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  1. #1
    Join Date
    Apr 2012
    Posts
    4

    Default Rear Ended by 18 Wheeler

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

    We were on our way back from vacation when I was rear ended in the state of Arkansas by an 18 wheeler. My car was at a complete stop due to a sudden stop in front of me (traffic issues). The driver that hit me was estimated as going around 40-50MPH at impact.

    Property Damage Issue--The insurance company has not yet determined whether or not they are going to total the vehicle. I'm fairly certain they will have to total it as it is an older vehicle and the frame is clearly bent. As to the property damage issue, I only carried liability on the vehicle due to its age and I did not have rental coverage. I have been without a vehicle for 10 days. Had to beg a car rental company to rent me a vehicle to get home (I have poor credit and these days many rental companies require a credit check if you pay via debit card). In addition, my laptop was in the trunk of the car when it was struck, and my laptop screen is shattered now. Am I correct that as a part of property damage I should also be able to claim the damage to my laptop? How long does it typically take for them to make decisions about property damage? I live in the country without public transportation and cannot rent a car in the interim, so I am at a great inconvenience.

    Personal Injury Issue-- At the time of the accident, there were no apparent injuries other than a few small scratches from the back glass shattering on my 2 youngest children (who were in the back seat). I felt a little sore, but nothing major and I didn't want my kids to go through the additional trauma of seeing mommy loaded into an ambulance. So we did not request paramedics or transport. During my drive home in the rental car, I began to stiffen up but figured, HEY, I just got hit by a truck, what do I expect. The next day the soreness was growing and travelling down my arms. Day 3 I woke up and attempted to take a shower, and discovered I could not raise my hands to my head. So, I went to the ER. After being examined and scanned, the diagnosis was Acute Cervical Strain and Whiplash. I was prescribed muscle relaxants and pain meds and told to follow up with my physician. I do not have health insurance, so I do not have a physician. I sought the care of a Chiropractor and am on a treatment plan. Due to my line of work requiring a lot of use of my neck and hands (intermittent tingling and numbness in hands as well) the Chiro recommended that I do not work at the moment. I am self employed as an Esthetician. The adjuster told me to start collecting my tax records as proof of income-- however, I just went into business for myself as of October last year, so that will definitely skew things. What issues should I be aware of in this situation? At this moment, my medical bills stand at approximately $3800 for the ER visit and then there is the Chiro. I know medical will not be settled until treatment is complete, but at the very least, my expenses should be covered, yes?

    Any pitfalls I should watch for? I'd prefer not to lawyer up... I just want to make sure my rear is covered.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rear Ended by 18 Wheeler

    Who estimated the semi's speed? If a semi truly hit you at 40-50 MPH at the time of impact, there would be no ambiguity about whether your car was totaled or whether you had serious physical injury - it would be totaled with an extremely high chance of catastrophic injury to you and your passengers. A friend of mine was in an accident with a semi a few years ago where it hit her at a much lower speed than 40 MPH, but with its size and momentum it literally rolled over and crushed about a third of her car (fortunately for her, the rear, passenger side area).

    If you are serious about making an injury claim, try to get diagnosed and treated by a doctor, and try to get physical therapy (even if by a chiropractor who is qualified to perform and actually does perform physical therapy). Chiropractors are typically not viewed as reliable by insurance companies, either in terms of diagnosis or treatment of injuries, and in the many medical records I've reviewed from accident cases the patients who obtain and work hard at physical therapy typically improve over a relatively short time and those who seek only chiropractic adjustments feel better after treatments (which is why they go) but with no indication that the adjustments provide anything more than a palliative effect. If you're having neurological symptoms in your hands, you need to get an EMG and if your chiropractic adjustments aren't resolving nerve impingement (which would not surprise me) you need to get proper medical diagnosis and treatment.

    You should consult a personal injury lawyer about your potential injury claim.

    In my experience, when cars are totaled adjusters are quite prompt in declaring them to be totaled. With ten days having passed, they should have had the opportunity to have their adjuster inspect the car or review the repair estimates.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Rear Ended by 18 Wheeler

    Go see a real doctor. A Chiro telling you not to work, will not hold much water without a real doctor agreeing.

  4. #4
    Join Date
    Apr 2012
    Posts
    4

    Default Re: Rear Ended by 18 Wheeler

    The estimate came from the truck driver. He rear ended my car on the left side... tried to get around me but could not.

