Car Insurance & accidents

[sephir]

My first car accident ever happened this weekend. Essentially I was at a full stop when the driver behind me smashed into my rear end. The police believe he was texting on his cell phone, and not paying attention to the road at the time of the incident (texting while driving is illegal here). The police officer also told me that I was at no fault for the accident.


Now here is where it gets tricky. We had 2 bicycles (expensive race bikes) strapped to the back of my car. When he hit our car the bicycles got obliterated beyond repair. My car could potentially be written off based on the severity of the damages.


So I have a few questions:

- What is the process that would be involved in obtaining the compensation for the damages?

- How long does it generally take from obtaining an estimate of the damages to actually receiving the compensation?

- Would the bicycles be appraised at replacement cost or at depreciated cost? (one was new this season and the other was about 3 years old)

- How long before whiplash goes away?

I live in Ontario, Canada.

[MarkM.]

Too many variables to be able to answer this. The process can be as quick as a few days or up to months, depends on the insurance. Also depends on if your car is totalled or if it has to be repaired, and how long the repairs take. You might want to try to talk to a lawyer if they won't talk to you about tbe bikes. And depending on how old you are and how bad the "whip lash" is to give an estimate of how long it will take to go away. My advice is since you were not at fault, go to a doctor and get checked out, especially since you live in Canada and have free health care.

[Takedown3]

i'm in ontario too bub and i'm doubting the bikes are going to be covered under your car insurance unless you had one heck of a plan.

[Cleverness]

Whiplash doesn't go away until you get a settlement.

Joking aside, make sure you start now to get everything down on paper for proof. As mentioned go see a doctor immediately to get a proper screening for the whiplash and anything else you might have gotten, get documentation from him and make sure to get pictures of the car damaged. On the bikes if you have proof of their damage(take pictures of them if you haven't) and can provide proof of the price you paid for them(should be easy to do for the newer one, dunno about the older one and how you keep records) you can usually get the guy to reimburse you, if not leave it to your lawyer.

And the process to actually getting your money is hardly ever fast unless you go in without a lawyer and uninformed and you end up accepting the low offer they always end up throwing at you. Don't expect to get paid right away but considering you have cops telling you that the guy was texting while driving and hopefully put that in the police report then I don't see you having much trouble. Then again I don't know anything Canadian laws so I could be wrong.

[bluefan]

My first car accident ever happened this weekend. Essentially I was at a full stop when the driver behind me smashed into my rear end. The police believe he was texting on his cell phone, and not paying attention to the road at the time of the incident (texting while driving is illegal here). The police officer also told me that I was at no fault for the accident.


Now here is where it gets tricky. We had 2 bicycles (expensive race bikes) strapped to the back of my car. When he hit our car the bicycles got obliterated beyond repair. My car could potentially be written off based on the severity of the damages.


So I have a few questions:

- What is the process that would be involved in obtaining the compensation for the damages?

- How long does it generally take from obtaining an estimate of the damages to actually receiving the compensation?

- Would the bicycles be appraised at replacement cost or at depreciated cost? (one was new this season and the other was about 3 years old)

- How long before whiplash goes away?

I live in Ontario, Canada.

I don't know how it works in Ontario, but here in Manitoba with MPI (buncha money grubbing bastards) depending on the severity, they'll just write it off.

My mothers sedan was completely totaled when some fucker ran a Stop sign and it was a complete write off. The cheque to cover the cost of the car came about a month later, after adjuster did his thing.

The bikes...unless you have the priciest of insurance coverage, doubt they'll be compensated by your insurer. You could file a civil suit though, against the person who rammed you.

It varies from person to person, but I would go to a doctor to make sure about the whip lash. Not something you want to take lightly, even if you don't feel all that bad.

And if you haven't yet, take lots and lots of pictures of the bikes. And anything else that might've been damaged that's not part of the car.

[Mistress Stowastiq]

Fortunately you are in Canada where there is possible free insurance but you should get your neck looked at professionally and keep receipts for everything including travel/gas. While it may seem light, neglected neck injuries can lead to an ass load of trouble read: PAIN, later on.

Whiplashes can sometimes require mild physical therapy, mine did.


Because you are in Canada this all might be a different process, I have no idea about the laws there and I am basing my info on what you do in USA.


Get lawyer.
Get the other driver's insurance records/info.
Get copy of police report.
Get copies of medical reports and expenses.
Take photos of everything damaged.
Get estimates written for all damaged items including bikes.
Contact your insurance and the other driver's and demand compensation for your damage.
If you get a lawyer you might have more luck with filing for any other compensation like loss time at work or other things.


How long it takes depends on how good you ride the asses of the insurance adjusters on both sides. Having a lawyer send them a "You need to pay this person, this much by this time or lawsuit asap." notice is VERY helpful. Often they stick to the maximum required time limits and act slowly. Lawyers make them act faster. I don't know how lawyers work in your area but usually the lawyer will give you a free consultation and then charge the other person for his/your legal fees. A lawyer can mean the difference between getting paid at all and getting paid on time compared to getting paid nothing and being paid later.


I hope you are ok and the neck damage is not severe. I wish you the best of luck in your situation.

[sephir]

Well the neck damage is very minor, it feels like I slept improperly more than anything.

I've got the insurance information of the guy who hit me, as well as a copy of the police report. The bicycles are currently attached to the car in an impound lot waiting to be assessed for damages. Photos are very difficult in the case of the bicycles simply due to the fact that one of them is carbon and much of the damage cannot be seen with just the naked eye - there are 2 cracks that we could see but the damage would be better seen inside by an xray).


