Drunk driving accident

[Piebald]

Everyone let's give it up for Orlando Traffic and Driving! :sohappy: Early Sunday morning I was involved in a serious crash. I was coming home from a friend's house very late (It was 5:00AM) and I was waiting at a red light. Upon turning green, I slowly put my car in first gear and began to go (going no more than 5-8 mph) when I heard a loud roar and screeching sound coming from behind me. I looked in my rear view mirror and saw a large SUV approaching me at an alarming rate. Before I could even blink the car smashed into the back of me and propelled my car a couple hundred feet ahead of me making my car spin multiple times and finally stopping in the middle of the street facing the incoming traffic. The SUV flew over the corner of the intersection, went through some bushes, hit a fire hydrant and landed in a gas station about 3 feet away from hitting a gas pump. I immediately got out of my car in complete shock to see that my car was pretty byebye. The damage was only a few inches from reaching my driver and passenger seats (my backseat somehow 'dropped'). The man approached me and was significantly drunk (trashed is the better term). He began harrassing me for calling 911 and insisted in negotiating something between ourselves. He kept putting his arm around me and making me feel uncomfortable to the point where I was about to pick up a piece of glass and stab him with it. My mother could hear him harrassing me over the phone and became concerned. The police ended up showing up and taking care of business. The man was taken to jail and I had a nice little ride to the hospital for minor neck and head injuries that have become not so minor since I've woken up and been home today. The point of this post is to not only drink and drive, which I hope is an obvious point, but also to see if anyone has any input with a situation like this. I'm only 19 and unfortunately my family lives down in Fort Lauderdale while I live here for school. Has anyone had this experience or known anyone who has? What steps should I take other than the obvious to perhaps handle this situation in a better way so as to not get 'screwed' at all. I simply don't want a single penny coming out of my pocket or my parent's pocket. I hope things turn out well and we hope to take legal actions against this D-bag. His public records found online only make him seem even more of an idiot than previously thought. Ideally, I wish I could turn out like the man from Office Space, but as long as I get a new car without hassle, I will settle with that.

 

[mousermerf]

Definately need to goto the Dr's and have everything documented. Pain killers and muscle relaxers now - they're important. Not only do they keep you from being in pain, but they'll help your body recover too. The Docs will of course give you more instructions.

Have you talked to the insurance company?

 

[Piebald]

My parents called earlier tonight to make the claim. This is a bit of a hassle because this is a case of me living here and them living there. There's no easy access for either of us and everything is being relayed through fax and through the phone. I called a lawyer to speak with him tomorrow and I definitely need to go to the doctor's tomorrow because I am dealing with more pain today than earlier.

 

[barnum42]

With any luck the driver will get locked up to prevent him doing this again. From his behaviour I'd suspect it's not the first time he's been caught DUI and knows that he has no more chances.

The insurance company should guide you through all that needs to be done re. sorting a replacement car.

You've already written down what happened. Keep a copy as it could take a while for things to get sorted and having all the details down whilst it's fresh in your mind will help keep the facts straight.

Can't help you with lawyers as I have a knee jerk hatred of ambulance chasing lawyers who go for every lame claim thus making the legitimate claims have to wait in very long queues (as happened to a friend of mine who is having to jump through hoops to prove it's not another fake case).

Glad to see you are OK enough to get online and hope there are no complications from your experience.

 

[tigsmom]

Thank God you are ok!

Its very important that anytime you are in an accident to be checked out immediately by medical personnel. I know going to the hospital for what may seem a minor accident (and this was not one) seems like a pain, but you never know what damage has been done. It will give you documentation of your injuries for any further action.

You were in shock afterwards and probably not think right, but there is a good chance that you have whiplash and other injuries. ((HUGS))
Get to the doctor's for a complete exam.

 

[The Mom]

Both The Dad and I have been "rear ended" in the past at traffic lights. Mine was sober, but in the high risk pool. His was drunk, with no insurance. My husband was driving at about the same time you were, except he was going TO the hospital for morning surgical rounds, which started at 5:30 AM. His theory is that the guy hit him because his tail lights were the only thing he was capable of seeing. :lol:

In both cases, the insurance companies really tried to rush a settlement, as neck injuries may take a while to manifest themselves. My brother (who had a similar injury) appeared fine after the initial pain went away, but a few months later began having weakness and tingling/numbness in one arm/hand. Turns out it was due to the neck injuy. He had stalled on the settlement, which was a good thing, as he needs surgery, and has not been able to work. He's in his mid 60s, so this may force retirement.

I also have an aversion to "ambulance chasers" but also accept their usefullness. Everybody seems to hate lawyers, until they need one. :lol:

If I were in your situation, I would have hired one, also.

 

[MouseMadness]

You're lucky you were able to walk away!! How scary

I agree with others, get thee to the doctor, and hire a lawyer.

 

[Master Yoda]

Two words...Doctor and Attorney.

If you go the nice guy route you will get $crewed by your insurance company. The insurance company is not your friend. Insurance companies are set up to figure out every possible to not pay you a dime. They will under value your car, try to deny paying for physical therapy or medication, try to settle early, etc. Talk to you insurance company as little as possible let your attorney do the talking. Do not sign anything unless your attorney approves it. Keep receipts for everything and document every second you miss from work. With any luck you just might break even when it is all said and done.

 

[barnum42]

If you go the nice guy route you will get $crewed by your insurance company. The insurance company is not your friend. Insurance companies are set up to figure out every possible to not pay you a dime. They will under value your car, try to deny paying for physical therapy or medication, try to settle early, etc.

