Why, oh why, does this crap happen to me?!? :)

[GaTechGal]

I was thinking the same thing. If he was, then make him pay for it. There is absolutely no excuse, NO excuse to be texting while driving. :mad:

That was my first thought too. Heal fast Dragon.

[kcberlin]

First, let me say I'm sorry to hear about your accident. I hope you are feeling better soon.

Without giving away too much information, I can tell you that it is SOP for the other driver's insurance company to deny all fault. They do not want to pay a single cent. Your insurance company's job is to make them pay for everything. While I would not normally advocate hiring an attorney, this sounds like a case where it may be necessary. The key here is to not threaten your insurance company unless he was uninsured/underinsured. Remember, it is there job to help you. By threatening your own insurance company with a lawyer, you undermine that trust and may cause employees of that company to be less than helpful. It may also delay the process of getting what you deserve because once an attorney is involved, certain processes have to be followed that muck everything up.

If he was cited, and you live in a state that considers a citation "fault", you should be in the clear.

Disclaimer: I am not an attorney and nothing I say should be construed as legal advice.

[Zazu]

I have similar advice to share:

Don't argue, or even deal with the other driver's insurance company. Deal with your *own* insurance agent, and ask them to "assist with the resolution". Especially if you have uninsured motorist coverage, they have an interest in seeing that you are adequately compensated.

It's also a great way to tell if you want to keep your present insurance agent or not (unfortunately).

I know that the conventional wisdom is to go for a lawyer early, but know too that once the lawyers get involved, the ability of the other insurance company to negotiate vanishes. Sic the rat terrier on them only when you see that they aren't being decent about it. Within six months, it shouldn't make any difference.

Best of luck with insurance, new car, and especially your health!

[DragonFox98]

Hey, guys....sorry I disappeared for a week, but I know you would appreciate an update. I did have a concussion (did I mention that?), but I am starting to feel "back to normal". My neck and back are still very sore and I've had a devil of a time trying to wrap Christmas presents. I haven't even attempted to make any Christmas cookies because my right hand still hurts (damn sprain). I start physical therapy tonight, I've already followed up with my doc and an orthopedist. Everyone is being pretty wonderful.

They did total the Jeep and gave me a pretty decent settlement for it. The good news: that's just property damage and I will still get a settlement for bodily injury. The bad news: that will probably take awhile. This kid's insurance company has been quite nasty and keeps wanting my insurance and personal injury information (I know I don't have to disclose that at this time). So, I called my friend, The Ambulance Chaser, and he is setting me up with someone licensed in NJ. Oh, the joy.

The stress has been killing me. I've lost 12 pounds since last Monday. Not a good thing. Not that I didn't want to loose it, mind you, but not this way. I am finally eating and I've stopped getting sick, so the outlook is promising. I'm trying to look on the bright side of things: I'll be saving money on car insurance (but not gas since hubby will still have to drive me to and from work) and my kids were not in the car. Everything will work out, I know that, it will just take time.

And when it rains, it pours: we just found out that my hubby's Social Security hearing will be on February 7th. This is good news because we need this resolved as soon as possible so we have income from him coming into the house (and I can use my income tax refund for a Disney vacation, not my mortgage ;) ). I have to say thank you to Hobie for giving me that advice to contact my State Representative - I think that really helped. I also wrote them a "dire need" letter and kept calling and inquiring about the status of the case. *deep breath* It will all work out...I know it will; in the meantime, I just need to stay sane.

Thanks, everyone!!!

[hobie16]

Stress is not good. Get your husband to transport you to the nearest Mrs. Fields Cookies. Buy one dozen Debra Specials. Return home.

Settle into your favorite spot in the house. Eat cookies. Stress will be gone and damn the weight gain.

Physical therapy is fun. Hopefully you get Helga, She-Wolf of the SS. You'll hate her guts but she'll get you fixed up.

Good news on the property settlement. Remember, DON'T SIGN NOTHIN' that releases the kid's insurance company. They want to close with the smallest payout and will do anything to get you to sign. Shysters, in fact, can be your friend. Maybe you'll get J. Lyman 'Bruiser' Stone.

Keep hammerin' SS and don't hesitate to use your US Rep. again. SS may appear to be a hulking behemoth that hides behind 800 numbers and voice response systems but it boils down to some minor bureaucrat in a dingy branch office fairly close to where you live. All they really want is to do their 20 or 30 years and collect retirement. They do not like the light of day a Congressman or woman brings with questions about the treatment a voter is getting from their little office. Keep their stress level high and yours low.

Cookies!!

[felinefan]

I was going to say something about my misjudging where my bed was in the dark after a potty run at 2 a.m. and spraining the daylights out of my left big toe, bending it all the way back, and my left hip acting in concert to make me walk like an old lady. Having been hobbling/limping in the rain, taking 3 buses to get to the Orange library, and it's been a week and it still gives me trouble if I'm not careful. Don't you just hate it when your own body conspires against you? Oops, too late, already did.

[DisneyMom]

DragonFox,hope all goes well with SS and you'll take hobie's advice about SS and the cookies :) and feel better quickly!
Feline Fan,feel better too!

Hope everyone out there is safe,watching Mudslides wipe out homes here in Cali.....

[hobie16]

Are the mudslides putting out the fires?

[February]

Dragonfox so sorry to hear about the accident and all the trouble with your health and hubby with SS. Been there, done that- and I wish I'd known hobie then! It did finally take getting my own state rep involved to get mine settled. Hopefully this will be all set for you soon then you can focus on getting better.

big hugs
bru

[Zazu]

Are the mudslides putting out the fires?

As a second-generation native Californian, perhaps I should explain this:

Mudslide season first, then fire season.

Then mudslide season again.

Lather, rinse, repeat.

Mind you, it's the TV news crews that do the lathering, but still....