As far as a lawyer... I don't really want to go that route just yet. I want to understand whether or not my car insurance will cover the damage and then go after the at fault drivers insurance or whether or not this has to completely go through the at fault drivers insurance.

There are a tonne of ambulance chasing lawyers out there and I want to avoid those guys as much as I can. Any suggestions on how to find a good one, should I be forced to look for one?

[Mistress Stowastiq]

Getting word of mouth from doctors some times helps and don't use the lawyers that advertise how much they love to do automotive injury cases.

I got my referral of the lawyer from my spine doctor when he was examining my injury for the auto accident.

With the bikes, when you get a chance, take them to a bike shop for a written estimate on repairs, including the rack. The impound yard might let you take pics also.

I know lawyers are intimidating but when the accident is not your fault, they can take the expenses from the one who is at fault. Out here, the other side would be liable for the impound fees and everything.

It is just so much faster when they ride the other side to get them to pay you and for everything within your rights to be paid for fairly.

(In Canada though, it might be different where people don't deliberately delay and try to get away with not paying for damages, in that case, you would not need to get one.)

You can take the self representation route too though, just file all of the papers yourself and do some research online about your local auto injury laws and how to get copies of legal forms to send in.

[desertigloo]

GF works at liberty mutual doing claims (bodily injury, typically from car accidents)

1. You have whiplash, get checked out by a doctor. Symptons may not occur/worsen until days later. If you don't have the whiplash documented it could have come from anywhere.

2. You're not at fault if you were indeed stopped, you won't have to worry about your rates increasing (at least a lot). Contact your insurance company, they will handle everything for you. That's what you pay them to do.

3. Your insurance company is going to pay out to you, then collect from the dude that hit you (via his insurance). Claim everything, including your bikes. It sounds like they're expensive. It also sounds like you're emotionally distressed because of their property and personal value. hint.

4. Document everything.

5. In your case a lawyer doesn't sound critical. Most reasonable claims specialists will release this case is easier to take 100% liability (once they read the police notes and things) than to fight it. I would ask your insurance company what to do regarding a lawyer, they'll tell you what they think. Remember that a lawyer is going to take a large percent of your payout. If you have a lot of third party documentation proving you're not at fault at all, you should be all set and will keep more of your money.

In regards to the payout, it happens pretty quickly. I would suggest providing receipts for the bikes and guesstimating your vehicles worth. Most likely they're going to give you a very good number, since the other party seems to be at 100% fault, since they will get it all back.

Keep in mind you can be paid for your property now and your medical bills later.

I didn't ask her for advice on what you should do, this is just what I've picked up from her over time. This is also biased based on my experiences from her stories, which have almost always resulted in a faster/quicker painless settlement when she doesn't have to deal with a lawyer. If you have any doubts ask your claim specialist, and if you don't believe them, get a lawyer. Just don't trust the lawyer blindly.

I live in the US, btw

[sephir]

One of my passengers races for a pretty large company nationally. The stock bike has different parts, and it is about $6000. But he has many upgrades to the bike bringing the value closer to $8000. This is the new bike.

The other bike is stock and was purchased at $3000.

So yes they were very expensive. The guy may as well have hit a brand new BMW.

[Elesirdur]

You don't necessarily need a lawyer. Your insurance carrier has lawyers on staff that handle your claim. Getting a lawyer would be prudent if your insurance company is giving you terrible service or is unable to deal with the offending party.

Given that you were at a stop (presumably at a light/sign where one would expect to be stopped) and were rear-ended, the other party is 100% at fault. Your insurance premiums should not go up, especially given that this is your first accident.

As for your bikes, you'll have to talk to your insurance carrier. Some plans cover items stored and installed in the vehicle (ie. GPS unit, aftermarket stereo, roof cargo carriers, etc), some do not. If your plan does cover damages to bikes, see if there is a maximum payout or if they will cover the (partial) purchase cost of the bikes - you kept your receipts/invoices for those bikes didn't you?

Whiplash and "soft tissue damage" are very difficult to give estimates on recovery time. DO SEE A DOCTOR. In fact, the best thing to do in the future if you feel you are injured in any way at an accident is to inform the police officers on the scene and seek medical attention as soon as possible. eg, drive your car home then take a taxi to a doctor or the emergency ward. As time passes between the accident and when you see a doctor, the medical evidence becomes weaker and weaker (relatively speaking). Even if you go to a doc right after an accident and aren't showing any signs of major injury, you have displayed a kind of due diligence in looking after your health. When you see a doctor, have your insurance claim number with you so they can record it on their files. This is another way they can tie your injuries to the accident.

Lastly, a piece of insider legal information. Should you ever decide to take someone to court over a motor vehicle accident know that Canadian juries have been shown to be predisposed to favouring the defendant over the plaintiff, even when there is often significant evidence to indicate that the plaintiff has the stronger case. From what a lawyer friend has told me, it seems like Canadian jurors don't care much for plaintiffs seeking huge settlements and will often acquit the defendant since they feel he or she is being unduly preyed upon or burdened with such a huge financial burden.

By default, these litigation cases are only before a judge and a request must be made to have a trial by jury. Judges and lawyers on their own seem to be much more "fair" than juries in MV cases.

Final words. Your insurance company has adjusters and lawyers that are working for you now. Even if the other party has insurance from the same company, those people working for you are trying their best to get you the best compensation based on your insurance policy. Let them do their work, and if you feel things are not going well (I really can't see how that would happen), then look at other legal representation. Good luck and I hope you recover soon.