy's insurance to pay up. And even then, get a recommendation from your insurer. I'd stay away from "ambulance chasers".

As to a car, I have a Focus, too, and think it's a great car. If you want something a bit larger, and want American, maybe a Fusion. My experience with GM hasn't been great (but that was 20 years ago), but I've always had good luck with Ford. YMMV.

[mwooldri]

16. Others have posted and yep, I'm calling my doc in the morning.

See if he's in and if he can squeeze me in tomorrow.

I did test drive a Fusion and wanted one at one point but couldn't afford the payments; was enticed by another advert from a dealership whose promise was actually too good to be true.

Their insurance company hired me a Chevy Cobalt right now, my only complaint is that the seat is kind of hard but otherwise it's OK.

[DS1]

4. Your insurance company told you to call their insurance company?

What lazy bastids!

[mwooldri]

10. Maybe it's just the way things are done in NC? Or am I just naieve?

Do different states do it differently? I know in UK you would definitely contact your own insurance company and yours would then sue theirs... with the nice merry go around knowing that eventually they will sue back... but my wife told me it's a case of me contacting the insurance carrier of the party that injured me.

Thanks for your input, Mark.

[GOPisEvil]

11. You have two choices.

1. You can pursue a claim through your own insurance, who will then attempt to recover from the other party.

2. You can file a claim through the other carrier. It's easier (and cheaper) to just go through the other carrier directly.

[Deep13]

5. Make a police report. See a medical doctor.

The doc will probably want X-rays to make sure nothing is broken. Save the receipts for the defendant's insurance. Do not go to a chiropractor unless the medical doctor orders it. Insurers know they are not real doctors and will think you are trying to inflate the claim.


If you continue to be in pain or have any medical damage from the crash, then contact a lawyer. Keep a diary of your discomfort. Do not rely on direct solicitation. While ambulance chasers generally know their business, the ability to advertise does not necessarily make them good advocates.

I worked for a personal injury firm for two years. I am not an expert, but I know the basic pitfalls. This is not professional advice, just a friendly suggestion.

For a car consider a Honda Civic just off a 3-year lease.

[mwooldri]

15. Police report was already filed at scene of accident.

If you want to check it out, our PD have them all online now http://p2c.greensboro-nc.gov/main.aspx and my report # is 20081222016 - would I need to do anything extra? I wouldn't have thought so.

From other people posting here, I'm probably going to go to my own doctor as soon as I can be fit in, just to be on the safe side. I did call one of the chiropractors who did solicit me, they do "regular" chiropractic work too but their website seems geared towards auto accidents. I'll probably "delay" that appointment now.

Thanks for your help, Mark.

[GOPisEvil]

6. If you have your own doctor, see him or her.

Advise the liability adjuster for the other insurance company that you will seek medical attention. They should cover any out of pocket expenses and reimburse your health insurance provider.

As for a new American car, Fords have the best reliability. At least within the first 90 days of ownership.

Edit - if the other company has accepted liability, there is no need for a lawyer at this time. Now, if they start to stiff you on settlement, then find an attorney. One that does NOT solicit through police report information. That is smarmy.

[mwooldri]

17. Others have said it - I hear you!

I'm calling my doc tomorrow.

I had another thought. We contacted a general attorney who appears to handle all cases except criminal about a debt problem (that's still in litigation, had our court case heard, awaiting judgment). Maybe he'd be a good point of reference, he's certainly no "ambulance chaser".

Problem is I guess it would seem all the lawyers in town are "ambulance chasers" - there's lots of them! My father-in-law says I'm probably going to get more mail soon.

As for Fords, hit and miss for me. Miss: 2000 Windstar. Hit: Ford Focus (in my case, literally).

Personally I want to keep lawyers out of it too.

Mark.

[snooper2]

8. your not getting a "new" car for 12,000

unless it's one of the 100,000 mile disposable versions :)

I recommend a slightly used Grand Prix- of course I have one and it's been great...computer says 26mpg average but it gets 30 easy on the highway...they are all usually nicely loaded


Price $11,500
Mileage 18,000
Body Style Sedan
Exterior Color Red
Interior Color Grey
Engine 6 Cylinder
Transmission 4 Speed Automatic
Drive Type 2 wheel drive - front
Fuel Type Gasoline
Stock No. 122842
VIN 2G2WP552781122842

[mwooldri]

14. Would that be YOUR Pontiac Grand Prix?

Yep, I know I am not getting a "new" car, though my Ford Focus "new" in 2004 was 13,000-ish. And I got finance on that one quite easy - despite already having one other car loan, student loans, credit card debt and other obligations - I had to co-sign with my wife, but she didn't have any actual income at that time and still had her obligations too.

Mark.

