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kaitlyn3837

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Registration date : 2013-05-14

PostSubject: Car Accident Last Night   Tue Dec 09, 2014 10:50 am

So, I was sitting in a line of cars on an off-ramp last night. I was rear-ended while sitting still. Luckily, I saw it coming and stopped far enough away from the car in front of me, so I didn't hit her. The lady in front of me did get out of her car to come look though because the accident was so loud. Had neck and back pain, so I took an ambulance ride to the hospital for X-Rays, everything came back clean but I will be sore the next couple days.

This was my first car accident ever, driving or as a passenger. It took off my rear bumper but all of my rear lights still work except for my left blinker and the car is operational. It could have been MUCH worse if I hadn't seen it coming. I was slowing down to come to a stop in the line of cars, as I was slowing down I looked in my rear-view mirror and saw her van as it entered the off-ramp. I continue to slow, she closed in halfway between the start of the ramp and where I was and I realized she wasn't going to stop in time. I had time to slam on the brakes and stand on them so I wouldn't hit the car in front of me. I also braced for impact. If I hadn't seen her coming, I probably would have rolled forward a little more and been forced into the car in front of me and that just would have made everything messy. Pretty crazy! But God is good, and I am just sore today. Filed my first insurance claim, that kinda sucks.
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Richard Burley

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Location : North Coast NY
Registration date : 2011-04-09

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 11:08 am

Get a lawyer. Those seemingly minor injuries could haunt you years later. I think what you want is an open-ended settlement. Something like that. The other guy's insurance rep will come around fast to get you to sign off on the accident. I had the exact same thing happen to me many years ago. Sorry this happened, Kaitlyn. You did everything right, under the circumstances, and I hope you heal up with no difficulties. Poor car!
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DrumsAndBeer

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Age : 45
Location : Northern, CA
Registration date : 2012-04-04

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 12:43 pm

Richard Burley wrote:
Get a lawyer.  Those seemingly minor injuries could haunt you years later.  I think what you want is an open-ended settlement.  Something like that.  The other guy's insurance rep will come around fast to get you to sign off on the accident.  I had the exact same thing happen to me many years ago.

Sound advice. Same thing happened to me, however I was hit by an uninsured driver. My accident was in 95, I wound up needing back surgery in 2012. The accident was the beginning of it all, hit at a stand still by the driver behind me doing 65-70 mph.

It's good to hear that you're doing well, and that there were no serious injuries but do consider getting some legal representation.
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Dave_In_Philly

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Age : 36
Location : Philly
Registration date : 2011-08-18

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 12:53 pm

So, I am an attorney and I humbly disagree with Mr. Burley. If you are not actually injured, there is no need to sign up with a personal injury attorney right now. Just know what the statute of limitations is in your state (likely 2 years but I have seen them as short as 1 year and as long as 4). You are not required to decide whether or not you want to file a personal injury claim right off the bat. The law permits you to wait and see how your injuries develop before you make that decision.

There is no such thing, at least none that I have come across in my practice, as an open ended settlement. A settlement is just the opposite, a final conclusion to something that is, or may be, open ended. So be careful.

Lastly, don't hesitate to deal with the insurance company directly. Just make sure you don't sign anything without reading it carefully. You can settle the claim for the damage to your car without waiving your right to sue for personal injury, should that become necessary later. You just need to make sure that they give you a property damage release, rather than a general release. However, in most states, if you file a law suit, you need to include ALL claims at the same time. Many folks have jumped right into small claims court to get their property damage paid as quickly as possible, only to find out a year later that they waived their personal injury claim by not including it.

Insurance companies (despite what you read on the internet) are require by law to deal with you fairly, and if they don't they are subject to massive penalties (the last in my state was $18m).

Kaitlyn, chances are that I am not licensed to practice in your state so I cannot provide any legal advice, but feel free to PM me with any questions you might have. I am happy to help to whatever extent I can.

-Dave
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Bullwinkle

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Registration date : 2010-04-03

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 1:13 pm

kaitlyn3837 wrote:
So, I was sitting in a line of cars on an off-ramp last night. I was rear-ended while sitting still. Luckily, I saw it coming and stopped far enough away from the car in front of me, so I didn't hit her. The lady in front of me did get out of her car to come look though because the accident was so loud. Had neck and back pain, so I took an ambulance ride to the hospital for X-Rays, everything came back clean but I will be sore the next couple days.

