The consequence of idiot drivers

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menschmaschine

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Sorry, this is a long one...

I was driving to work yesterday morning on a country road near home and someone coming in the opposite direction to me started to turn left, right in front of me... and then kept turning into me before I could do anything besides hit the horn and slam on my brakes. Turns out it was some high school chick on her way to school who wasn't paying attention... I don't know if she was texting or on the phone or what, but all I remember thinking before impact was, "don't they see me?... are they going to keep turning?" Of course it all happened in a split second and I did everything I could.

So, the impact was hard. I was doing around 50 mph and she was probably not far off that in her speed even with the turn she was trying to make. My airbag went off and between that and my seat belt, saved my life. Through the smoke from the airbag, all I remember doing was screaming, "oh my god! oh my god!" I jerked open the stuck door and immediately felt my foot in pain and a few other pains on my body, but I seemed to be in one piece. My glasses had flown off my face, so I couldn't really see anything. I limped over to her car. By that time, passers-by and by-standers came out and were pulling her out of her wrecked car. She just layed on the road in the fetal position screaming and crying.

I limped back to my car to try to find my glasses and by-standers were warning me to stay away because they thought the truck was going to start fire or explode. I finally found my glasses and cell phone on the passenger-side floor and called my wife. By then the ambulances arrived and loaded us in on flat-boards with neck braces and off to the hospital.

After numerous X-rays and CAT scans, they figured out that I have the normal whip lash (they were treating me like my neck was broken until they confirmed by CAT scan that it wasn't) and my right foot is fractured in 6 places. This is because my foot was slammed on to the brake pedal and the impact forced engine components into the floor right under my foot, breaking it. Other than that I just have soreness and bruises... the seat belt left a bad bruise on my left shoulder blade and my inner lip is a bit cut up from my teeth when my face hit the airbag.

The nurses at the hospital said the other driver is just bruised up a bit. I don't know how she got off so lucky since she was driving an old Ford Taurus and I was driving a new Toyota Tacoma. I guess the point of impact on my truck was worse than on her car as far as driver protection goes. Fortunately, the car she was driving is insured. My new truck is totaled. The state police told me that there was a witness to the entire accident who corroborated my side of the story... that she just turned right in front of me.

So, I have a cast on my right leg for 6 weeks and can't go to work, can't drive, can't brew, can't finish my brew shed, and will have to pay someone to mow my lawn for the rest of the season. On top of this, my wife is due with our first child in 4 weeks. After talking with my insurance company today, I'm going to lose a couple thousand dollars on my truck since it was new and totaled. I just bought it 6 weeks ago, but I obviously won't get what I paid for it. I'm waiting to hear from the other driver's insurance company to see what they will be doing for me. If it's not fair or enough ("pain and suffering"), I guess I'll have to hire an attorney, though I'm not the letigious type.

I guess I'm happy to be alive. Here's my truck:

100_0898.jpg
 
If You are unable to brew for 6 weeks the Pain and Suffering settlement should be substantial :D. I bet that with all that time to think about it you will figure a way to brew. I shot a deer several years ago with a broken wrist (after falling from a tree stand) neccessity is the mother of invention. Glad everyones injuries were not more serious.
 
Get yourself a lawyer and don't worrying about being sue-happy. She totalled your truck and people saw it. You are laid up unable to work and this is going to seriously cramp your style when you wife gives birth. You don't have to go for a million, but make sure your truck is paid in full and you recoup all your lost wages. If you can determine she was texting or talking on the phone throw the friggin book at her.

Don't mix the pills with the booze...
 
Damn dude, hope you heal up quick!!! You really do need to get a lawyer. I am not one to try and make a quick buck or sue someone either but I just had to get one for an accident I had almost 2 years ago. If you have any questions at all about insurance PM me. I'm a licensed agent in DE so I can probably answer any questions you have and trust me when I say that they will probably try and screw you over at every chance they get.
 
Oh, I'm so glad that you "only" have a broken foot and whiplash. You could have been killed. Thank goodness that your wife and family still have you.

Things like that have happened to me, but only as very close calls. I think that many people just don't look- they are just not really paying attention because they are in "rote" mode. They drive that way all the time, and just don't think about it any more.

Sorry about your truck, your foot, and your neck. For a short period, it looks like your wife will have two invalids to care for. Thank goodness she wasn't with you at the time!

