Bad news for me...but I'm still Lucky

[Bluto]

reason, seems there are a lot of frivilous lawsuits

That is why he should seek the advise of a lawyer.

He is not at fault in the accident, but the other driver could file a frivolous lawsuit against him.

I've never had to use a lawyer. But, If I were in Lin's place: Before making any statements or signing anything, I would get as much free legal consulataion and advise as possible, then make my decision on retaining a lawyer.

 

[silver4x419]

That is why he should seek the advise of a lawyer.

He is not at fault in the accident, but the other driver could file a frivolous lawsuit against him.

I've never had to use a lawyer. But, If I were in Lin's place: Before making any statements or signing anything, I would get as much free legal consulataion and advise as possible, then make my decision on retaining a lawyer.

Bluto, I never evern thought of that.... I do not know she could file a lawsuit if she was at fault from the accident as the police report shows. I wonder is she was cited for what she did.

But you are right, he should consult free legal advice to find out if he needs to be worried.

I am a dumbass sometimes because I still believe people are honest and are not sleezy.... You are totally correct, there are people out there that try to turn it around and blame the other person and make it like they were the victim.

 

[toybox]

A lawyer could make the difference between getting it "totaled" or getting it repaired.

It sucks that we live in such a litigeous society, but we do, so unless you want some HUGE and RICH company railroading you into "THEIR" settlement then I don't think getting a lawyer is frivilous. Besides I'm sure the Lawyer has a way of getting paid by their company so it won't cost anything.

 

[silver4x419]

A lawyer could make the difference between getting it "totaled" or getting it repaired.

It sucks that we live in such a litigeous society, but we do, so unless you want some HUGE and RICH company railroading you into "THEIR" settlement then I don't think getting a lawyer is frivilous. Besides I'm sure the Lawyer has a way of getting paid by their company so it won't cost anything.

Absolutely correct. I think my post may of came off the wrong way...

 

[Bluto]

The madam officer told me that there is an witness(the guy) who was in front of her. He said she kept honking him. Finally, he made the left turn and then she followed. However, she was not quick enough.

Does this bit of information aggravate anyone else? It sounds like she is a risky and agressive driver who doesn't realize driving is a privilege. I wonder what her driving record is like??


I'm not one to support the immoral part of our legal system. But I think she needs to be taught a lesson. If she gets away with a slap on the wrist, she may kill someone next time. Unfortunately the only recourse may be to seek additional financial settlement from her insurance company for pain/injury. Flame away. :chair:

 

[silver4x419]

Does this bit of information aggravate anyone else? It sounds like she is a risky and agressive driver who doesn't realize driving is a privilege. I wonder what her driving record is like??


I'm not one to support the immoral part of our legal system. But I think she needs to be taught a lesson. If she gets away with a slap on the wrist, she may kill someone next time. Unfortunately the only recourse may be to seek additional financial settlement from her insurance company for pain/injury. Flame away. :chair:

Maybe Lin could contact the officer and the witness and say she is a threat. Honking your horn and being aggressive is a sign of road rage and maybe if Lin contacts the officer, Lin could push for some harsher punishment through the legal system.

If Lin is not seriously injured and heals 100% in a a couple weeks, no need to persue a pain/suffering law suit. If Lin is missing work, is injured and it stops him from living his life or if Lin is having problems emotionally, then go for it.

If Lin gets to the point where a person lies in their deposition, the person who ran you over it calling your house or is follwing you at times, does not pay your medical bills which was mandated by the court, and you have gone through 7 months of physical therapy, 2 surgeries, and are still having complications, then that is grounds to go after somone.

 

[toybox]

Does this bit of information aggravate anyone else? It sounds like she is a risky and agressive driver who doesn't realize driving is a privilege. I wonder what her driving record is like??


I'm not one to support the immoral part of our legal system. But I think she needs to be taught a lesson. If she gets away with a slap on the wrist, she may kill someone next time. Unfortunately the only recourse may be to seek additional financial settlement from her insurance company for pain/injury. Flame away. :chair:

Regretably that will not punish her any more but in some small way punish all of the rest of us. I agree she should feel some more of the brunt of this accident but that can't happen.

But IMO pain and suffering IS worth something. Just paying the medical bills is not enough, especially if it isn't a complete accident i.e. aggressive driving

 

[Bluto]

Regretably that will not punish her any more but in some small way punish all of the rest of us.