This was my first car accident ever, driving or as a passenger. It took off my rear bumper but all of my rear lights still work except for my left blinker and the car is operational. It could have been MUCH worse if I hadn't seen it coming. I was slowing down to come to a stop in the line of cars, as I was slowing down I looked in my rear-view mirror and saw her van as it entered the off-ramp. I continue to slow, she closed in halfway between the start of the ramp and where I was and I realized she wasn't going to stop in time. I had time to slam on the brakes and stand on them so I wouldn't hit the car in front of me. I also braced for impact. If I hadn't seen her coming, I probably would have rolled forward a little more and been forced into the car in front of me and that just would have made everything messy. Pretty crazy! But God is good, and I am just sore today. Filed my first insurance claim, that kinda sucks.

I assume you have a police report and the name of the person who came back to check on you as a witness. As mentioned DON'T sign anything HER insurance tries to get you to sign.  do NOT tell anyone that you feel fine as you may find out after the shock and adrenaline wears down you will find maybe you don't feel so hot.
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monbla256

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Age : 71
Location : DFW Metroplex, Texas
Registration date : 2012-01-15

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 1:29 pm

Richard Burley wrote:
Get a lawyer.  Those seemingly minor injuries could haunt you years later.  I think what you want is an open-ended settlement.  Something like that.  The other guy's insurance rep will come around fast to get you to sign off on the accident.  I had the exact same thing happen to me many years ago.  Sorry this happened, Kaitlyn.  You did everything right, under the circumstances, and I hope you heal up with no difficulties.  Poor car!

Sorry to hear about your accident. Richards advice is right on the money! Let the attorney's settle things as that's what the're attorney's will do to THEIR advantage if possible. That's what they are hired for and you need to get things settled to YOUR advantage as much as you can. As they would say ".... just buidness. nothing personal" Twisted Evil Twisted Evil
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kaitlyn3837

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Registration date : 2013-05-14

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 1:33 pm

Dave_In_Philly wrote:
So, I am an attorney and I humbly disagree with Mr. Burley. If you are not actually injured, there is no need to sign up with a personal injury attorney right now. Just know what the statute of limitations is in your state (likely 2 years but I have seen them as short as 1 year and as long as 4). You are not required to decide whether or not you want to file a personal injury claim right off the bat. The law permits you to wait and see how your injuries develop before you make that decision.

There is no such thing, at least none that I have come across in my practice, as an open ended settlement. A settlement is just the opposite, a final conclusion to something that is, or may be, open ended. So be careful.

Lastly, don't hesitate to deal with the insurance company directly. Just make sure you don't sign anything without reading it carefully. You can settle the claim for the damage to your car without waiving your right to sue for personal injury, should that become necessary later. You just need to make sure that they give you a property damage release, rather than a general release. However, in most states, if you file a law suit, you need to include ALL claims at the same time. Many folks have jumped right into small claims court to get their property damage paid as quickly as possible, only to find out a year later that they waived their personal injury claim by not including it.

Insurance companies (despite what you read on the internet) are require by law to deal with you fairly, and if they don't they are subject to massive penalties (the last in my state was $18m).

Kaitlyn, chances are that I am not licensed to practice in your state so I cannot provide any legal advice, but feel free to PM me with any questions you might have. I am happy to help to whatever extent I can.

-Dave

Thank you for that! I will definitely PM you if I think of any questions! I have never been in this situation before, so I just want to make sure that I get taken care of and my care gets taken care of, but I don't want it at my expense. So I will keep everything you said in mind!
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kaitlyn3837

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Registration date : 2013-05-14

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 1:35 pm

Bullwinkle wrote:


I assume you have a police report and the name of the person who came back to check on you as a witness. As mentioned DON'T sign anything HER insurance tries to get you to sign.  do NOT tell anyone that you feel fine as you may find out after the shock and adrenaline wears down you will find maybe you don't feel so hot.