I'll be sending good thoughts your way. Keep us posted.
 
If she has State Farm, Farmers or Allstate insurance get a lawyer... NOW!

Only have personal experience with State Farm but have been told by reputable sources that the three listed are awful to deal with.
 
Get yourself a lawyer and don't worrying about being sue-happy. She totalled your truck and people saw it. You are laid up unable to work and this is going to seriously cramp your style when you wife gives birth. You don't have to go for a million, but make sure your truck is paid in full and you recoup all your lost wages. If you can determine she was texting or talking on the phone throw the friggin book at her.

i agree with all this. you have every right to be able to put this all behind you no questions asked.
 
If You are unable to brew for 6 weeks the Pain and Suffering settlement should be substantial :D. I bet that with all that time to think about it you will figure a way to brew. I shot a deer several years ago with a broken wrist (after falling from a tree stand) neccessity is the mother of invention. Glad everyones injuries were not more serious.

How did the deer get a broken wrist? Poor thing.
 
If she has State Farm, Farmers or Allstate insurance get a lawyer... NOW!

Only have personal experience with State Farm but have been told by reputable sources that the three listed are awful to deal with.

Liberty Mutual are THE WORST. Not returning phone calls, playing the "delay anything you can" game, just awful. Big time scammers, that's all they are. If you're going against them, you really need a lawyer, and a good one, too.

I'm glad everybody came out alive from the accident. If I was a religious person (which I'm not), I would say "praise the Lord" :D
 
Glad you are OK. I got taken out by a 16yo girl in an intersection driving my honda a couple years ago. Cop said it would take a miracle to convince him it was my fault. I asked him to tell my insurance company that :) Insurance covered everything.

Riding a bicycle regularly, I get to see the stupidest things drivers do regularly. I was nearly taken out by a schoolbus the other day. The driver had to stop regularly to disgorge her cargo of schoolkids which allowed me to catch up to her and snap a photo of the license plate. I pulled up along side of the driver at a red light, and shouted "I hope you lose your job!" at grandma meth driving the bus. Photo didnt come out.
 
Glad no one is seriously hurt.
Best of luck with your injuries and upcoming new baby.

Like someone else said, don't mix the pills and booze.
That alone is grounds for pain and suffering suit. Smashed truck, broken foot, missed work, missed brewing, missed drinking.

Take care
 
Lucky and ignorant go hand in hand,

I am sure that your state has Anti-texting driving laws,

I do understand the "high school girl" syndrome.

I will never ride a motorcycle again thanks to a 16yr old girl that ran me over with her Lawyer daddy's Suburban.

I am glad to hear that all you have is a broken foot, I am sorry that you have to mis out on several important things.


-Jason
 
I would have to agree with the general sentiment, "Get a lawyer". I'm not a get rich quick type, but with everything there is to consider, you don't want to end up with a new truck, but end up with other issues to pay for because the offer they laid in front of you looked like a legitimate deal. I'm assuming you don't look over insurance forms all day. The person they send to deal with you does, and I'm sure he'll try to sweet talk or bully you into signing away liability. So simply from a personal protection perspective, cover your backside and get a lawyer.

And keep track of everything you spend that you wouldn't have had to before the accident. Even the kid down the street who will have to mow your lawn while you're out.
 
When my wife and I got in an accident a couple years ago (we were on my motorcycle, got hit by a kid swerving through traffic) we didn't get a lawyer, just made sure all her medical bills were paid, got more than I'd paid for the bike plus some extra. I'm not one to think I've hit the lottery just because I've been hurt by someone with insurance.
 
I have a friend who would have gotten a huge settlement from the drunk driver that plowed into her car when her 4 year old was in the car, if she had retained a lawyer the next day. Had the car hit them on the other side, they would both be dead. As is, she is in court fighting to get any money at all. I've got another friend who got hit by ANOTHER drunk driver who didn't even get paid in full for her car. GET A LAWYER. Get one that specializes in chasing ambulances specifically for car wrecks. Get someone that knows every little blasted thing. Then ask them to be reasonable. It really works wonders to have someone who always goes for the top dollar being reasonable. Because your truck was new, you need to get paid the full amount for it from the insurance company.
 
I'm happy that you are OK! All through reading your post my mind was yelling "Get a witness!!"..........Glad to see you have one.

