Thursday afternoon I was driving on the freeway in a large, heavy vehicle (Chevrolet Suburban) and I was towing an empty cargo trailer. Traffic ahead of me slowed to a stop. I was able to stop in time but the semi trailer behind me rear ended me, destroying my trailer, totaling my Suburban, and causing a chain reaction, damaging the next three vehicles ahead of me.
Fortunately, everyone walked away from the accident. Me being in a heavy vehicle and having a trailer behind me to help absorb the impact certainly helped mitigate my injuries, which are relatively minor. My neck and shoulders are sore but that’s the extent of it.
The trucker was cited for following too closely and careless driving. Friday morning I received a call from an insurance adjuster representing the trucking company, who offered me $1000 if I’d waive all medical claims.
My thoughts on this are all over the map. On one extreme I could look at it as free money, earmark a couple hundred of it for massages, and hope I don’t have any long term problems. On the other extreme, I could hire a personal injury lawyer who specializes in these cases and seek full compensation for all known and unknown injuries.
Clouding the issue is the knowledge that I will definitely take a financial hit on my totaled vehicle and trailer. The Suburban was older but was in near new condition and had unusually low miles for its age. It will be impossible to replace at “book value”.
The most important thing is that I’m pretty much OK for the experience. It could have been A LOT worse.
I’d appreciate any thoughts on dealing with the insurance company.
Nope on the medical claim waiver. Right now you just think you are a bit sore, but until you’ve actually been thoroughly checked over and had any MRIs, xrays, etc. you won’t really know. So go get that done, and let it be on their dime. I just finished 16 sessions at $30/visit in co-pay of PT for a bum shoulder. You can bet my insurance company shelled out a whole bunch more.
The insurance company is trying to screw you over. Do not sign the waiver. And, from personal experience, you should immediately get the requisite medical examinations, in the event that you do choose to file a claim. Procrastination will hurt your case.
What everyone else said. Do not waive anything. See your doctor. Not encouraging you to inflate your claims, but (a) you do not know what you are going to feel like next week [soft tissue injuries are unpredictable] and (b) $1000 does not cover your losses.
I’ve heard soft tissue injuries from auto accidents can take a few weeks or even months to appear, and sometimes last for years. Best to wait a bit and make absolutely sure you’re 100% ok before taking a settlement.
Also, they should pay for ALL damage–to your car and person to make you whole, including any list wages and time you hat need to take off for medical appointments related to the accident. $1000 is way too low from what you’ve described.
I’m chiming in to agree with the others. Get fully checked out, do not accept the lowball offer, or any offer at this point. Even low impact collisions can cause delayed injury, even brain injury. And yours didn’t sound like low impact.
After my dad’s accident, my dad got a call for a settlement while he was still in the hospital, barely out of a coma. He couldn’t remember who my mom and I were but he at least had the presence of mind to know that something wasn’t right. The amount they offered was pathetic- not even enough to cover the hospital stay.
I agree that it is reasonable to ask around for a good plaintiff’s personal injury attorney in your state. Initial consultations are generally free and most will take cases on a contingency fee basis–they will take a portion of the MUCH higher settlement they obtain from you and you pay nothing until the case is resolved in your favor.
I hope you saw a doctor, based on that amount of damage. Years ago I picked up a friend after he was T-boned in an urban accident. No one was going very fast but his small car was totaled. He insisted he was fine. The next morning he could not get out of bed. He had a crushed vertebrae and needed surgery and months off from work. I would get a lawyer.
For the damage to your EC truck go on eBay and look at completed listings. Print out similar year make models that sold for high amounts. You can dispute the amount his insurance wants to give you and show them some proof.
Definitely wait on any medical settlement. Once you sign it then they’re off the hook. DW was rear-ended shortly after last Christmas and thought everything was OK (car suffered $20K in damage). Thirty-six hours later we were headed to the Emergency room because of excruciating neck pain. We had to cancel our big anniversary trip, etc. Took a month of PT to get better. The other driver’s insurance offered the quick settlement but we held out until we knew she was better. They ended up covering everything.
It’s now five months later. DW was helping me lift a cooler into the pickup truck yesterday. Strained that same part of her neck again. It’s always going to give her trouble.
I think they have a lot of nerve hoping you will just go,away fro $1000. Clearly THEY think there could be other issues or they would not be making an offer that precludes you from filing a claim.
See a doctor before you agree to any type of settlement or waiver. $1000 sounds low for what you’ve described by the way. Also see a lawyer. There are some attorneys who specialize in accidents involving tractor trailers trucks, and I would probably look for one of them.
A friend of a friend was in an accident with a teenage driver. His fault completely. She was sore and had some back discomfort, for whitch she did get some preliminary evolution ( I don’t recall the details). The insu company tried to get her to take $1600 for medicals to go away. She said no. A week or so later she was bending over her dishwasher and something in her back “gave out” and she ended up a quadriplegic. Months of Inpatient treatment at a well known spinal cord facility and she only has partial use of her arms. And. To make matters worse, her husband died while she was in the hospital. So now she is significanly impaired and Iives alone, needing significant assistance. Not saying this will happen to anyone else, but just a fair warning. Do NotSign the form.
This is called a direct deal and insurance companies (I work for one) love it when people accept them.
Consult a personal injury attorney. If it turns out that you have no injury, I would still not accept less than full value for the vehicle damage. Don’t let anyone try to tell you that you have to put it through your own policy. If you are rear ended and the other party was found to be at fault, you have no liability and should proceed against the other party’s insurer. If the property damage turns out to be your only claim, you might be able to go to small claims court or handle it yourself, saving the attorney’s fee. I would not recommend that for any injury and if you have any, the attorney can handle both aspects.