Yes, I have the police report. I do not have the name of the lady in front of me because she got our to just see if her car had been hit (because the crash was so loud), once realizing that she was fine, she continued on her way. At that point I was on the phone with 911 and couldn't ask her.
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Richard Burley

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Location : North Coast NY
Registration date : 2011-04-09

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 1:40 pm

Dave_In_Philly wrote:
So, I am an attorney and I humbly disagree with Mr. Burley. If you are not actually injured, there is no need to sign up with a personal injury attorney right now. Just know what the statute of limitations is in your state (likely 2 years but I have seen them as short as 1 year and as long as 4). You are not required to decide whether or not you want to file a personal injury claim right off the bat. The law permits you to wait and see how your injuries develop before you make that decision.

There is no such thing, at least none that I have come across in my practice, as an open ended settlement. A settlement is just the opposite, a final conclusion to something that is, or may be, open ended. So be careful.

Lastly, don't hesitate to deal with the insurance company directly. Just make sure you don't sign anything without reading it carefully. You can settle the claim for the damage to your car without waiving your right to sue for personal injury, should that become necessary later. You just need to make sure that they give you a property damage release, rather than a general release. However, in most states, if you file a law suit, you need to include ALL claims at the same time. Many folks have jumped right into small claims court to get their property damage paid as quickly as possible, only to find out a year later that they waived their personal injury claim by not including it.

Insurance companies (despite what you read on the internet) are require by law to deal with you fairly, and if they don't they are subject to massive penalties (the last in my state was $18m).

Kaitlyn, chances are that I am not licensed to practice in your state so I cannot provide any legal advice, but feel free to PM me with any questions you might have. I am happy to help to whatever extent I can.

-Dave

Well, I was 21 in 1967 when my accident occurred, so things may be different now. I frankly don't know. I still say get a lawyer, especially if there are weird neck pains, tingling, etc. I'd say this qualifies as a CYA moment, if nothing else.
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kaitlyn3837

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Registration date : 2013-05-14

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 1:47 pm

In SC I have 3 years to file a personal injury lawsuit AND/OR property damage lawsuit. I know a couple of local lawyers, so I will hit them up today. I definitely won't sign anything until I look it over and know what it is and what it means. I'm just praying that her insurance company doesn't try to give me the run-around!
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DrT999

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Age : 59
Location : Piedmont of North Carolina
Registration date : 2011-08-31

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 2:01 pm

Glad you are (mostly) ok; this sounds worse than the rear-endin g I suffereed last August. Good luck with dealing with all this; deal with a local lawyer you know or are referred to if you go that route; you will likely get lots of unsolicited letters/huge envelopes from other lawyers in the area (I think I got about a dozen)
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kaitlyn3837

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Registration date : 2013-05-14

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 2:03 pm

DrT999 wrote:
Glad you are (mostly) ok; this sounds worse than the rear-endin g I suffereed last August.  Good luck with dealing with all this; deal with a local lawyer you know or are referred to if you go that route; you will likely get lots of unsolicited letters/huge envelopes from other lawyers in the area (I think I got about a dozen)

Oh wow, thank you for the heads-up. I didn't even think of unsolicited advertisements!
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huffelpuff

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Age : 47
Location : Laramie, WY
Registration date : 2011-12-10

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 3:56 pm

Be very careful what you sign. I was rear ended 23 years ago. I was on a tractor and he fell asleep doing 70. I felt fine enough to finish bailing hay that afternoon but the next day I could barely see. Turned out I herniated every disk in my back except the 5 lumbars. Back injuries are nothing to take a chance with. Hopefully you get well taken care of and don't have to fight for what compensation you deserve.

Jim
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Cartaphilus

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Age : 63
Location : East Texas
Registration date : 2011-12-15

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 4:13 pm

I'm glad you made it out without serious injuries but, take heed as others have said.
I know much about back injuries and ailments for I suffer from 3 collapsing disks in my lower back and, it's no fun. One day your fine and the next the pain is unbearable, the nerves in your back can affect many things like limbs, neck and even your intestinal track. So seek GOOD help in this matter and make decisions disregarding pressure from others cautiously and wisely. Wink
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MichaelM

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Age : 51
Location : Souderton, PA
Registration date : 2014-02-13

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 8:45 pm

I'm glad you are okay Kaitlyn. And you attentivenes and careful driving clearly helped.
Mike.
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friar_jay

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Age : 36
Location : Middle Peninsula, Virginia
Registration date : 2012-09-09

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 9:13 pm

Sorry to hear about the accident. However, I'm glad to read that you're alright.
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Brewdude

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Age : 65
Location : Near the Emerald city
Registration date : 2011-05-04

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 9:38 pm

Glad to hear you came through this OK Kaitlyn. But do get some legal advice, as this could come back to be a physical issue that may not surface for a while. I know of what I speak.