[Rabrrrrrr]

9. 1) Go see your own doctor, 2) Find a new insurance agent; one that does his own job.

3) By a Mustang GT.

Seriously, though, on the first two - you need to go to your own doctor, and you need to fire your insurance agent, who should have done all that work for you. That's what you pay him/her for.

[mwooldri]

12. Point taken on #1, as for #2...

... how can you fire your insurance agent without firing your insurance company? I'm with State Farm and yes I know people may give them a bum rap here but they've been great to me and my agent was great at first (well the agent himself was) - we had Progressive as our insurance, I had a major wreck just after Thanksgiving in 1999, and totaled the car. A tanker truck was spilling diesel down the Interstate, it was raining, and I skidded on a patch. The police didn't hand out any citations but the insurance company considered me "at fault". My rates were raised in 2001 somewhat astronomic and I started shopping around. I explained my situation to the State Farm agent (who will remain unnamed at this point) and he said that he'd get me insured as if I had no "insurance points" and gave me the best quote going. Since then he's got my entire business.

I must state though that when I did call the office and explained that I was hit at the stop light by this person running the red light, they did say that if I did have any trouble that I should call them back and they were the ones to provide me with the direct number with the red-runners' insurance company.

As for #3, I'd be buying that Jeep Wrangler than a Mustang GT, though Mustangs are cool cars in general.

Thanks for your input, Mark.

[hippywife]

21. Don't worry about firing your insurance company.

I worked for a property and casualty company for almost 10 years. If I remember correctly, you always contact the insurance company of the party at fault unless you live in a no-fault state. In no-fault states, you file the claim with your company, pay your deductible, and they enter into subrogation against the other company for the damages. You can also sometimes request subrogation by your company if the other company is giving you the run around. Once the two companies settle the subrogation, then you get your deductible returned.

It was back in the 80's when I worked insurance, so unless things have changed, which is highly possible, then that's the way it's always worked. If I'm remembering this incorrectly, someone please correct me.

As far as a new car, if it were for myself I'd get a Mini, but other than that, I'd get a Toyota hybrid, either Corolla or Accord.

Good luck. I hope it all goes well for you. :hi:

[FloridaJudy]

13. Go see your MD or Chiropractor now

My ex had his neck seriously thrown out of whack when some jerk rear-ended him at a stoplight (she then had the chutzpah to make anti-Semitic comments about his claim). If you do need some sort of treatment for continued back pain, your claim will be more believable if you seek care early. BTW, it wasn't the MD - or the Chiropractor - or the Acupuncturist - who finally resolved my former husband's neck pain: it was a Physical Therapist. If you continue to have back pain, ask your doc for a referral to one.

[mwooldri]

19. am going to check in asap with the regular doc.

I'll probably be Ok though.

Thanks again, Mark.

[Lady President]

20. You've been given good advice

I confess that I am a lawyer for an insurance company. (Hey, a lady needs to make a living.)

In general, you've been given good advice. I would suggest going to an urgent care center. The sooner you seen a doctor the better. The staff is going to be more accustomed to writing medical reports with the right insurance buzz words. Also, a lot of family doctors (including my own) won't see patients after car accidents because they don't want to risk having to take off time to testify at trial. If your doctor has this policy, don't worry about it-- it's not you.

Obviously, it is up to you about seeking out counsel. It sounds like the other driver's insurance co. is doing right by you so far. If it looks like you will need extended medical care, then ask friends or call the Bar Association for a legal referral. I'd pass on anyone that solicits through the mail.

Mainly, it good that you are okay. :)

How about a Honda Accord? It not American, but its at least made in America. I really like mine.


** FYI, I don't work for either of the insurance companies you mentioned, so no bias here.

[mwooldri]

23. That's something I hadn't thought of... the urgent care clinic.

I guess maybe all I just want is a good check over and someone telling me I'm going to be fine, which I probably am... but my back does hurt.

Maybe our newly discovered "family lawyer" will help! At least some of his services are covered under the Legal Services Plan that we have through work, so at least calling him and asking his advice may be a good thing.

Thanks for your help again, Mark.

[Shardik]

22. Sounds as if you've been getting pretty good advice.

In the $12K range, you might consider a Kia. 100,000 mile 10 year warranty. I've owned a Kia Amanti for a little over two years and have been very happy with it.

Good luck with the settlement.

[mwooldri]

25. Hmm.. a Kia? Well...

I wonder if their warranties are transferrable... our credit union has a relatively new Kia on their Repos sales list / auction list with low mileage. If they can finance you they'll knock the rate down to 0% if you will go with bidding price or higher.

I know I get good advice here. That's why I asked for that famous Lounge advice :) Collectively, you guys have not done me wrong and I'm proud to be associated with this site as a poster and donor.

Thanks again, Mark.