Ever been in an auto accident? Question here (insurance and injury Q's here)

[Hawkeye-X]

My wife was in an auto accident last Friday, and our car suffered about 8-10K worth of damage (the car is less than a year old - a Honda CRV), and my wife did sustain some neck injury (soft tissue/whiplash), so the insurance person of the other person who hit her wants to settle for injury. How much is a 'standard' settlement for an injury like this?

The other person was an Asian American elderly woman (her DOB shows '32) making her 78 years old. She is a high risk driver, and I'm sure that the insurance will not be re-issued after her last payment/accident. She is insured through AllState.

Do you think senior citizens past a specific age should not be allowed to drive. According to the witnesses, she made no effort to swerve when my wife was making a legal left turn, the elderly woman ran through the red light and totalled her car vs my wife's passenger side of the car.

This is a first in our family - we know nothing about it, and would appreciate some insight on this.

My wife insists on having a similar car for rent - a SUV as compared with her current car - a tiny little Chevy Cobalt. Is this even possible? We do have a rental policy on ours (Geico) max of $30/day

Hawkeye-X

[Oceansaway]

1. don't sign off on anything till yous

know for sure your wife is OK

[flvegan]

2. Yes I have. Your answer: call an attorney.

And not one of the idiots that advertises on tv all day long. Get a couple referrals if possible. Glad your wife wasn't more seriously injured.

[IADEMO2004]

3. Don't sign medical release until you are sure she is ok. Make them sweat not her..

[Celebration]

4. Don't settle too soon

Sometimes injuries don't show up immediately.

My mother in law is 86 and she is a great driver. She has had two accidents, neither of which remotely were her fault.

My uncle is the same age, hasn't had an accident in decades, and is planning a 1000 mile road trip.

There are plenty of people that are that age, and other ages, that should not be on the road. But I don't think that an arbitrary upper age limit is a good idea.

[Lance_Boyle]

15. Annual testing after a certain age (maybe 70?) is a good idea.

But you are entirely correct about setting an arbitrary cut-off age for driving privileges.

[Warpy]

5. First, all people don't age at the same rate

and I've known people in their 90s who were safe drivers. I've also known people in their 40s who have had accidents due to some medical event, which is what is likely in this case. About all the DMV can do is order more frequent eye tests, as that's usually what goes first on most of us. Doctors also need to be more vigilant about reporting conditions that can adversely affect driving, like Parkinson's and other movement disorders.

This lady does need a physical checkup and since she's been in an accident, she'll probably get one.

Trying to use a calendar or arbitrary number to assess worthiness is short sighted, self defeating and cruel. You're going to be that age some day, and you'd be on house arrest if a number deprived you of your driver's license before your driving started to suffer. Think about that.

The dance with the insurance company goes like this: you submit bills, they try to shortchange you, you threaten them with a lawsuit, and they settle.

As for the rental, she should be able to rent anything she wants to, as long as she's willing to pay the amount over the allowance it will cost.

[DJ13]

6. Do NOT settle without a lawyer

I was severely hurt in an auto accident 12 years ago, the other party's insurance rep came to our house after I was home from the hospital and tried to settle for $1,500.

I laughed at him and promptly got a lawyer.

Eventually settled for $50,000, but thats small consolation for remaining disabled to this day.

PS-
My attorney said that the two worst insurance companies for low balling settlements are State Farm and Allstate.

[uppityperson]

7. Ins co will want you to sign as soon as possible, don't. You have up to 2 yrs

to finalize it all and you don't want to sign anything for at least 6 months as it can take that long (at least) to figure out how she will do. Around a couple months it is typical for people to simply want it all to go away, to go back to feeling good, and the tendency is to sign the forms, to settle, then.

However, it will take 6 months to figure out how extensive the damage was, what will be needed to get back to the "new normal" and what that "new normal" is. Make sure she gets care, whether it be just MD, or chiropractic, massage therapy, physical therapy, or a combo of them. If she stops doing therapy on her injury, the insurance co often decides that the person has determined they are stabilized and then will say "fine, time to settle" and give you less money.

Ins will pay for the care she gets now, and the settlement will pay for future care as once you experience an injury like this, you are never as you were before. Even if there is no continuing pain or loss of function, she will be set up to get reinjured more easily, fatigue more easily. Her neck will have aged beyond how it would have been if the accident didn't happen.

Finally, realize that insurance companies exist for 1 reason, to make money. They do not exist to help you, though there are some helpful people working for them. You will probably need a lawyer and that sucks as they cost money but overall they will make it worthwhile for you. Get some referrals from providers (therapists or doctors) or others who have gone through this as there are good ones and quacks.

I hope this makes sense, feel free to pm me if you'd like. Disclaimer: I am a LMP who works with injuries, have been to court as an "expert witness", etc etc.