Two state laws that have often confused me here in Ohio. You can drive 2 tons of lethal steel at 65 MPH at age 15, but a girl can't be responsible for her own vagina until she is 18? WTF!?
 
When my wife and I got in an accident a couple years ago (we were on my motorcycle, got hit by a kid swerving through traffic) we didn't get a lawyer, just made sure all her medical bills were paid, got more than I'd paid for the bike plus some extra. I'm not one to think I've hit the lottery just because I've been hurt by someone with insurance.

Nor are most of us that are chanting "get a lawyer". I'm glad you were well taken care of, but that's not the normal case anymore.

Almost 5 years ago we were rear ended. Minor accident but because of the position my wife was in at the time of impact she was injured. Our then 2 week old daughter was in the car and fussing - my wife was leaning forward to comfort her (we were in the third seat of my mothers van - daughter in middle seat).

Five years and a shoulder surgery later my wife still deals with daily pain. We still owe medical bills because of the accident even though all involved had insurance. We tried playing the good guy game and having the insurance company (state farm) pay necessary medical bills. When they started denying bills (all the way back to the ER visit) we were forced to retain a lawyer.

I firmly believe that had we retained a lawyer earlier on we would have had a far less stressful and financially taxing experience than we had.
 
I'm happy that you are OK! All through reading your post my mind was yelling "Get a witness!!"..........Glad to see you have one.

Two state laws that have often confused me here in Ohio. You can drive 2 tons of lethal steel at 65 MPH at age 15, but a girl can't be responsible for her own vagina until she is 18? WTF!?

it's a weird place. cannot buy liquor on sundays either. i'm certain jebus said, thou shalt buy distilled spirits on the sabbath.

to the op, did you speed up when you realized you couldn't dodge em, cool hand luke style? glad you are not hurt badly.
 
If she has State Farm, Farmers or Allstate insurance get a lawyer... NOW!

Only have personal experience with State Farm but have been told by reputable sources that the three listed are awful to deal with.

+1
I was side-swiped a few years back by an eldely woman who had State Farm. I had the official report from the lead accident investigator from the Illinois State Police, who wrote that not only did the woman admit to hitting me, but all of the evidence corraborated both of our stories.
Two weeks later I got a letter from S.F. stating that their investgators found ME to be at least partly at fault, and they wanted ME to pay for a part of HER damages.
Wisely, I called the state trooper, who laughed and told me that they do that all the time, and if necessary, he'd go to court in my behalf.


Back to the O.P., most of the payment should come from HER insurance, not yours. I was t-boned a couple of months ago and my Ranger had to be totalled. I didn't even notify my insurance company. Her company actually gave me much more that I expected for my truck, too !
That was actually the second time that I'd been hit to the point that my vehicle had to be totalled, and neither time did my insurance co. pay a cent.
 
Man that bites! Lost my first new car (4 months) when some idiot tried to pass me on a blind curve. He managed to avoid the oncoming car, but smacked me into the shoulder. No license, no registration, no insurance, expired plates. This guy was a real winner! I rolled a couple times and flipped. Landed on the roof and rolled upright. Had some glass splinters in my head and that was my only injury. I am very glad I insisted my passenger use her seatbelt, she didn't have any injuries.

USAA made a believer out of me. Back on the road in a replacement in two weeks. They found the car and because they were able to get fleet pricing, zero cost to me.
 
Thanks for the well-wishes and concern, everyone. I gotta tell ya... this f-in sucks. It's a beautiful early autumn weekend and I can't do **** because of a broken foot. I know, it could be worse, but somehow that doesn't make me feel any better.

They gave me Percocet, but I'm not a narcotics guy and the pain isn't unbearable, so I haven't taken any and don't plan to. The only medication I've taken is 2 ibuprofen the day of the accident.

My poor wife... here she is lugging around an 8 month old fetus inside her and now she has to take care of me too. Fortunately, I have a very understanding, compassionate and logical boss. I can work from home so I'll still be getting paid. Although, my company will inevitably lose money, since we are small and I was bringing in significant revenue being on jobsites.

As far as a law suit goes, I'll probably make a decision on Monday. One has to be careful with lawsuits in these situations because you can end up with less than what was initially offered. I'm still awaiting final word on my vehicle. I paid over $19K for it 6 weeks ago, the MSRP was $20K+, but the appraisor told me it's worth $17K. The insurance company said they didn't have the mileage when they came up with that number and it only had 1100 miles on it, so they're calling me back on Monday to give me a final number. $17K just doesn't seem like enough to me.
 