Cheers,

RR


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the rev

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Age : 51
Location : Oak View CA
Registration date : 2012-10-08

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 9:40 pm

everyone is giving you the same advice, it must be good Smile Hope your recovery is quick and total, merry Christmas and happy new year

rev
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puros_bran
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Location : Brandenburg, Ky
Registration date : 2007-12-10

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 11:03 pm

Wait.... What?? Are you daft Lass? You were supposed to fall out of the car whimpering 'tell my mother I love her..it's so cold.. Look I see Angels with outstretched arms..they are so beautiful.. Ohh god it hurts'.

SMH! How are we ever going to open that Tiki Bar in Key West if you keep blowing oportunity like this? Very Happy Very Happy Very Happy Very Happy Very Happy

Glad to hear you made it okay... Hang in there a lot worse things could have happened.
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Bullwinkle

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Registration date : 2010-04-03

PostSubject: Re: Car Accident Last Night   Tue Dec 09, 2014 11:13 pm

kaitlyn3837 wrote:
In SC I have 3 years to file a personal injury lawsuit AND/OR property damage lawsuit. I know a couple of local lawyers, so I will hit them up today. I definitely won't sign anything until I look it over and know what it is and what it means. I'm just praying that her insurance company doesn't try to give me the run-around!

did she get sited by the police?
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Briar Spirit

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Age : 49
Location : England UK
Registration date : 2012-08-30

PostSubject: Re: Car Accident Last Night   Wed Dec 10, 2014 5:36 am

Kaitlyn, that you gave immediate consideration to the vehicle in front of you speaks volumes about what a wonderfully caring and considerate person you truly are, I pray that things go the right way for you and that you have not suffered any long term complications, what an inspiration you are, bravo. sunny
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kaitlyn3837

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Registration date : 2013-05-14

PostSubject: Re: Car Accident Last Night   Wed Dec 10, 2014 12:26 pm

Thank you for all the well wishes! Someone posted and asked if she got cited. I believe she did but the officer didn't tell me because when he was handing me the report, they were trying to get a C-Collar on me. I'm assuming she would have had to be cited because I certainly wasn't cited.

Just sent in pictures to her insurance company. Interestingly enough, her insurance agent said that he hasn't been able to get a statement from her yet... That might be a bad sign. Oh well, we shall see!

God is good though! This morning was actually my first time really inspecting the damage. The bumper was torn off and so it looked cosmetic. Even the ladies said "It's JUST your bumper." (Side note: I wanted to slap her.). But the metal frame under the bumper actually buckled! Craziness. I'n feeling better today though and thanks again fro all the well wishes!
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kaitlyn3837

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PostSubject: Re: Car Accident Last Night   Wed Dec 10, 2014 12:30 pm

puros_bran wrote:
Wait....  What??   Are you daft Lass?  You were supposed to fall out of the car whimpering 'tell my mother I love her..it's so cold.. Look I see Angels with outstretched arms..they are so beautiful.. Ohh god it hurts'.  

SMH!  How are we ever going to open that Tiki Bar in Key West if you keep blowing oportunity like this?   Very Happy Very Happy Very Happy Very Happy Very Happy

Glad to hear you made it okay... Hang in there a lot worse things could have happened.

I know, I know! I think I will have to pass on the blame... To my parents! You should be mad at them for raising me correctly Wink

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Richard Burley

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Location : North Coast NY
Registration date : 2011-04-09

PostSubject: Re: Car Accident Last Night   Wed Dec 10, 2014 1:01 pm

kaitlyn3837 wrote:
But the metal frame under the bumper actually buckled!

Do the doors feel right when you open and close them? Do the quarter panels still look straight sighting down the side of the car? Does the car track normally? I don't know what you were driving or the extent of the damage, but they just might total your car. Bear in mind this accident will appear on the car's CarFax history. Good luck with the results.
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RobJ

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Location : Mukilteo, Washington USA
Registration date : 2014-07-07

PostSubject: Re: Car Accident Last Night   Wed Dec 10, 2014 1:07 pm

Wow Kaitlyn, I hope the soreness goes away quickly. Best to get thoroughly checked out if you haven't already.

Best wishes to you!

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