Car Accident - Do I need a lawyer? What to do? (Mesa: rental, insurance)

[barstowgirl]

I was involved in a "Hit and Run" accident while sitting at a red lilght waiting for it to turn green on Stapley and Southern in Mesa. There i was minding my own business waiting for the light. I heard a screech and thought "someone just got hit" and then all of a sudden i felt a huge jolt and got pushed into the intersection, my entire back widow shattered and my bumper on my truck went a few inches south of where it is supposed to be. Turns out the main guy that caused the wreck slammed into a car behind me and pushed her into me, then took off. Luckily for me witnesses followed hit and jotted down his license plate number. He was later arrested.

We (me, my 3 girls, and fiance) were all wearing our seat belts, I Hit my knee on the steering column and banged it pretty bad. I had a some whiplash and stayed home a few days from work to recover. I called my insurance company the next day and they advised me to wait it out a few weeks to see if they can get ahold of the other guys insurance. I recieved the police report about the main guy the other day.

My big question is my knee still hurts 2 weeks later. My truck window isnt fixed, do i sit tight and wait for insurance or consult a lawyer.

I havent been in a wreck in about 15 years. I have no clue what to do. I just want my knee to feel better, my truck fixed, and recover the wages i missed due to this idiot.

[LBTRS]

You don't have to wait for insurance to seek medical help and get your truck fixed. If you plan to try and recover lost wages, damages, medical, etc. that might require a lawyer but no reason to have to wait to seek medical attention or fix your vehicle. You will need to know how much it cost to fix the vehicle and medical attention before you can settle with an insurance company. DO NOT agree to a settlement until you know what your costs are.

Your insurance company should be telling you how to get your vehicle repaired and then they will figure out who is going to pay for it (his insurance or yours). You cover the deductible, they cover the rest and then go after his insurance if it is determined to be his fault. Your insurance company should be taking care of you right away either way.

[rjrcm]

You should probably consult a lawyer. I think there was another thread around here with a similar situation where the middle car also had some liability.

Update: Here's the link - https://www.city-data.com/forum/phoen...ahwatukee.html

[LBTRS]

Originally Posted by rjrcm

You should probably consult a lawyer. I think there was another thread around here with a similar situation where the middle care also had some liability.

I would only think you would "need" a lawyer if there was some chance of YOU having some liability in the accident. If you were hit from behind and didn't hit anyone/anything then I don't see why a lawyer would be required unless you planned to go after something other than the actual costs for medical and vehicle repair.

I'm just worried about a lawyer costing her more than she can recover.

Edited to add: After thinking about it, since you have injuries I guess a lawyer wouldn't hurt since there can be costs incurred down the road if the injuries are persistent.

[rjrcm]

Originally Posted by LBTRS

...Edited to add: After thinking about it, since you have injuries I guess a lawyer wouldn't hurt since there can be costs incurred down the road if the injuries are persistent.

That was part of my thought too, along with the complexities of the situation and being sure they get what is due to them. Hopefully all the drivers were insured.

[Finger Laker]

Originally Posted by rjrcm

Hopefully all the drivers were insured.

This is important - and with multiple vehicles involved not only insured, but adequetely covered for liability (although it doesn't sound like it was that serious of an accident)

I would hold off on a lawyer for now, but definitely keep that as an open option.

You have the police report and it's clear that you have no liability.

So you have two courses that need to be addressed:

• Other drivers liability for the physical damage to your auto
• Other drivers liability for the bodily injury to you

His insurance should respond and it shouldn't cost you anything, unless you want to improve your position (insurance is designed to only make you whole).

Keep in mind that there will usually be a settlement and release - keep note of your injuries and make sure you feel that you have enough to keep going for a enough treatment to get back to your own pre-accident condition ..... you can settle in chunks, one settlement for your car getting fixed, one settlement for your injuries ..... you may even have different adjusters, depending on which company you work with

If you feel you are being mistreated, keep documentation and then consider a lawyer and throw the words "bad faith" out there - in most instances you shouldn't need the reinforcements, but there are some bad companies/adjusters

This is also why it's a really good idea to have uninsured/under-insured motorist insurance out here - it's pretty standard out here though

Hope you get feeling better and best of luck working through the claims process

[barstowgirl]

Thank you both. Unfortunatly i dont have medical insurance. I just started a new job 2 months ago after being unemployed for awhile. I am now rebuilding my life. I really cant afford to go to a doctor. Do doctors take you without payment if you tell them you were in an accident? And maybe make payment arrangments.