No arguments there. Whilst there are huge numbers of claimants trying to pull a fast one and the companies will want to prevent paying out in those situations, one can't help but think there is a combination of their thinking EVERYONE is trying it on, plus the greed of wanting to make as much money as possible is easiest if they only take premiums and don't pay up on them.

 

[Floridasunshine]

take pictures of the car if you still can, the intersection, the gas station, marks on the road, anything you can.

 

[DisneyPhD]

No advice, just hugs. How scary for you and so glad you are alright. I can see how not only the accident, but all the aftermath and the way the guy treated you would be terrifying. (and being away from home too.) Good for you for standing up to him and calling the police.

I do 2nd seeing a doctor and being checked out. Proper medical documentation can be important.

 

[Master Yoda]

No arguments there. Whilst there are huge numbers of claimants trying to pull a fast one and the companies will want to prevent paying out in those situations, one can't help but think there is a combination of their thinking EVERYONE is trying it on, plus the greed of wanting to make as much money as possible is easiest if they only take premiums and don't pay up on them.

I think it is like you said a combination of both the insurance companies wanting to maximise profits and get rid of insurance fraud. What we are left with however is honest people getting the short end of the stick.
In 98 I was involved in a minor accident. I stopped at a red light the guy behind me did not. All I wanted was my car fixed and not a dime more. There was about $500 worth of body damage and the exhaust system was damaged all the way to the manifold bringing the total cost to $1500. I had no injuries so I did not claim any injuries.

I week later I was told by the other drivers insurance agent that an exhaust system was considered a wear item and therefore prorated. They we graciously willing to give me $200 to replace $1000 worth of damage to the exhaust and $300 to replace my bumper. If I had been driving a rusted out rattle box I would have understood but I was driving an 18 month old car with 10,000 miles on it.

Thanks to that experience the next time I am in an accident, no matter how minor, I won't get out until the paramedics take me out on a backboard.
From what I have been told by my secretaries mother ,quite incidentally also my new insurance agent, the only way to even break even when you are not at fault is to be compensated for pain and suffering resulting from an injury.

It is a pretty sad state of affairs when the only way to pick up where you left off after an accident is to cheat.

 

[Woody13]

Master Yoda is right. Serious medical problems can crop up years later after an accident of this type.

Stopped they must be; on this all depends. Only a fully-trained attorney, with the Force as his ally, will conquer the insurance company and their drunk driver. :wave:

 

[Piebald]

I went to the hospital today and received a number of X-rays. The doctors said I would be fine, but that I would be in some pain for a couple of weeks. They gave me a neckbrace :lol: and prescribed me painkillers and muscle relaxers. The pain is definitely more significant now than it was earlier today and yesterday as well. Tomorrow I will call the attorney again to basically see where we go from here. I am completely out of it with school and work and this is a huge inconvenience. This guy deserves hell! :fork:

 

[barnum42]

Stopped they must be; on this all depends. Only a fully-trained attorney, with the Force as his ally, will conquer the insurance company and their drunk driver. :wave:

:lol:
Sadly, from the dark side they all come. Always two there are - the lawyer and his bank account. The bank account leads to greed, greed leads to frivolous law suits, frivolous lawsuits leads to cheats winning and the innocent suffering.

 

[tigsmom]

I went to the hospital today and received a number of X-rays. The doctors said I would be fine, but that I would be in some pain for a couple of weeks. They gave me a neckbrace :lol: and prescribed me painkillers and muscle relaxers. The pain is definitely more significant now than it was earlier today and yesterday as well. Tomorrow I will call the attorney again to basically see where we go from here. I am completely out of it with school and work and this is a huge inconvenience. This guy deserves hell! :fork:

((HUGS))

Good luck.

 

[lunalovegoddess]

:lo:
Sadly, from the dark side they all come. Always two there are - the lawyer and his bank account. The bank account leads to greed, greed leads to frivolous law suits, frivolous lawsuits leads to cheats winning and the innocent suffering.

:lol:

Sorry that this happened to you, Piebald. Since moving down here, I've noticed so many "minor" accidents and been involved in one. A trailer jacknifed about two cars ahead of us one day, and everyone had to slam on the brakes quickly. The problem was that our car kept going for a moment and we ended up with a crumpled grill. I was sore the next morning, but otherwise fine.
Anyway, the point is that no matter how experienced a driver you are, an accident can and will occur. I'm glad that you are taking your health seriously and can't help thinking that when this all comes to a head, you'll be in court wearing a neck brace... :animwink:

 

[Piebald]

My father is very stressed at the moment with a lot that is going on with my uncle and whatnot. He feels stressed out because of money issues and also because I am here and he is there. I keep telling him to chill out and calm down and breathe and he is also hesitant about even contacting a lawyer. What is everyone's take on that? Do you think it's worth it to pursue any legal actions against this man for basically making us all go through this nightmare that should have never happened? I want to hear some opinions... my parents are very naive and (well, I am too when it comes to these type of issues I suppose) and I want them to at least SPEAK to a lawyer without thinking all they will do is take the money and run.

 

[Woody13]

Piebald, you need to consult with a local attorney that specializes in personal injury cases. If you have a case, most good PI attorneys will take your case on a contingency basis. In other words, you pay nothing unless the attorney makes a recovery (i.e. wins the case for you). In automobile accident cases a contingent fee of 1/3 of the recovery is common. :wave:

 

[lamarvenoy]

This is why I stress to the people around me to have a minimum of 100K/300K insurance as well as special insurance to cover you in case its someone else's fault and they have none. I have 1 million/5million but my wife and I have clean records now and we are both hitting 30 this year so our risk level is way down.