USAA made a believer out of me. Back on the road in a replacement in two weeks. They found the car and because they were able to get fleet pricing, zero cost to me.

I hope they make a believer out of me too. That's not my insurance company, but it is the other driver's insurance company.
 
Thanks for the well-wishes and concern, everyone. I gotta tell ya... this f-in sucks. It's a beautiful early autumn weekend and I can't do **** because of a broken foot. I know, it could be worse, but somehow that doesn't make me feel any better.

They gave me Percocet, but I'm not a narcotics guy and the pain isn't unbearable, so I haven't taken any and don't plan to. The only medication I've taken is 2 ibuprofen the day of the accident.

My poor wife... here she is lugging around an 8 month old fetus inside her and now she has to take care of me too. Fortunately, I have a very understanding, compassionate and logical boss. I can work from home so I'll still be getting paid. Although, my company will inevitably lose money, since we are small and I was bringing in significant revenue being on jobsites.

As far as a law suit goes, I'll probably make a decision on Monday. One has to be careful with lawsuits in these situations because you can end up with less than what was initially offered. I'm still awaiting final word on my vehicle. I paid over $19K for it 6 weeks ago, the MSRP was $20K+, but the appraisor told me it's worth $17K. The insurance company said they didn't have the mileage when they came up with that number and it only had 1100 miles on it, so they're calling me back on Monday to give me a final number. $17K just doesn't seem like enough to me.

Glad to hear you are dealing with things and you are able to work from home. It is a good idea to see what they are offering, but don't sign anything until all medical bills are paid etc. Given that you have a witness and it is no fault of your own then you should get everything paid for by their insurance plus some for all the crap you'll be having to deal with. I called every medical institution we had dealings with and made sure they were paid before we signed off.

Thinking back on it now I probably should have at least retained a lawyer, thankfully we were taken care of and God blessed us with not only full health but a bit extra in the settlement.
 
Holy sh** dude glad you made it out with only the injuries you have... that looks BAD.

I'm with the other guys here... get 'em on the horn and tell her insurance company if they don't pay for all your medical bills, lost pay, and extra $1000 just because they can and reimburse you every penny that truck cost (or provide you a brand new truck which is identical) they can suck it and hire a scumbag lawyer. In this case their client is 100% at fault, you did NOTHING wrong and you shouldn't lose thousands of dollars just because some high school kid doesn't know how to look through glass.

FWIW SWMBO dealt with USAA about six months ago when an idiot driver decided to make a right turn into the side of her SUV from the middle lane. ;) They were excellent, took care of everything and we didn't even have to fill out ANY paperwork, they did it all over the phone since the other driver was issued a citation by Austin PD.

Best wishes for a speedy recovery!
 
I'm assuming you don't look over insurance forms all day. The person they send to deal with you does, and I'm sure he'll try to sweet talk or bully you into signing away liability.

That couldn't be more true. My wife and I were in an accident almost 2 years ago. We were rear-ended by some guy that was driving on a suspended license. 2 days later his insurance company called both me and my wife and offered us $800 each "just for our trouble." She said they would still pay everything that this was just extra. Keep in mind that this woman already knew that I worked in insurance. She insisted that we sign everything immediatly and when I asked her to fax me the form so I could read over it she refused. After arguing with her she finally faxed it to me. When I read it, it was a complete waiver of liability. So in other words we would get $1600 then all the bills would have to be paid by us. Even after I called our out on that she still continued to lie to me and tell me "thats what it says buts its not really true." almost 2 years later and I have had probably close to 20k in medical bills. Damn good thing I read that.

Back to the O.P., most of the payment should come from HER insurance, not yours. I was t-boned a couple of months ago and my Ranger had to be totalled. I didn't even notify my insurance company. Her company actually gave me much more that I expected for my truck, too !
That was actually the second time that I'd been hit to the point that my vehicle had to be totalled, and neither time did my insurance co. pay a cent.

That isn't actually not entirely true in Delaware. In DE your own insurance company will have to pay for all of your medical bills up front then they will go and try and get their money back from the other company.