I am thankful that my dad told me to get full coverage on my truck. I didnt hit anyone. I just got pushed into the intersection. I feel sorry for the poor little lady that hit me. She was in a little pontiac sedan of some sort. The guy that hit us was in a big dodge truck and i was in my ford truck. Her car was all mashed up. She got sandwiched beetween 2 trucks. Did i mention that the cops told us that the guy was drunk?

So am i supposed to call the drunk guys insurance? Do i take my truck to a shop to get estimates? Pictures were taken at the scene by Mesa PD as well we took our own with our phones. So there are pictures already.

Im am so sorry to appear dumb in this case. But to be honest i am. My last accident was 15 years ago and they guy that hit me was drunk as well. His insurance quickly tried to call me and settle. I remember it taking awhile. But as of today I have only spoken to my SF agent, and SF claims. They told me "It would probably be in my best interest to sit tight". If i file a claim and pay my deductable my premium may go up. If the guy in the truck wasnt fully insured that my uninsured motorist coverage would take care of my knee. But my premium would go up. I didnt do anything. I was sitting at a light waiting for my turn. Why would my premium go up?

[Finger Laker]

If you tap your insurance it's your claim and will show in your loss history - regardless of fault .... however, UM/UIM are typically first party claims in the absence of fault .... as such I would inform your agent that even if you do access this you absolutely will not expect a premium increase

Format Document

20-263. Vehicle insurance; prohibited act by insurer; hearing; penalty
A. No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured. Any insurer which increases the premium as a result of accident involvement shall notify the insured of the reason for such increase.
B. The director, after a hearing, shall order an insurer that has raised the premium of an insured in violation of subsection A to refund the amount attributable to such premium increase and shall impose a civil penalty not to exceed three hundred dollars. In determining whether an insurer has violated subsection A, the director may conduct such investigation as he deems necessary and the costs shall be paid by the insurer pursuant to section 20-159.

Here is a decent link for consumers at the state DOI webpage - really basic stuff, but some good info

Arizona Department of Insurance Consumers Page

It's also odd that they would tell you to sit tight for any duration of time - usually speed is the key to a good settlement as only bad things can happen as time lapses

If you have MedPay coverage on your insurance it could be a decent idea to tap into it - keep in mind your MedPay limit is per person involved in the accident and not per accident (so if you had a $10,000 limit it would be $10k for you, your 3 kids and your fiance for a total of $50k)

I would definitely get back on the phone with your rep though and press them - also, anything you can do electronically to create a paper trail definitely do it ..... if you have a phone conversation document date, time, person you spoke to and details of the conversation

[madmmac]

Your insurance agent should be handling everything for you. If not, they are not doing their job.

Your car should already be in the shop getting fixed and you should be driving a rental---of at least the same type vehicle that is being repaired....ie. you were in a truck, you should get a rental truck.

You should have medical on yourself if you have full coverage in the case of an accident.

You need to call your agent and get them moving.

Good luck.

[LBTRS]

Originally Posted by barstowgirl

Thank you both. Unfortunatly i dont have medical insurance. I just started a new job 2 months ago after being unemployed for awhile. I am now rebuilding my life. I really cant afford to go to a doctor. Do doctors take you without payment if you tell them you were in an accident? And maybe make payment arrangments.

I am thankful that my dad told me to get full coverage on my truck. I didnt hit anyone. I just got pushed into the intersection. I feel sorry for the poor little lady that hit me. She was in a little pontiac sedan of some sort. The guy that hit us was in a big dodge truck and i was in my ford truck. Her car was all mashed up. She got sandwiched beetween 2 trucks. Did i mention that the cops told us that the guy was drunk?

So am i supposed to call the drunk guys insurance? Do i take my truck to a shop to get estimates? Pictures were taken at the scene by Mesa PD as well we took our own with our phones. So there are pictures already.

Im am so sorry to appear dumb in this case. But to be honest i am. My last accident was 15 years ago and they guy that hit me was drunk as well. His insurance quickly tried to call me and settle. I remember it taking awhile. But as of today I have only spoken to my SF agent, and SF claims. They told me "It would probably be in my best interest to sit tight". If i file a claim and pay my deductable my premium may go up. If the guy in the truck wasnt fully insured that my uninsured motorist coverage would take care of my knee. But my premium would go up. I didnt do anything. I was sitting at a light waiting for my turn. Why would my premium go up?

This is why you have an insurance company to assist you with all this. They can't raise your premiums if you were not at fault. I would be raising hell with my insurance company for some assistance in all this.