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  • Advice after car accident

    Hey guys, I know there is quite a well of knowledge here on the board and I was looking for some advice:
    My girlfriend and in a minor car accident on the weekend. We were stopped at a yield sign and the driver behind us really plowed into us. I'm pretty sure her car is going to be a write off, and we are both really feeling the effects of whiplash. We went to the hospital that evening just to get checked out. I believe the other driver recieved a ticket, and I would assume he will be at 100% fault. Do you think we will receive anything other than medical costs for our condition? Will we get screwed over on the price of my girlfriends car? Any advice would be greatly appreciated, this is my first experience with this and we're just trying to budget what our costs will be.

  • #2
    Not sure how it works in Canada, but over here, in the event of a crash/accident, the two drivers exchange contact and insurance details. Did this happen?
    The fact that the other driver received a ticket strongly suggests that he was at fault, therefore all relative costs are incurred by them/their insurance company.
    I would imagine this would also cover loss of earnings if your whiplash causes you to take time off work.
    But to answer your question, the other driver should incur the costs of damage to your car.

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    • #3
      Once again not knowing legal issues of difference, I will offer this. DO NOT cash any checks form the driver or the insurance company until you know the extent of your losses. Cashing the check is acceptance of their final offer. If you suffered physical injury, get a lawyer and not us.

      I hope you bith are going to be ok and sorry that you have to go through this.

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      • #4
        Again, not too sure how it works up in Canada, but in the U.S. all cases where a driver hits you from behind are his fault for not keeping a safe following distance. Should be 100% his fault.
        Good luck getting through this, your safe, and thats something to be thankful for.
        Take care.

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        • #5
          Originally posted by The West Wall View Post
          Again, not too sure how it works up in Canada, but in the U.S. all cases where a driver hits you from behind are his fault for not keeping a safe following distance. Should be 100% his fault.
          Good luck getting through this, your safe, and thats something to be thankful for.
          Take care.
          Not at all true. While most cases of rear end accidents are the fault of the rear car there are cases where the other driver is found at fault or at least to have contributed to the accident.

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          • #6
            I have never heard of a case where the car that was rear ended is at fault. My understanding is the car behind is always cited for negilence or following too closely. I was in that type of accident and the other driver's insurance company was so nice because they knew they had to pay and wanted me happy so I didn't involve an attorney. Just my 2 cents. Same goes for backing up. My wife tagged a car that actually snuck behind her while she was backing up. Cop gave my wife the ticket and our insurance had to pay. Cop said it is your responsibility while backing up to be in control of your vehicle at all times. Turned this woman had done this at least 3 times. Good money maker. Our insurance company gave her $2,000 on a piece of **** Toyota pickup that could not be worth $1,000. Since it was paid for check was sent to her. I saw the truck 2 months later and she never had it fixed. I tried to get my company to reverse it but they told me we were at fault.

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            • #7
              The person who hits from behind is not always found to be at fault and forced to pay. There are what are considered "no-fault" states where the driver's insurance is responsible to damage to their car, regardless of fault. If the person who is hit is deemed to have stopped with no cause, they can be found partially liable for the accident. Their insurance will assume responsibility to cover the percentage of damage the driver is found to be at fault. Surely, the exceptions are rare, but they do occur.

              As far as this accident, PM Puctrgt. He is involved with the insurance industry and can probably help you the best.

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              • #8
                There are times when the person that is rear-ending in an accident is at fault. It happened to me so I know first hand. The guy pulled a U-turn not too far in front of me and was in the parking lane. I thought he was going to park but he pulled out right in front of me and I crashed into him. It was deemed to be 100% his fault.

                For the original poster the best advice is not to settle until you know the extent of you and your girlfriends injuries. You may want to contact a lawyer.

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                • #9
                  Weather can impact the assumed fault of the rear-ender.

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                  • #10
                    Yes, get yourself a Lionel Hutz.

                    You'll probably have to fight with the driver and insurance company for medical expenses and other recuperative treatment depending on just how good the driver's coverage was. I would talk to a lawyer before you even begin talks with the insurance company over those medical expenses because that's where the real money is. The insurance company and the driver will be worried as hell about any sort of negligence or tort suits that could be filed.

                    When you went to the hospital, what sort of a diagnosis did you both get?

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                    • #11
                      Thanks for everyone's posts. We were diagnosed with soft tissue injuries in our necks and backs. I'm probably going to go talk to a lawyer today.

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                      • #12
                        Go talk to a lawyer.

                        A little story here, over a year ago I was sitting at a red light, and got rear-ended. I pulled down the side of the road, the other driver jumped on the highway and took off. Called the cops, went to the hospital, had severe whiplash, and broken ribs.

                        We eventually found the person that took off (their license plate fell off the car at the scene), but nothing ended up happening to them, due to the incompetence/lazyness of the local PD.

                        Anyway, got in touch with a lawyer. Had to go through 3 months of physical therapy, another trip to the hospital when the pain got worse, and a few visits to an orthopedic surgeon.

                        After all was said and done, we settled with their insurance company for $10,000. I took home ~$7,000 after lawyer fees. All of my bills were paid by my insurance company through no-fault (not sure if there is no-fault in Canada, though). Car was repaired, and deductible was refunded.

                        But, I'm fully healed, paid off my credit card, bought me a new helmet, and threw $5,000 into a CD.


                        So yeah, go talk to a lawyer...

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                        • #13
                          Originally posted by Sparkles View Post
                          The insurance company and the driver will be worried as hell about any sort of negligence or tort suits that could be filed.

                          When you went to the hospital, what sort of a diagnosis did you both get?
                          The insurance company, in all likelihood, is not the least bit worried about lawsuits because they build the costs of those expenses into all of our premiums. For the most part, all legitimate insurers are happy to pay what they owe and not a penny more.

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                          • #14
                            Originally posted by azdave View Post
                            I have never heard of a case where the car that was rear ended is at fault. My understanding is the car behind is always cited for negilence or following too closely.
                            I have personally handled claims like this in the past where the person that was rear ended was found to be at fault. In a few, it was similar situation to what you described happened to your wife where a "professional claimant" intentionally caused the accident by swerving in front of a car with no notice and immediately slamming on their brakes to cause the accident.

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                            • #15
                              Originally posted by James_esq View Post
                              I have personally handled claims like this in the past where the person that was rear ended was found to be at fault. In a few, it was similar situation to what you described happened to your wife where a "professional claimant" intentionally caused the accident by swerving in front of a car with no notice and immediately slamming on their brakes to cause the accident.
                              Ahhh, the "swoop and squat". This is definitely a favorite of "professional claimants" as you named them. It is important to note, especially to azdave, that this is considered insurance fraud. The fact that the lady had done this kind of thing before should have been an indicator. Also, the fact that your insurance company did not take it as such would cause me to seek a new insurance company. They were more than happy to take your deductible and likely increase your premium without at least persuing a different course.

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