Rear-Ended, Forced Off the Road and Injured

[sqwerl]

My question involves an injury that occurred in the state of: Alabama

I was bumped in the rear and forced off the road skidding into trees and crushing one side of my car. The same vehicle that hit me skidded off behind me and impacted me again. She said that she was just pulling over to help me, lost control, and hit me. She did not admit she spun me off the wet road. She nor her passengers were injured but I had to go to the ER and was released with no severe injuries just major back and neck pain, cuts, bruises. I was referred to a follow up physician.

The police report doesn't name a party at fault. The police officer said there wasn't enough evidence to determine what caused me to spin out even though I told him it only takes a small nudge from behind. My back bumper is damaged but he said that could have happened on the second impact. His sketch clearly shows my skid marks and car against the tree with her skid marks following mine and her vehicle against my rear end.

The police officer took our word on our insurance carriers. My insurance wasn't current and she listed someone as her carrier but I've called them and they have no record of her. Maybe her name changed, address, etc. and they told me they couldn't look her up by DL# which I thought was odd.

To make matters worse, the towing company that winched her car off mine let her go without paying. They blamed the police for letting her go and the policeman blames me. She was in her vehicle leaving and I took a cell phone pic of her front bumper and she stopped to get out and badger me. I said as few words as possible and the cop was too far away to hear what happened. They are holding my car and sticking me with her fees and mine totalling $600 at this point and $25 per day.

I've spoken to a law firm that said they'd take my case IF she has insurance. Maybe they have better ways of finding out but if she doesn't I'm in serious trouble. I'd have to sue her and maybe the towing company. There was a lot of damage to my car so this will probably be above the $3000 small claims court limit. She may just file BK even if they happen to rule in my favor. In the mean time my car sits racking up fees which could take months to get through court.

I just got out of BK chapter 7 in 2008 so I may try for BK 13 but who knows. I don't know what to do about my lender at this point or if I should just stop paying and let them repo it then sue her or keep paying and sue her now.

I'm in a serious situation and would very much appreciate any advice you can give me. Thanks

[That Guy]

I don't see any specific questions in your post, it sounds as if you've got a good understanding of most of the details under the circumstances.

I was bumped in the rear and forced off the road skidding into trees and crushing one side of my car. The same vehicle that hit me skidded off behind me and impacted me again. She said that she was just pulling over to help me, lost control, and hit me. She did not admit she spun me off the wet road. She nor her passengers were injured but I had to go to the ER and was released with no severe injuries just major back and neck pain, cuts, bruises. I was referred to a follow up physician.

The police report doesn't name a party at fault. The police officer said there wasn't enough evidence to determine what caused me to spin out even though I told him it only takes a small nudge from behind. My back bumper is damaged but he said that could have happened on the second impact. His sketch clearly shows my skid marks and car against the tree with her skid marks following mine and her vehicle against my rear end.

Sound like a reasonable explanation from the officer. Your claim is that you were hit twice, hers is that she only hit you once, and it would be difficult to establish who's telling the truth. Which means the entire case will hinge on the court case and who sounds more believable to the judge!

Question that remains is how did she come about to nudging you? Were you driving slow, were you making a turn, attempting to stop... or was she simply blind and was driving too fast/close to you?

That aside, one thing you should do is make a serious attempt to get your car out of storage... I don't know if you have a place where you can have it moved/towed to but at $25 a day, that bill can add up quickly and with you not having any insurance, you don't have much of a choice as far as payment, or simply letting the car go. Since you have a lender/lien holder, and since you do not hold title to the vehicle where you can sign it off to the towing company in lieu of payment for towing and storage fees, you're left holding the bag -either to the towing company or to the lender-. I would pay the towing company, get the car out and take matters from there!

You maybe able to have it towed to a body shop, and that way you can at least get an estimate of the needed repairs (the first logical step to this process that will follow), but understand that it will come to a point where they may start charging you storage fees as well. So that is not a long term solution!

Which brings one point I am not clear on...

To make matters worse, the towing company that winched her car off mine let her go without paying.

