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Old 09-24-2015, 09:18 AM
51 posts, read 44,635 times
Reputation: 49


You can recover lost wages. Best of luck.
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Old 09-24-2015, 09:32 AM
1,614 posts, read 1,127,034 times
Reputation: 2635
Did I miss something here? If I did I do apologize but were the police called and if not why? There are problems that come with not calling police as they have all the red tape.needed. Person rear ending you will always be at fault but never a good idea to negotiate with another insurance company on your own and am surprised they didnt refer you back to your own company. Do hope you do have your own insurance as in most states at least liability coverage is the law. Alot seems to be in limbo with the scenerio.
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Old 09-24-2015, 10:20 AM
Location: Richardson, TX
166 posts, read 174,493 times
Reputation: 296
Yes, you missed something. Several things. Often if you call the police in Dallas, they won't even come - the dispatcher will tell you to exchange information. Even if they do come, they often won't write a report and will just facilitate an exchange of information. No, the person in the back is not always at fault. Generally true, but there are exceptions and "always" is inaccurate. It's often a fine idea to negotiate with another insurance company directly on your own, and it's very rare in Texas that an insurer would "refer you back to your own company". If you go through your own carrier, you generally have to pay a deductible and they can't handle your injury claim for you. I don't see anything wrong with how the OP has been handling things thus far.

It looks like I'll lose the battle on how valuable attorneys are for non-serious injury claims so I won't keep belaboring the point beyond this post. I will say that I've worked in insurance claims my entire adult life and among the many roles I've had was managing a group of auto bodily injury adjusters. It was my job to approve authority requests and I can guarantee you that I never once said to myself "uh-oh, this person is represented by an attorney for a non-permanent soft tissue injury - better add a couple thousand!". There are too many factors at play in every case to generalize too much, but sometimes attorneys can uncover something and bring to our attention that might make the claim more valuable. This is not common, but it can happen.

As someone who is very familiar with this process, I can say that I would never retain an attorney unless I intended to sue someone and that I don't recommend it to my friends or family when they ask my advice. I know that I can get myself a better deal and have done so in the past for myself and for those close to me. Again to the OP, I hope you feel better and get everything resolved! Feel free to DM if you have any specific questions I can help you with.
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Old 09-25-2015, 08:50 AM
769 posts, read 489,796 times
Reputation: 1786
I think your main problem is that the accident is classified "minor" and that you didn't need immediate (as in emergency vehicle/ambulance) medical help.

To the adjuster you probably look like the garden variety whiplash money grifter (I'm not saying that you are) and they are trained to smell those from far away.

Good luck!
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Old 09-25-2015, 09:19 PM
64 posts, read 100,764 times
Reputation: 40
My husband was an auto claims PD manager as well for years, and he agrees with LookingInRichardson. Just an extra vote for what he/she has stated.
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Old 09-26-2015, 08:24 AM
10 posts, read 5,277 times
Reputation: 12
Thanks again for all of the advice! The vehicle is finally going through the first inspection today (by the other driver's insurance company) for the initial repair estimate. Then, I will have the body shop of my choice look at it. I'm interested to find out whether either of them can estimate how fast the other driver was going. Since I didn't see them coming, I have no idea, but I was idling at a red light, so I took the brunt of the impact.

I think that's part of the problem with it being classified as "minor". The other driver was young and told me they had never been in an accident before. As I took the brunt of the impact, they really have no idea what they are talking about, but I would fully expect most people to classify any accident that was their fault as "minor". However, that the insurance company (which has accepted fault) would only base that determination off of their insured's opinion of the collision is really underhanded, in my opinion.

Hopefully we can come to terms without this getting too far out of hand.
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Old 09-26-2015, 11:06 AM
Location: Richardson, TX
166 posts, read 174,493 times
Reputation: 296
They're just going off the information they have right now. Your vehicle inspection will help a lot in establishing the impact. If it's a decent hit expect the tune to change about your injury. I agree that whoever is at fault generally minimizes the seriousness, but objective evidence like your vehicle doesn't lie. Glad you're making progress!
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Old 09-26-2015, 01:32 PM
10 posts, read 5,277 times
Reputation: 12
Well the bad news is that based on the initial estimate, the vehicle is only $400-500 away from being considered a total loss. We won't know for sure, until the body shop pulls it all apart.

The badder (lol) news is that the adjuster said there was no way to estimate how fast the other driver was going, without hiring a forensic investigator. This is not in line with information I have received from several other sources, so I'm slightly more worried about this insurance company's shadiness.

Time will tell...
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Old 09-26-2015, 05:05 PM
27,602 posts, read 45,068,588 times
Reputation: 14101
I guess you would have Ben better off asking for an ambulance to take you to hospital...

We have been in three accidents since the 80's--none our fault...
First, we were rear ended in a turn lane by a Domino's Pizza driver on his run back to the pizza place...had three kids in back seat who were all young enough to have heads below top of seat...no real injuries but big damage to car...the driver was under 25 and got out of car with change spilling from his tabard...trying to change out of uniform although he had the Domino sign on top of car... Speeding for sure...

Second time was 3 yrs ago. We're in FL for birth of grandson. We're going home afterwards about 11pm--got hit on driver front fender by Sequoia running a yellow light. We were in Avalon rental car...think heavier car saved us a lot of damage... Car was totaled... We had ins through AirFrance frequent flyer program for car and National was great ...
We paid nothing for damages and they dealt with driver of other car.

but the state trooper who answered the call declared no proof one way or other as to who ran light. So it was no fault--our ins picked up our medical to 5k I think. I was in lot of pain from seat belt trauma and air bags deploying. Went in ambo to same hospital daughter and new grandson were in.
Had to go back a couple of days later to get MRI on my legs--worried about deep vein clot.
Other driver insurance offered negotiated settlement...they knew they were at fault.
It was
Sinful recovery for me...two years later had lump in one breast from seat belt trauma but initially didn't know--could have been more dangerous. Had to have ultra sound, mammogram, and then procedure to biopsy. That was long term consequence of that accident so they can show up later...

Last one happened this summer. Stopped at red light in FL again and hit by someone not paying attention. Grandson in his car seat--we were ok. In our Tahoe...it had damage to trailer hitch and driver side panel. Her insurance was AllState...we had very good treatment. But it wasn't that serious a hit...

I would really make sure your get good advice about your injuries...whiplash can be minor or long lasting....plus--we have had State Farm Ins all our adult lives and been happy (knock wood) with them. We ALWAYS contact our ins even when we are not at fault... They have always been a good sounding board if nothing else... And of course I mean our agent's people/staff...not the 800- phone CS people...
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Old 09-26-2015, 05:51 PM
1,188 posts, read 2,017,242 times
Reputation: 1382
can I. ask why it matters how fast the other driver was going? if they admitted fault, why is that important?
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