PraiseTheLowered

actually he can infact sue for pain and suffering since he was injured

wantmye90

It's day 3 since the accident and I still have a headache - seriously. An attorney friend said to handle the personal injury myself but that's unfamiliar territory for me. I think he was trying to save me the attorney's cut. I don't want to be litigious but this has caused health issues for me and has interfered with my ability to earn an income.

Also, I really want the dealership to repair/repack the headrests but they (the dealer) seem to think the insurance company will balk at the labor rates ($100 vs $70 at body shop). I think we'll find out tomorrow how cooperative the insurance company is going to be on all this. Lastly, the dealer noted that my trunk is out of alignment now. I hope that doesn't mean the whole back end of the car got somehow twisted! This may be worse than I initially thought. Will think positive!

BMRMEUP

Bummer...on all counts. Have you followed up with your personal physician? Good luck getting this all worked out.

craigm1841

i rear ended someone a few years ago and i got sued for all sorts of stuff. i affected her ability to earn income, affected a promotion for her at work, she even got me for mental disfigurement because she was a cop and now afraid to drive in the rain. put a dent on her bumper, air bags didnt even deploy. she tried to sue me, she spent 15K on medical procedures to make it look like she was messed up. my insurance company settled with her for 7K. after lawyer fees she had spent money out of pocket trying to screw me.

be careful, because you can get money, but you wont get more then she is covered for. you are already saying it is affecting your ability to earn income, but it has been 3 days. is it Really? I am not saying it wont, but that comment makes it seem all to familiar for me. if you are gonna go at her, be 100% honest. to make matters worse, you had a kid in the car. kids always crumble under questioning. if you arent being honest, they will find out through him.

but if you are in fact injured, like i said, go at it. you were rear ended, she was at fault. just dont be over zealous. it will bite you in your ass.

wantmye90

I appreciate the advice - really. No, I am not looking to get rich or to cheat the system. I am above all that and not THAT stupid. I just have a screwed up car (which WAS virtually new, by the way), what will likely be a scar on my forehead, an on-going headache and lots of time and hassle getting things squared away. The insurance company says they'll cover my medical bills, car repair bills, and will give me a "premium" rental. I asked about diminished value and there seems to be small provisions for that but I got a big song and dance about how the car will be as good as new and it won't affect resale. BULL. Lastly, they said unless I was laid up in the hospital for 3 weeks with loss wages, there'd be no compensation for pain and suffering nor for any of my lost time as a result of this. The company I am dealing with is supposed to be a good company. I'll never give them my business.

The adjuster said I couldn't make a claim for my time dealing with all this because I couldn't possibly have any time invested. And then, in the same breath, he had the gall to ask me to pick him up a copy of the police report and to fax it to him!

Sorry, but was I in a fender bender or am I a victim of a mugging where I got beat up and had things taken away from me? I can't really tell the difference right now.

craigm1841

if you end up with a scar on your head, that is worth some money in my opinion. additionally, you need to prove it affecting resale. there will be a CARFAX report on this once the claim is processed. i do think you are entitled to compensation. i am not a lawyer or a claims adjuster, but make sure you are involved and educated on the situation.

a buddy of mine was rear ended on his motorcycle... so bad the woman ran over his bike and when the police arrived the cars front wheels were off the ground with the bike wedged underneath it with his kickstand through his oil pan. he was laying on the side of the road with his wrist all twisted up and he needed multiple surgeries and he now has pins and screws in his arm. he is a soldier in the Army, he now has a physical profile for a modified push up and it prolonged his Airborne school packet from going through and subsequently his assignment to special forces group.

long story short, he got nothing. her insurance coverage was low. any money he got went towards the army as they recouped medical fees. he got NOTHING. keep in mind, if you settle or win a suit, you have to pay your own medical. your insurance will seek reimbursment.

but really. good luck. its a tough world though. just stay involved and stay honest.

tex_phil

Insurance is a big scam. When some douchebag hit me, he changed his story at least 4 times ON recording. The guy later claimed I ran a redlight and hit HIM, when he came into my lane and there was no light within a mile of where I got hit. I'm a idiot for not calling the police, but the insurance will do everything they can to pay less or get out of having to pay.

Cobra 427

Get a lawyer...

I've been in 2 accidents within the past 7 years - each was a rear-end hit from behind on the freeway, 'cause the driver(s) behind me didn't pay attention to the slowing traffic (me). Both cars were totalled, and both times I walked away with no broken bones - sore as all h*ll, head-aches, tinnitus, black'n blue marks, many weeks of chiropractic care, etc... Each time, my lawyer got me 3x the medical bills. This paid for my medical bill, lost time from work, and pain and suffering. I didn't get rich here, but I was able to upgrade my vehicle. First accident was with a 2001 Mustang Bullitt which was replaced by an '03 325i, which was replaced by my current '05 545i.

You deserve some compensation...

sy1616

WOW, that's great (not the accident) but how those headrests work.....who knew? No wonder these things cost so much That's the only thing I don't like on my 545i, the headrests are so far away from my head....rather danagerous. GL with the repairs.

wantmye90

UPDATE... the body shop ran an estimate and ordered the parts. Turns out the headrests are so new, that the parts, including the gas cartridges that help deploy the system, are nowhere in the US nor Germany! On backorder! And when available the cartridges cannot be shipped air, but only boat and then truck. So it's looking like +/- 3 weeks until they arrive.

And the dealer says the car is not safe to drive since the passive restraint system is compromised. They suggested i park it until it can all be repaired. Looks like I'll be picking up a rental car tomorrow and that'll be my ride for the next few weeks. All this because the other driver "was distracted".