If her car was driveable, then why did they tow her out?

I'd have to sue her and maybe the towing company.

Why would you sue the tow company?
And if so, why would you sue the tow company?
If you have any issues with the amount they're charging you, request an itemized bill from them, and discuss any specific items that you disagree upon; if the disagreement revolves around charges they should have asked the other driver for, and depending on how much those are, it maybe in your best interest to simply pay now and sue later... At $25 a day, they can afford to sit around and do nothing to resolve this, you can't (or shouldn't)!

I don't know what to do about my lender at this point or if I should just stop paying and let them repo it then sue her or keep paying and sue her now.

This may depend upon make/model/year/condition of this car and its current market value, and the amount of damage it has sustained... Generally, I highly doubt that the lender would be interested in repo-ing the vehicle if it has sustained substantial damage!

With that being said, why wait until they repo (if they ever do) for you to sue her? Its not like you can simply walk into court and say "sue"... You still have to get the car out, obtain estimates to establish whether you're going through small claims or civil court, file your claim accordingly, locate her, serve her with a court summons... etc. If she is really insured, then she will likely turn the claim over to her insurer whereas if she's not, then your uphill climb (to sue, win and then collect) will begin!!!

Additionally, her claim that she skidded as she attempted to stop (to offer you help) and only hit you once

I'm in a serious situation...

You can say that again... And I realize that hindsight is 20:20, but was it really worth it to drive around uninsured, or would you have been better off carrying the minimum liability +comp & collision?

[Who'sThatGuy]

I was bumped in the rear and forced off the road skidding into trees and crushing one side of my car. The same vehicle that hit me skidded off behind me and impacted me again. She said that she was just pulling over to help me, lost control, and hit me. She did not admit she spun me off the wet road. She nor her passengers were injured but I had to go to the ER and was released with no severe injuries just major back and neck pain, cuts, bruises. I was referred to a follow up physician.

From what you tell us, she has a few witnesses as to what happened in this accident. Was there anyone in your vehicle with you at the time of the accident?

The police report doesn't name a party at fault. The police officer said there wasn't enough evidence to determine what caused me to spin out even though I told him it only takes a small nudge from behind. My back bumper is damaged but he said that could have happened on the second impact. His sketch clearly shows my skid marks and car against the tree with her skid marks following mine and her vehicle against my rear end.

How fast were you traveling when she rear ended you? Drivers just don't leave the road with a small nudge from behind. If you were in a small vehicle traveling 25 MPH and a large SUV traveling 60 MPH rear ended you, then I could see you losing control and skidding off a roadway.

The police officer took our word on our insurance carriers. My insurance wasn't current and she listed someone as her carrier but I've called them and they have no record of her. Maybe her name changed, address, etc. and they told me they couldn't look her up by DL# which I thought was odd.

Maybe the vehicle she was driving wasn't hers, that would explain why an insurance company can't find someone. Maybe she wasn't insured?

Did you tell the officer that you were not insured?

To make matters worse, the towing company that winched her car off mine let her go without paying. They blamed the police for letting her go and the policeman blames me. She was in her vehicle leaving and I took a cell phone pic of her front bumper and she stopped to get out and badger me. I said as few words as possible and the cop was too far away to hear what happened. They are holding my car and sticking me with her fees and mine totalling $600 at this point and $25 per day.

Why would the officer blame you that she drove away?

Did you see the breakdown of the fees to see that you are being billed for a winch for her vehicle, or are you assuming that the tow company is billing you?

I've spoken to a law firm that said they'd take my case IF she has insurance. Maybe they have better ways of finding out but if she doesn't I'm in serious trouble. I'd have to sue her and maybe the towing company. There was a lot of damage to my car so this will probably be above the $3000 small claims court limit. She may just file BK even if they happen to rule in my favor. In the mean time my car sits racking up fees which could take months to get through court.

I would also like to know why you will sue the towing company?

You need to come up with the impound fees and get your vehicle out, if you don't the tow company will SUE you for the towing and storage fees. This could add up to thousands of dollars.

