Why is it that when someone hits YOU, you're the one that gets screwed?

[Samurai_Writer]

I've been in two major car accidents -- one 16 years ago and one last year. Both times, I was sitting in traffic and was rear-ended, which pushed my car into the car in front of me. Both times the driver who hit me was at fault for causing damage to my car and to the car in front of me. I was also severely injured in the first accident and moderately injured in the second accident. Here's how I got screwed in both accidents...

First accident, September 22, 1990
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Car was totalled. Only 2 years old, so was worth less than what I owed. Had to keep paying on a totalled car after the insurance paid what the car was worth. I had to buy a much older vehicle and use that to secure the loan I was still paying on.

The guy was from Mexico and had an umbrella insurance policy from California. None of my medical bills were paid. None of my lost wages were paid. I got a judgement that I will never see. Ruined my credit for 7 years.

Permanent disk and spinal injuries. Chronic back and leg pain. Have had periods since then when I could not work, and have lost one job because of it. Cannot afford surgery. Have to pay for all my physical therapy, medications, and doctor bills that are ongoing from this accident.

Second accident, September 20, 2005
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Happened in Florida, which is a no fault state. My insurance is supposed to pay for whatever is covered on my policy. The other guy didn't have to pay a thing. I had to pay a $500 deductible on the truck repairs (more on that later) and $500 deductible on the medical bills PLUS 20% that my insurance didn't cover.

Medical bills that I'm responsible for are over $4,000. My truck repairs at the time were covered ($8,000) but my car rental and auto transport was not. Six weeks of car rental plus $1,000 to transport the truck after it was repaired (the accident happened 1 week before I moved from FL to CO).

You think that's bad enough? The original adjuster and mechanic MISSED the fact that the back of the radiator was damaged. So 10 months later, I am driving down the road, my radiator splits in two, and it FRIES the engine. It took two months for the insurance company to finally decide to pay for it so I could get it repaired. I buy a 1984 Bronco II for $500 to get around. Cheaper than a rental car for two months.

Here's the best part. I was working out a deal with my finance company on the truck to sell the truck and get out from under the loan, because this accident has caused me all kinds of financial difficulties. Two days later, the engine gets fried. So it's in the shop for two months, and TWO HOURS after I get it out of the shop, the finance company comes and repossesses it instead of allowing me to sell it for them, as they had agreed to.

Man it makes me want to stop driving. Or at least stop sitting in traffic so some asshole can plow into the back of my vehicle and ruin my life once more. Maybe next time some idiot rear-ends me, they can just kill me and get it over with.

[Tyrone Slothrop]

1. Did you get a lawyer?

I work for a tort litigation firm in NYC; you shouldn't have had to pay for any (well, most) of your medical bills under NYS No Fault law.

I don't know how things operate in Florida exactly, but you really should have at least consulted a lawyer. It's generally free in these sorts of cases.

Regardless of what the GOP will tell you, trial lawyers exist to make sure the little guy doesn't get screwed by hospitals, auto insurance co's, etc.

[Samurai_Writer]

2. I had a lawyer in the first case, in Texas

In Florida, unless you are obviously and permanently maimed, you have no recourse under the no-fault law. Believe me, I looked into it and talked to a laywer about it.

After five years, the lawyer in Texas dropped me because there was no way we were ever going to get the judgement from the guy or from the umbrella insurance agency, because it went into receivership.