I have a question about insurance and a car accident...

[CraftyGal]

A week ago yesterday, May 5th, I was in a car accident. i had just finished a meeting and one of the members, actually a couple that are friends of mine, asked me if I would like a lift home. I said sure as I was tired, it had been a long meeting and I had to work the next day. So I head to the car, the husband get in the driver's seat and the wife in the front passenger seat. The back seat was covered with papers etc so I proceeded to move the stuff and put my bag and purse into the car. I had turned and had just gotten my left foot into the car, still holding the back door with my right hand, when the driver inexplicably decided to drive away!

I screamed and I could here the wife saying she not in the car! I ended upon my back with extreme pain in my right arm and shoulder (the arm holding the door). Thankfully I hadn't hit me head. The couple took me to the hospital (Thank goodness for medical), where they fast tracked me into the ER. Otherwise it would have been at least an 8 hr wait. WE had gotten to the hospital shortly after 9:00 pm. It turns out that nothing is broken however there is concern about rotary cuff injury. They called TrogL, who I must say kept his cool, he was furious over the stupidity of the person.

So here is the issue, the driver hadn't gone to his insurance. In fact hr didn't even think about until TrogL asked him about it yesterday. You see it turns out that I am unable to go back to work until June 11th. I had to get a dr.'s letter, a new sling (that gives better support) and more pain meds. Now I have had to deal with chronic pain most of my life and I have had many surgeries. With the surgeries, I am usually off the morphine by day 2, and the Tylenol 3's by day 5. If I need to take anything afterward it is usually just extra-strength Tylenol. With this injury I was on Percocet (aka Oxycodone) for 24 hrs, Tylenol 3's (30 tablets) for 4 days, nothing for 12 hrs. By the time I went into see the dr at the medical clinic, I was in so much paint that when the dr tried to check some things out I almost punched him from the pain. I am now on Tylenol 4's.

I had asked TrogL to deal with the driver regarding the insurance because he doesn't have a vested interest in the couple, I do. He doesn't really get along with the husband and does only marginally better with the wife. I happen to like both people and the wife is also my AA sponsor. So I don't need anything to interfere with that. Also because of some past issues I have abandonment issues that I deal with. I am scared that if I approach them about the insurance that I could conceivably lose their friendship. So I do have a vested interest in what happens.

So we are trying to figure out the insurance thing. I have lost wages to deal with, as well as extra medical expenses that we wouldn't have had deal with if this hadn't have happened. I guess some of the question that I have are:

1) Do we have to make a police report? This wasn't done the night of the accident.

2) if he refuses to get a claim started, then what?

3) Should we be talking to our insurance company about this?

4) Could we sue the building owner where this happened? It was actually brought up in another thread, As I was sitting in the parking lot at Walgreens, saw a woman hit by a car. That was why I asked it.

If anyone has some suggestions it is greatly appreciated.

CraftyGal

edited to add information to one of my questions.

(This has been posted in the Canada forum as well I have a question about insurance and a car accident....

[noamnety]

1. Not sure of canadian insurance laws

but suing the building owner seems completely out of line.

[CraftyGal]

3. It was just a question...

It was actually brought up in another thread, As I was sitting in the parking lot at Walgreens, saw a woman hit by a car. That was why I asked it.

CraftyGal
(edited to fix spelling errors)

[mikelgb]

2. why on earth would you sue the building owner?

[CraftyGal]

4. Please see post #3 nt

[CreekDog]

5. If you need to file a claim against their insurance to get it settled, then you should do it

the driver made a mistake and caused you harm. he and his wife should want and expect that you be made whole and that's precisely what their insurance is for. if they expect you to do some version of forgive and forget that amounts to you absorbing all the loss, pain, etc. then you are likely to get a good look into their character.

if i were in the same situation as them, i would want my insurance to settle with you as politely as possible. i would be grateful if you would remain my friend despite such a careless mistake that harmed you. i'd also be grateful to simply not be sued for my mistake and if all you wanted was your medical bills and lost wages restored.

i wouldn't be a friend worth having if i expected you to suffer all the wrongs, financial and physical, of my mistake without my offer of some way to alleviate that (i.e. my insurance).

[CraftyGal]

9. As I have mentioned to several people...

these are people that have been in recovery for a bit of time (7yrs for both) and some people still don't get what the "right thing should be". I understand that it would be the right thing to do and so does TrogL, which he why he stepped in and spoke with the driver.

CraftyGal

[newinnm]

6. I am a Licensed Insurance agent in NM

However I am not an attorney nor do i know the laws of your state but in general...

1) Do we have to make a police report? This wasn't done the night of the accident.
This depends on the laws of your state but tha insurance company should not require it

2) if he refuses to get a claim started, then what?
You can file a claim against him with his company. When that is done the claims department of his
company will contact him and get his side of the story.

3) Should we be talking to our insurance company about this?
Your insurance company doesnt have any liability in this matter.