I just got out of BK chapter 7 in 2008 so I may try for BK 13 but who knows. I don't know what to do about my lender at this point or if I should just stop paying and let them repo it then sue her or keep paying and sue her now.

If you stop paying your lender, the lender cannot repo the vehicle until the towing and storage fees are paid in full. This is why you need to go and get your vehicle out ASAP. The bills will just keep accumulating.

I'm in a serious situation and would very much appreciate any advice you can give me. Thanks

Get your vehicle out of the impound lot, this will save you a headache down the road.

[sqwerl]

Question that remains is how did she come about to nudging you? Were you driving slow, were you making a turn, attempting to stop... or was she simply blind and was driving too fast/close to you?

I was driving around the speed limit of 55 in the far right lane of the interstate in a construction zone. Nudge is maybe an understatement. I was in a small two seater convertible and she was in a van. It happened so fast but all I know is I had seen her in my rear view at one point and the next thing I know she rear ends me on a curve enough to spin me out and send me off the road. I mentioned before it was raining. There wasn't severe damage to my back bumper so apparently the policeman couldn't tell whether the damage was from the first or second impact.

If her car was driveable, then why did they tow her out?

The final impact was on a slick hill. Her vehicle was blocking mine and had to be winched up the hill first to get to my car. The tow truck driver first said that they were then busy with winching my car so they weren't concerned with her at the time but said the police shouldn't have let her leave the scene yet.

Why would you sue the tow company?
And if so, why would you sue the tow company?
If you have any issues with the amount they're charging you, request an itemized bill from them, and discuss any specific items that you disagree upon; if the disagreement revolves around charges they should have asked the other driver for, and depending on how much those are, it maybe in your best interest to simply pay now and sue later... At $25 a day, they can afford to sit around and do nothing to resolve this, you can't (or shouldn't)!

I got an itemized bill from them first thing and it shows a breakdown for her winching fee $150, my winching fee $150, my towing fee $150, and a few other misc fees. I showed them the accident report. They don't care to make her pay when they know I'm more likely to pay since my car is being held. They are billing me for something I rightfully don't owe. They are expecting insurance to settle everything. I haven't told them I don't have insurance and haven't told them that she most likely doesn't have insurance. I don't know if that will work to my benefit or detriment.

From what you tell us, she has a few witnesses as to what happened in this accident. Was there anyone in your vehicle with you at the time of the accident?

They were her small children. 5 and 8 or so. I was alone. A couple of people stopped to offer help but either didn't witness it or wouldn't stay.

How fast were you traveling when she rear ended you? Drivers just don't leave the road with a small nudge from behind. If you were in a small vehicle traveling 25 MPH and a large SUV traveling 60 MPH rear ended you, then I could see you losing control and skidding off a roadway.

Explained above...

Maybe the vehicle she was driving wasn't hers, that would explain why an insurance company can't find someone. Maybe she wasn't insured?

Did you tell the officer that you were not insured?

The report states she's the owner. The officer took us both at our word that we had insurance and with what company but didn't ask for cards or policy numbers.

Why would the officer blame you that she drove away?

Did you see the breakdown of the fees to see that you are being billed for a winch for her vehicle, or are you assuming that the tow company is billing you?

She was leaving and the cop seemed to barely be concerned with her damages so I rushed over to snap a pic of her front bumper. She slammed it in park and got out badgering me. I told her I had the right to take pictures and she kept on yelling. Then she got back in and spun here wheels in the dirt/gravel. The whole time this was going on, the cop, my wife, and the tow truck driver were further down the hill too far away to hear or see what happened until right at the end. Close to the end the cop came over and told me "I wish you wouldn't have done that!" What, I don't have a right to take pictures?




I'm having an injury law firm look into whether she has insurance before I pay all the towing fees. They should let me know Monday if she had any and if not then I can figure out how to come up with the $600+ that has accumulated. Maybe he'll work with me more if I tell him I don't have insurance if she doesn't either. I'll try to pay her part and sue her for it and the damages. I'll have to pay more to have it towed home or to a repair shop and I would never get the money out of her fast enough not to have the repair shop angry with me for it sitting in their lot a long time. It's like a no win situation.