I assume an at fault accident with injury on her record would raise her rates more than an at fault accident with no injury.

It's just a guess. I know little about insurance companies, other than I have to pay them every year.

 

[Kmvreter]

Back to the T4R...

Hope you're OK Lin. I know I would be peed off. All good commentary/advice about insurance, lawyers, etc... but don't forget to get the baby fixed right. I learned my lesson in a similar accident years ago. I was t-boned in an intersection. The body job was A+ excellent but almost immediately all the mechanical bugs started to show (ie. loose exhaust, wheel bearings failing from the side impact, brake damage, premature front drive boot failure, to name a few.) I had a heck of a fight/headache to get these accident related concerns fixed because the claim was closed off (body work only.) Make sure you take it to a Toyota dealership for repair and have them subcontract the body work to a recommended shop. That way you get a complete repair, not just a body job. Your vehicle got side loaded so make sure you witness them putting it on a frame rack to make sure it is still in spec.
You spent big $$$ for it. Let them spend big $$$ to fix it right.

 

[toybox]

I assume an at fault accident with injury on her record would raise her rates more than an at fault accident with no injury.

It's just a guess. I know little about insurance companies, other than I have to pay them every year.

He's already getting medical bills paid for injuries. What I'm saying is going after pain and suffering will not impact her any further.

And kmvreter, all the more reason to try and get it totaled or get some "loss of value" on top of the fix. I had a friend that had an accident and the truck was never the same even though it looked and drove alright he had persistent problems with alignments, brakes and such.

 

[linhsy]

Thanks everybody for all advices. I got the lawyer this morning and went to the phisical therapy doctor as well. Now, my back start to hurt as well as my neck & shoulder. I guess it takes time before you know it. I already off for work at least until monday. I doctor recomended me to rest at least 1 week. Otherwise, it will slow down the healing process.

toybox, thanks for the tips, I will discuss with my lawyer about getting my rig totaled damage. So, I can get the new one. If it is not possible I will make sure every part of my rig is checked up beside to bodyshop work. Thanks Kmvreter as well.


I'm waiting..

:awais: :awais: it may take a while.

Linhsy

 

[toybox]

I guess it takes time before you know it. I already off for work at least until monday. Linhsy

This has been my experience too. It takes a day or two to feel the whiplash strain/injury.

I hope you feel better soon.

 

[ScottAW]

If you are losing pay because you aren't working, you are also entitled to that as well. Be sure to tell Traveller's insurance this, they should also cover this.

Thanks everybody for all advices. I got the lawyer this morning and went to the phisical therapy doctor as well. Now, my back start to hurt as well as my neck & shoulder. I guess it takes time before you know it. I already off for work at least until monday. I doctor recomended me to rest at least 1 week. Otherwise, it will slow down the healing process.

toybox, thanks for the tips, I will discuss with my lawyer about getting my rig totaled damage. So, I can get the new one. If it is not possible I will make sure every part of my rig is checked up beside to bodyshop work. Thanks Kmvreter as well.


I'm waiting..

:awais: :awais: it may take a while.

Linhsy

 

[darktiger]

Glad your okay.....

 

[linhsy]

Just some update on the case:

I have just received the Estimated report from Travelers' agent. The total damaged cost including the towing, storage is around $11,000.

 

[linhsy]

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[linhsy]

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[linhsy]

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[Good Times]

HOLY CRAP!!!

btw, I would make sure that all the parts being used are Toyota OEM stuff... Don't let them use the cheap stuff and pocket the $$$. Some auto body shops will try to pull a quick one on ya so make sure they use all the good Toyota stuff!

 

[linhsy]

Few questions which I need advice:
1) Travelers has provided me a rental car (GM car - $29/day). Do I have the right to get the SUV rentaled instead?

2) I have aftermarket accessories which are glued on the damaged doors. Could I ask Travelers to replace the new one as well?

3) I talked to the Autobody shop manager (The shop I chose). She said after received the estimated report from the Travelers' agent, then she is going to follow what need to be done according to the report. Then, during the repaired stage if she find out more damage need to be fixed, then she will contact the Travelers for approval. Question: Does it sound normal procedure for the autobody shop?


Thanks in advance.

Linhsy