4) Could we sue the building owner where this happened?
Anyone can sue for anything...you probably wont get anything because the owner was not negligent
in this incident.

Also, if the auto company denies the claim you should file a claim against his homeowners or renters insurance. There is liability coverage under either one of those policies.


nnnm

[DURHAM D]

7. Do you know who their insurance is with?

The driver can not refuse to start a claim. Neither can the insurance carrier.

[CraftyGal]

8. No I don't know which insurance carrier he is with.

I am not even sure if he gave TrogL that information.

CraftyGal

[DURHAM D]

12. Ask him.

Its no big deal. Med-pay down here just pays out like a fixed slot machine. The idea, to avoid larger claims or a lawsuit.

On edit - I have no idea how your system will work with regard to your lost wages.

[OmmmSweetOmmm]

14. If your friends don't supply it (then IMHO they aren't friends), I would contact the police

and report the incident. You can also refer them to the hospital. I am sure you will then find out their insurance carriers.

Honestly, the reason we have insurance is to cover situations like this and if your friend can't handle what he accidentally did to you, I think you might have to rethink this relationship. Of all people, your friend/sponsor should be there for you in this situation.

[CraftyGal]

17. You would think however I am really struggling with her at the moment.

It also isn't helping that there are not very many women that will take on sponsees because of their busy lives, etc. I have 3 sponsees myself and they have been a huge support for me. Sorry for going off topic here a bit. :)

CraftyGal

[noamnety]

19. She's not a good sponsor

If she is okay with harming one of her sponsees and blowing off any accountability for it.

[CraftyGal]

20. I see your point...

Thanks

[WillowTree]

10. .

1 - It wouldn't hurt to make a police report.

2 - If you know who he's insured with, file a claim with them yourself. If not, you may have to get an attorney involved.

3 - No need to invlove your insurance company - at least not at this point - since your car wasn't involved. It would be more efficient, though, to see if you can find out who he's with and follow #2 above.

4 - The building owner should have no liability for this accident. I wouldn't try to involve them in any way.

Did this happen in Canada? If so, I have no idea what the laws are or how their auto insurance policies are written. In that event, 1-4 may or may not have any validity at all. If that's the case, talk to an attorney.

[WheelWalker]

11. Assuming this happened in Canada, I have no idea about the laws or practices are there. However,

here's my advice. Tell the driver you want his insurance policy number and the company's claim phone number. Call them and tell them you need to file a claim. If the driver won't give you his insurance information. Here in Oregon, if you received medical treatment under these circumstances and it was billed to your health insurance carrier, your carrier will be able to tell from the billing that the injuries were due to an auto accident, and they will contact you for information about auto insurance coverage because they will want to recover what they pay out from the responsible driver. If you had been driving, your own auto insurance would cover your medical and wage loss while liability for the injuries was being sorted out. In this case, you weren't driving so I don't think your auto insurance coverage would kick in, but the driver's auto liability insurance would kick in. In most states, auto liability insurance is mandatory (although some don't carry it and that's another issue). In your case, in Canada, do you even have private medical insurance that would cover your injuries in the absence of auto coverage by the driver? Or is it the state? Would the state be as interested in recovering what it's paid out as a private third party insurer would? Probably. That recovery process is called subrogation. Unfortunately, health insurance coverage, whether state or private, probably doesn't have wage loss benefits, like auto liability does (at least in this country). Bottom line....if the driver doesn't have auto (or other liability) insurance to cover your treatment of injuries and losses, whether or not you have health insurance that's getting you treated, and really, in any event, you would benefit, I'll bet, from an initial consult with a lawyer. Those are usually free in these circumstances in Oregon, anyway.

Bummer.

[madaboutharry]

13. I would call your insurance company.

Your insurance company that that carries your auto insurance should be able to help you. I think you will need to go directly to this person's insurance company and your agent should be able to assist you.

I don't see how the property owner where this occurred would have any liability. They would not be responsible for your friend's negligence.

Your friend really isn't a friend at all. He is acting very irresponsibly. He is liable for your injury and your losses. Be prepared to file a law suit. In my opinion, if it comes to that then you have all the proof you need to know that you were mistaken about the depth of your friendship.

[Laelth]

15. In Georgia, the driver is liable, and his insurance ought to pay.

Best advice--get a lawyer. Do not try to handle this matter yourself. Remember that if an insurance company ever offers you any money for an injury, you will probably get three times more if you let a lawyer handle it.

Good luck.

:dem:

-Laelth

[madaboutharry]

16. I agree. I think she needs to accept that these

people are not her friends. She should call a lawyer.

[CraftyGal]

18. Unfortunately not in Alberta...

the maximum payout I believe is $8,000 for soft tissue injury.

CraftyGal

[CraftyGal]

21. He finally did the rigth thing...

Tuesday I will be talking wiht the insurance adjuster about the injury.

Craftygal