[Who'sThatGuy]

Even if she has insurance, her insurance company isn't going to pay to have your vehicle released from the impound. Remember, she is stating that you ran off the road yourself, she ran off the road after you and then struck you. If her insurance company stands behind her statement you will end up eating the tow charges and it may take weeks, if not months for her insurance company to make a decision. Her insurance company may just pay to have your rear bumper cover fixed/replaced/painted and stick you with all the other damage and weeks of storage.

Again, get your vehicle out of the impound, borrow the money if you have to. The last thing you want is the tow company suing you for $3,000 + and the loan company getting a judgment against you for several thousand dollars to get there vehicle repaired.

After you get your vehicle out of the impound, you can then worry about the insurance company reimbursing you or suing her to recover the damages.

Good Luck

[sqwerl]

Even if she has insurance, her insurance company isn't going to pay to have your vehicle released from the impound. Remember, she is stating that you ran off the road yourself, she ran off the road after you and then struck you. If her insurance company stands behind her statement you will end up eating the tow charges and it may take weeks, if not months for her insurance company to make a decision. Her insurance company may just pay to have your rear bumper cover fixed/replaced/painted and stick you with all the other damage and weeks of storage.

Again, get your vehicle out of the impound, borrow the money if you have to. The last thing you want is the tow company suing you for $3,000 + and the loan company getting a judgment against you for several thousand dollars to get there vehicle repaired.

After you get your vehicle out of the impound, you can then worry about the insurance company reimbursing you or suing her to recover the damages.

Good Luck

I believe I may have made you misunderstand what my issue with the towing company is. I don't have a problem with paying my part of the bill, even though I know the entire accident is her fault. I just don't think I should have to pay for her winch fee as well. $150 is not a mint but I think it's more the principle involved that I'm getting the shaft.

So you don't believe even if she has insurance they'll pay for her winching fee when the sketch clearly shows the front of her vehicle impacting the rear corner of my vehicle after the skid? I've always heard that a rear end collision is usually always the rear-ender's fault. Even if I can't prove she rear ended me the first time, it's very clear she did the second time. So for my vehicle to be removed, her's being against the back left corner of my vehicle, her's had to be winched first to get to mine.

Even if she's sticking with the BS story that she was pulling off to 'help' me, she still admitted hitting me regardless.

[Who'sThatGuy]

She should have to pay her winch fee, not you.

But if her insurance company sides with her, they will only pay for the damage she caused. that is the rear bumper cover to your car. They will not pay your winch fee, towing and storage, because you would have needed that even if she didn't rear end you. They will also not pay for any damage from leaving the road and hitting the trees because they are going to say that you hitting the trees has nothing to do with her rear ending you. And if you want to claim medical, they will pay some, but not all because they will claim you did more damage by hitting the trees then her rear ending you.

[sqwerl]

My question involves an injury that occurred in the state of: Alabama

Hi,
Several months back I posted about a wreck I was involved in here:
http://www.expertlaw.com/forums/showthread.php?t=129383

The thread was closed so I'm posting more follow up questions here. To start where I left off, soon after I spoke to the tow company and explained the person that hit me had no insurance and I was paying out of pocket, he agreed to subtract her towing fee from my bill and I paid to get the car out.

Now, I want to sue her for vehicle damages and ER bills. It seems to me the best way to file would be a form C93 -Motor Vehicle Negligence in Circuit Court am I right? There is also the form C88 to take her to Large Claims in District Court so I'm unsure which I'll fair better with.

Are there statutes of limitations in either filing? The courthouse would not answer that question even though I asked them specifically about each form.

Should I subpoena the policeman that failed to verify either insurance and was going to let the lady go without noting her vehicle damage and seemed to be taking her side since she wore a Paramedic jacket? I don't want to put him on the defensive but he could turn against me anyway. Basically, will subpoenaing him most likely hurt or help me?