Just got injured in a car accident

[uniquemr2]

Last night I got into a car accident. The question I have for you gents and ladies is whether or not you think it's worth it to hire one of those personal injury lawyers? I've never dealt with any insurance claims ever in my life so I'm just very stressed as to what to do. Your help and input will be appreciated.

 

[spiff]

Get a lawyer...

A really good one.....

 

[papasmerf]

the deployment of air bags often cause whiplash. If all you say is true you have a case aginst driver "Y" for reckless driving causing an accident, possible failure to signal intent, unsafe lane change. BTW an insurence company is not in business to give money out.

 

[tboy]

With our wonderful laws in regards to insurance claims you will only be able to obtain limited amounts for pain and suffering. A good lawyer will tell you this right away, a crappy one will drag it out trying to get you as much as possible in legal fees. BTW: legal fees for this type of claim are (I am sure) are NOT reclaimable in a suit of this nature. So be careful.

Most likely your insurance company will go after his insurance company for any 'real' damages you've incurred. By real damages I mean, damage to your car, lost wages etc.

A couple of things you have to do right now:
1) Get a doctor's report, xrays etc. of your mother's and your condition.
2) Contact your insurance agent or broker and make sure they know about the accident and find out what their specific procedures are
3) Make sure you have the id's of the police who were on the scene so you can pass this info onto your insurance.

Before contacting a lawyer talk to your broker or agent, he should be able to give you a better heads up on what you can, and cannot possibly get.

BTW: an agent will give you the straight goods, it doesn't affect him one way or the other whether or not you sue anyone so his advice will be unbiased.

 

[james t kirk]

From your story, it sounds like the other guy didn't hit you.

Is this the case?

Anyway, unless you are truly injured, you won't see a dime.

My mother was incredibly banged up one time when her car was rear ended. Hit so hard, her seat broke. She was in the hospital, had to wear a series of different braces, etc.

She retained the services of a "lawyer" who initially sued the other guy for everything under the sun, like over a million. The other guy's lawyer (hired by his insurer) tried to pin it on my mother (a rear ender?), said that her car was unsafe, blah blah blah. It's a complete game.

Long story short, in the end, the settlement was 10 grand, of which her "lawyer" took about 4 and change.

Canada is not the states when it comes to handing out money in lawsuits.

Good luck, but you are still alive and not in the hospital, and therefore, you probably won't get much if anything.

 

[james t kirk]

Sorry about your accident...........

The one thing you may want to consider is not referring to your neck and back pain as chronic the day after your accident. It's a little early to describe your pain as chronic. Kinda makes you sound like you are looking for the big payout. Subtlety is key...........

Good luck.

Note to the original poster, "chronic" doesn't mean bad, it means lifetime. I.e. if in 10 years from now, you are still suffering neck pain from this accident, you can refer to it as "chronic", until then, you are sore.

 

[train]

Sorry about your accident...........

The one thing you may want to consider is not referring to your neck and back pain as chronic the day after your accident. It's a little early to describe your pain as chronic. Kinda makes you sound like you are looking for the big payout. Subtlety is key...........

Good luck.

Those were my thoughts too along with the personal injury lawyer question before you have read your insurance policy and heard what the insurance company will reimburse. You said the other guy was charged so there must have been some witnesses so it would appear that you don't have to worry about determining fault in the eyes of your insurance company.
Wait and see before you hire a lawyer. This isn't the States.

 

[WhaWhaWha]

You are 100 percent entitled to seek compensation for damages and injuries -- especially for the other party's liability. Insurance companies may be reluctant to pay out but in the long run with a well doucmented case such as this you can expect to be cmpensated for the loss of your vehicle, and income of two parties plus medical expenses. There is no law requiring pay out for pain and suffering in Ontario, but many insurance companies settle quick to avoid mounting medical bills. For example, one case that I knew personally of in Chatham was dragged out and that allowed the injured party time to discover she required spinal surgery and round the clock care - at a cost six times greater than she was originally asking, which was only twice what the insurance company originally offered. Now they were on the hook for 12 times their originl offer and more on an ongoing basis.. Has they reached an agreement before she discovered her need for surgery, she would have been on her own. Make sure you get all you deserve. Go to every medical appointment and evey therapy session without fail. Good luck and get well.

 

[KBear]

Call your insurance company.

You should get a rental car. You may not have to pay for the extra cost of insurance on that car, if you pay it, the insurance company may not reimburse you for it.

 

[JeremytheWicked]

The way insurance works in Ontario, your insurance company will be the ones paying out this claim, regardless of fault, especially since the way they will look at it is that you didnt have control of your car. Shitty circumstances.
If you hire a lawyer ASAP, it could work against you. Contact your broker and he/she will direct you with regard to what you need to do and when.

 

[train]

In 101 cases out of 100 you're in the wrong if you're making a left and someone hits you, even if the other guy is drunk with a SP making happy in shotgun.

You said he was making a left, therefor it is utterly his fault. Find a good lawyer, then get him to recommend a GREAT one, then get what's intitled to you and your mom (YMMV).

I think he said he didn't hit the other car. He hit a sign at the gas station.

 

[uniquemr2]

You guys are correct about me not hitting the other car. I agree with you James on the definition of chronic pain. The injuries that I'm currently experiencing is not chronic at the time being.

JeremytheWicked, do you have any idea whether or not brokers would provide bias information to me that favours the insurance companies?

I just spoke with the insurance guy and they said that I might be partially at fault for not hitting the guy head on initally instead of turning right. Any ideas on appeal or way of fighting it to prevent my insurance from going up?

 

[JeremytheWicked]

No matter who is at fault, your insurance may go up as this is going to be an accident claim. This type of claim is the most expensive and is why we pay the premiums we do. Depending on a few factors, it may go up, and most likely will.
Ontario Insurance law is to blame, not the companies.
Insurance companies dont really look at fault, just at who is going to be the one to pay out the claim. They may strike an agreement with the other parties insurance company for partial coverage, but I doubt it since you did not actually hit him, but the sign.
BTW, your broker is acting on your behalf. If you feel they are biased, consult a lawyer, but traditionally they are there for you. If you are not being served the way you expect, its probably the insurance company to blame and not him.