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Car Accident/Insurance Question - Long
DH and I got into a car accident a three weeks ago. We were at the stoplight and when the light turned red, we proceeded to cross the intersection, but this lady ran the red light and hit us on the passenger side rear wheel area (we already crossed 75% of the intersection). Our car spun more than 180 degrees and the airbags deployed on the passenger side. Our car's totaled.
Now, she is totally lying and saying that she has the light green. We have some facts supporting our case (damages to the car, speed, we would have been hit on driver side if we went and our light was not green, etc.) Investigation/dispute is going on between insurance companies. Police report is not helpful as it's our word vs hers.
Thing is, I had to visit the emergency room after the accident because of chest pain. It turn out they're bruises from the seat belt and I also have some bruises/scratches on my elbow and soreness on my back. DH's pelvis shifted/twisted from the accident impact and now one leg is longer than the other. We're seeing a chiropractor for this.
A few people told us to sue the other party that hit us, but I've never been in this situation before. Our initial thought was to wait until the insurance dispute is over, but that could take up to 6 months. It would really be bad if the other party doesn't accept full liability because our premium will go up and it's not even our fault. I wouldn't be surprised if they just say there's not enough evidence so it's 50%-50%. But we're keeping our fingers crossed.
Any advice? Has anyone gone through a similar experience? Should we plan to sue?
Re: Car Accident/Insurance Question - Long
I wouldn't sue and I'd wait until the insurance settlements are finished.
Even if it's your fault, your premiums won't necessarily go up. I've totaled a car and had no change in premium.
If you end up needing attorney recommendations let me know, my cousins does specifically injury accidents and if you are not in the SBay then he can refer you to someone in your area. Even if you just want to ask some questions.
We have been talking to him about my accident even though we are not suing and are not hiring an attorney for my injuries. It just helps to talk to someone who knows what they are doing.
Money Matters The other half's blog.
EJ is growing up too fast!
With no witnesses and word vs word, likely insurance can deny or accept 50/50. Intersection accidents are hard to prove with no witnesses and officer really can't do much when they come out based on disputed stories. Only thing you may have working for you will be based on where impact took place on your vehicle (depending on how many lanes there are in both directions). Dmg to rear of your vehicle may support your story, showing you have more control of the intersection. Dmg to front of both vehicles may go 50/50.
I would wait till officer gets full police report and find out what other company's decision is. You than have the option of settling bodily injury claim yourself or hiring attorney. Most people tend to try to settle themselve, go small claims route and than attorney if they don't like the initial offer from insurance. After attorney fees are taken out, you may be left with less than what insurance company had offered you. You have to weigh out your pros and cons if getting an attorney.
GL