    At the time of accident, I didn't get the drivers info. I had never been in an accident and didn't know that it would take 5 days for an accident report to be filed and didn't know I was supposed to get his info directly from him. Had to wait for the accident report to find out who his carrier is. When I called the carrier, there was already a claim number. Left message after message after message for the assigned adjuster and did not receive a return call until I asked for a Supervisor. Then I was informed they had reassigned me to a more local adjustor who works as a contractor for them rather than as an employee. The contract adjuster stated that he is waiting for permission from the company to go ahead and total out the vehicle. He stated he had NOT gone to see the vehicle in person, but based on the pictures from the scene he is fairly certain there is no need to inspect it. I don't know how this stuff works so I don't know if I'm being fed crap or not. As far as injuries go-- we must have had an angel watching over us.. because my two children in the back were unharmed by anything other than the flying glass.

    I did get seen by a doctor at the ER, but in terms of going to another doctor, I really don't have that luxury. No work means no money for me.. and I don't have health insurance. The Chiropractor has agreed to treat me and bill me, knowing my circumstances. Obviously, if the issue with my hands does not improve, I will be returning to the ER and trying to find a way to get seen by a doc. I truly don't have the means to seek treatment out of pocket. As it is... I am precariously balanced and only have about a month worth of living expenses in the bank, which must stay there to cover bills while I wait on all this stuff. I really don't know what to do.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Rear Ended by 18 Wheeler

    Many hospitals have a low income clinic, if you cannot obtain medical care another way.

  6. #6
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Rear Ended by 18 Wheeler

    For a third party claim, you claim the laptop. It wouldn't be covered if you were filing against your own collision coverage. The time it takes your car to be looked at will vary largely by company. Since it was a semi that hit you, it's likely some out of state commerical insurer that does not have adjusters local. They will either send someone out or likely hire an independent. 10 days is kind of pushing it though. If it drags out another week, you need to call and check up on the status. Since it's at a wrecker yard, after a specific number of days (varies by state), the wrecker yard can go through the process to get the title themselves. The insurance company can then come back if it's totaled and offer a lower settlement because now they can't get the salvage value back out of it.

    The frame being bent really isn't a big deal. Frame repair is actually pretty cheap unless you have to section out a rail. But like Mr. Knowitall said, if a semi hit it at 40+, it should be dead without question.

  7. #7
    Join Date
    Apr 2012
    Posts
    4

    Default Re: Rear Ended by 18 Wheeler

    They've already assigned an independent adjustor to evaluate it and he sent in his reports on Monday. According to him, he has not heard back from the company yet. Thus far, communication with anyone other than the independent adjustor has been a nightmare. Had to invoke the "speak to a Supervisor" in order to even find out that I had been reassigned to a field adjustor and it took me speaking with said Supervisor to even get a call from the guy in the field.

  8. #8
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Rear Ended by 18 Wheeler

    The guy in the field that physically looks at your car generally has no authority and if the car isn't at your residence, it's not unusual for him to not contact you.

  9. #9
    Join Date
    Apr 2012
    Posts
    4

    Default Re: Rear Ended by 18 Wheeler

    Just got my first offer from them.. and man what a joke it was.

    They offered me 4K to settle the whole thing, property and medical.

    Mind you, then NADA on my car is 4200 and comps come in between 3600-4500. Plus the destroyed laptop and it doesn't even touch the fact that I've had to rent a car out of my own pocket for the last 2 weeks. Not to mention medical, time off from work, etc.

    I told the adjuster that I would consider that amount for property only, but since I am still under care I am not ready to settle the personal injury portion. Betting I'm going to have to lawyer up to get this handled =/

  10. #10
    Join Date
    Aug 2011
    Posts
    3

    Default Re: Rear Ended by 18 Wheeler

    Property damage and bodily injury are two separate claims. If you call an attorney, he will probably only handle the bodily injury claim. You will still have to deal with property damage claim. Sometimes we handle the property damage portion if our client does not speak English. I believe consulting an attorney will do you a world of good. A lot of people simply don't realize that personal injury attorneys see this type of matter day in and day out. So, take advantage of the free consultations and pick the attorney's brain. Don't speak with an assistant or paralegal. Talk to an attorney who will sit in front of you and give you good information so you can make the right choices. You have a good head on your shoulders. I'm glad you realized 4K was simply not enough. You'd be surprised. I see people settle for $500 sometimes, simply because they don't understand their rights.

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