[NeedleCast]

8. Find a reputable attorney

Not an ambulance chaser. That's about the best advice that can be given.

As far as seniors driving, they should be subject to the same skills tests as the rest of us are. My grandfather is a good case example. At 78 he was a fine driver. At 82 he was mostly blind and surrendered his license. Lot can change in a few years.

[Pathwalker]

9. I had similar injuries from an accident in 1984, and I'm still in pain!

Your wife may be injured far worse than you think, sometimes injuries don't reveal themselves right away. I am currently fighting with my Insurance Co. to cover a procedure to help with the pain I still suffer to this day as a result of my accident. Do NOT settle, do NOT sign anything until you've seen a lawyer, and don't conclude it's just soft-tissue damage without an MRI.

[Lone_Star_Dem]

10. I too was in an accident 15 years ago with similar injuries

Make really sure there's no disk damage or minor fractures in the bone. I was originally diagnosed as soft tissue injury which turned out to only the tip of the problems.

I still have pain every day of my life and I did not get extended medical coverage from the insurance. Something I dearly regret.

Get a lawyer, see specialist don't settle before you're sure your better interest is served.

[Cleita]

11. Ouch! I'm a senior citizen who has to drive or I won't

be able to shop, go to the doctor or go to work. I have a good driving record, no tickets and I haven't been in an accident for forty years. So don't broad brush us seniors. Did the other woman have a valid driver's license? If she did, the DMV will tag her for making her come in to take driving tests every time she renews and they may make her renew more often than the normal time. It's really the best that can be done in the case of seniors who drive. Her insurance will probably drop her too, making her driving days over if she obeys the law. Most seniors who get into accidents are driving without a license and insurance because they have been deemed to be a risk. However, they have to get around so risk breaking the law and getting into accidents some tragic.

It's no comfort to you I know that you were a random victim of this. However, the good news is that AllState is pretty good at paying unlike other insurers. The reason that the insurer wants to settle is because they know if a lawyer gets hold of this, it will cost them a lot of money. The unfortunate part is that it will be the doctor and the lawyer that makes most of the money, not you. I know. I used to work with a chiropractor who was in cahoots with ambulance chaser lawyers who made most of their money on personal injury and worker's comp. claims on insurance companies.

Your wife should go see her regular doctor though. Whip lash is not to be taken lightly and do see a reputable lawyer, one that deals in family law not injury.

[sinkingfeeling]

12. Yes, you're making assumptions about all older drivers. How do you know the lady is a

'high risk driver'? My mother drove across country until the age of 86 without a single accident.

[Hawkeye-X]

13. Let me apologize to the older drivers out there.

I did not mean to disparage you at all whatsoever.

My grandfather (may he rest in peace) was an active driver until he was 91 years old.

He died a year later of cancer.

Hawkeye-X

[Billmelater]

14. sunset driver's licenses

Sorry to hear about your wife's collision (there is no such thing as an "accident").

There are almost no scarier drivers on the road than the ancient and privileged. Driving without having an "accident" for x number of years is ZERO proof that someone is a "safe' driver today.
This idea often results in an over-confidence in ability, and the willingness of family members to overlook or ignore declining reactive abilities. Look at some of the comments here, it is a most prevalent attitude.

We mandate a minimum driving age, why not a maximum? There should be mandatory and frequent re-testing of all drivers, as DL's are handed out like cake at a birthday party. Ancients who relinquish their DL's should be given taxi and/or public transportation vouchers to get them out of their cars.

In my observation, ancient drivers are slow to react to fluid situations, easily confused by traffic pattern changes and a complex visual environments, and most terrifying of all, elder drivers seem to have a real difficulty in knowing where the right side of their car actually is located in relation to parked cars, peds and pobs (people on bikes).

[NeedleCast]

16. why not a maximum

Because a maximum driving age is a stupid idea?

Because I know people who are 75 and have no issues at all being responsible drivers and people who are 65 who shouldn't be behind the wheel under almost any circumstance.

How old does someone have to be to be "ancient" to you? (And - as I'm sure you're aware - that's a pretty assholish thing to call someone).

[SocialistLez]

17. I've had a lot of near accident experiences with older drivers

I strongly support DRIVING tests for elderly drivers. Once you're 65, you should have a drive test about every 2 years.

I could spend all day telling you my stories of the horrible older drivers I have encountered.

I've seen older people go through double red lights, they've gotten too close to my car when turning (and I had to speed the hell up so they wouldn't hit me), slam on my breaks when they whip their cars out in front of me, etc.

I have horrible road rage and shit like that doesn't help.

[LisaL]

18. I think contacting a lawyer would be a good thing.

Especially since there is a neck injury involved.