As far as a law suit goes, I'll probably make a decision on Monday. One has to be careful with lawsuits in these situations because you can end up with less than what was initially offered. I'm still awaiting final word on my vehicle. I paid over $19K for it 6 weeks ago, the MSRP was $20K+, but the appraisor told me it's worth $17K. The insurance company said they didn't have the mileage when they came up with that number and it only had 1100 miles on it, so they're calling me back on Monday to give me a final number. $17K just doesn't seem like enough to me.

Just read over everything VERY carefully before you sign a single thing if you don't get a lawyer. Or hell if you want you can send them to me and I will take a quick look at them for you.

I hope they make a believer out of me too. That's not my insurance company, but it is the other driver's insurance company.

That is a huge plus. They are actually one of the best insurance companies to work with in the country. (and no I do not work for them)
 
Two state laws that have often confused me here in Ohio. You can drive 2 tons of lethal steel at 65 MPH at age 15, but a girl can't be responsible for her own vagina until she is 18? WTF!?

....Must invent metal vagina........

But sorry to hear about the whip, get a lawyer asap and get the full amount for your truck, I thought there were laws where if your vehicle is only "X" months old, the insurance company must pay the full amount.

You should probably buy a Jeep.... :D
 
If she has State Farm, Farmers or Allstate insurance get a lawyer... NOW!

Only have personal experience with State Farm but have been told by reputable sources that the three listed are awful to deal with.

Allstate will screw you at every turn too. When I totaled my truck - in a different state from where I lived - they said that they'll only pay for what the truck was worth in that particular state, and not what it's worth in my state. I didn't know that there was a difference, but they tried to pay half of what I owed on it. I fought them on it, and they wound up paying off my loan, nothing else. Luckily, I had no broken bones, just bruises and a few minor cuts and scrapes.

To the OP, I hope you heal quickly and have no lasting injuries to your neck. Get a lawyer, and make sure that when you settle, there is a clause in there to allow a further settlement if you do have lasting neck injuries. Neck and back injuries can come back to haunt you later.
 
Just read over everything VERY carefully before you sign a single thing if you don't get a lawyer. Or hell if you want you can send them to me and I will take a quick look at them for you.



That is a huge plus. They are actually one of the best insurance companies to work with in the country. (and no I do not work for them)

This guy sounds like your best bet. I'd still retain a lawyer just on principle, but bounce things off of him to make sure your lawyer isn't screwing you too. Can never be too careful these days.

I'm glad to hear that USAA is a good company. That's who I have and I can't say enough good about them. The last time I checked, they have the lowest premium (probably 6 years ago now) out of the dozen or so that I called, and I NEVER have issues with customer service. Even the towing service is top notch. I have Progressive for my motorcycle and when I laid it down a couple years ago, the agent was calling me more than I was calling him to make the payout and close the file. IMHO, I'd rather pay a little bit more for that level of service and not worry than to risk being screwed by two insurance companies at the same time if I got in an accident.
 
Just a quick update...

Side note... thanks, AZ_IPA for your concern in the other thread.

The pain gets a little less every day. So, I guess I can sell all of those Percocets on the street. (joking!!) I'm still trying to get used to sitting on my ass at home all day. I've been working my ass off this summer on the brew shed and for the upcoming baby, so I'm used to being very active. I'll probably be a no-muscle blob in 6 weeks.

I decided to hire an attorney. Fortunately, a former client of our company is an excellent accident attorney in DE. I figured some familiarity would be good. The other driver has admitted fault and was issued a citation for the accident. I also found out she has a broken bone as well. This should be a clear-cut case and I'm confident/hopeful to get more compensation than I would have on my own.
 
I decided to hire an attorney.

I read this whole thread hoping to see this statement. We can all appreciate the not wanting to be one of those sue happy people, but the fact of the matter is, is that even in a clear cut case there is going to be some complicated paper work and you can bet your bottom dollar that the "other guys" are going to have lawyers. Might as well level the playing field.

Good luck to you and your wife and new baby. I am definitely happy to hear that it is "only" a foot and that you will have many happy years with your family.
 
I think hiring an attorney is a wise move.

Hope that foot gets to feeling better and congrats on the upcoming baby!
 
A little late, but I am insured in both renter's and auto through USAA - just made the switch when I bought my car back in July. They have, bar-none, the best customer service representatives that I have ever dealt with in any industry.

They are real-time synched with an account online, and everything occurs instantaneous - when they say it is taken care of, it is, and there is proof. I hope they are as amenable on the other side of the coin as you deal with this.

Here's to hoping a quick recovery, mensch.
 
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