My friends say I'm crazy. Perhaps I am. What do you think?

[WillParkinson]

Now we're only basing this on the following. Those of you who know me realized a long time ago that I'm pretty much a whackjob.

---

Last week we were in our 2nd car accident in slightly more than a year. We stopped at a yellow light to allow the car across the street the opportunity to complete her turn without having traffic moving on her. It was a rainy day and I didn't think it was wise to try to race through the light when the don't walk timer only had 5 seconds left. I did not jam on my brakes. I came to a slow, complete stop. I looked in my rear view mirror and saw the truck heading for us. I knew he was going to hit.

The driver was very apologetic. He said many times that he was at fault and he thought we were going to go through the light like everyone else. When the police came he had us move our cars out of traffic and spoke with both drivers. When he returned to us he told us the guy was totally at fault and was going to be cited for inattentive driving and driving too fast for conditions.

Paul hurt his neck and I hurt my back. We were checked out at the local emergency room. Paul healed up just fine. I will have to have physical therapy to see what they can do about the pain in my right shoulder/back area.

Both drivers have insurance (we each have the same company). Paul and I feel that since neither of us was completely incapacitated by the accident and that our car is being repaired we do not need to sue or seek a lawyers opinion. Our friends tell us we SHOULD talk to a lawyer and many of them are suggesting we sue.

Sue for what? I mean if something should come of the physical therapy where I am unable to continue to do my job (which requires that I lift things in excess of 20 pounds pretty much of the night) then perhaps we'll seek a lawyers opinion, but I do not believe we should sue just because we MIGHT be able to do so.

At least that's how we see it. So, am I crazy?

[CaliforniaPeggy]

1. I don't think you're crazy, my dear Will...

I would NOT sue. We are such a litigious society. I agree with you: Don't.

Please take care, and let's hope you don't encounter any more careless drivers!

:hug:

[JanMichael]

2. you need to see a lawyer, not to sue

but to find out what your rights are in the state. Injuries from accidents such as you described often times do not show up right away- in NC there is a 7 year statute of limitations on the insurance companies paying IF you do not settle for a lump sum.

Seeing a lawyer in this case is a very smart thing to do-

[Autumn]

3. Talk to a lawyer, NOW,

the insurance companies are NOT your friend. You are going to have to have physical therapy and that will mount up. Take it from an old idiot who thought the insurance companies would be fair. By the way, 6 years later my right shoulder/back still occasionally hurt.

[JanMichael]

5. bingo

this isn't about being "mean" or "suing" someone. This is about making certain that you and your partner have adequate funds to address any physical problems that could easily come up over the years.

[Ineeda]

4. No, you're not crazy.

Suing would be opportunistic and frankly unethical, IMO. Certainly if you suffer non-covered losses of any kind due to this accident, that would be another story.

[Tippy]

6. Not crazy but don't sign any release untl you know you are ok..

[HappyMe]

7. No, you aren't crazy.

I wouldn't sue that driver either.

[JanMichael]

8. it's not about "suing."

And he wouldn't be suing the driver, he would be making sure that the insurance companies are compensating them for medical expenses.

Insurance companies are notorious for trying to get away with whatever they can; trusting them to do the "right thing" isn't "nice." It's incredibly naive.

[Raven]

10. Don't sue but see a lawyer sooner rather than later. When the

insurance company settles with you on your car repairs, it will ask for a Release from you of all claims. Your injury might seem minor now but those types of injuries are notorious for coming back and being worse. A good lawyer, not an ambulance chaser, will give you sound advice on how this should be handled and it won't take much $.

[JanMichael]

12. Thank you

I was hoping you would chime in. So many people equate seeing a lawyer with "suing that nice guy..." when in reality, it has very little to do with just negotiating with an insurance company. I am also pretty horrified by the people that think injuries from accidents show up so quickly. :(

[uppityperson]

14. Exactly, thank you. Once the ins co settles, they are done with you. A good lawyer

can give you advice as to how to avoid being stuck further down the line. Different states probably have different times, here in WA you have 2 yrs to settle. Ins companies want you to settle fast because it saves them money.

[SheilaT]

9. The fact that you went to the ER immediately

is a HUGE help. It's those people who don't do that, and then realize that an injury they thought was minor turns out to have lasting consequences. The other thing that most people don't understand is that their own car insurance should have a portion that covers the first several thousand dollars (you may have as much as 100k for this) of medical care, so long as you get it looked at right away.

At this point you really don't need to seek legal help, IMHO. If you wind up permanently incapacitated in some way, that might be a good idea, but you should have a clear idea of that within a few weeks, perhaps a few months. Also keep in mind that what you can sue for is going to be limited by whatever monetary limits are on your or the other driver's insurance policy. The fact that you are both with the same company can simplify things, unless your insurance company is one that notoriously denies all claims. Some really are worse than others.

Too many people out there think that they should automatically be able to sue someone for all kinds of things, and that's simply not true. One of the first questions to be asked is, What exactly are your damages? Anyway, I hope you both heal fully and completely.

[tularetom]

11. You don't have to sue but you should talk to the insurance company

This is the type of injury that could come back to bite you in the ass twenty years from now, in the form of arthritis or other connective tissue disorders.

I don't know how old you are but I'd at least attempt to get some sort of settlement from the insurance company.

[uppityperson]

13. Don't sign anything from their insurance company. That is the main thing now.

No, you don't need to sue, you are right about that. BUT, what you do need to do is do NOT sign anything from the insurance company.

Speaking from the perspective of a health care provider who works with people after mvas, this is my advice.

Insurance companies are not your friend, they will want you to settle as soon as possible because that saves them money. And that is their goal. It takes a good 6 months after an accident to figure out what and how you were injured and are healing. Many people want to settle within a couple months because they are tired of it all, but please wait at least 6 months.

Car accidents add time to your body. They age you, they make you more susceptible to further injuries and issues later. In another 20 yrs you may feel 30 yrs older due to an accident (I hope this makes sense). Even healed as far as you will, it ages you.

It takes at least 3 months for your body to start to settle, and 6 months for it to get to its "new normal" (if not longer). This doesn't mean everything will be back like it was before, or your healing will have plateaued out, but you really can't tell much until months has gone by.

Eventually you might need a lawyer to help you get your care paid for, and some for future needs due to the accident. If it's been several months, it might behoove you to talk to one, not to sue but for advice.

Since you still have pain, and probably physical limitations not to mention sleeping less well, it isn't time to settle. Once you settle with the insurance company, they are done with any liability and if you do not continue to progress, tough shit.

I hope this makes sense. Feel free to pm me and we can talk more if you'd like.

[Ohio Joe]

15. +1

I agree, sign NOTHING. You may want/need to sue either your or the other guys insurance so see a lawyer and sign NOTHING from either insurance company.

[appleannie1]

16. DO NOT sign a release form. Leave it open in case something does crop up.

[Exultant Democracy]

17. Talk to a Lawyer. You won't really know how bad you are hurt for a while

don't take a chance with things like this. My little brother was just in the same situation and didn't listen to me and now all of a sudden he has all these medical bills and the insurance company that he settled with right after for 4k (damage to the car) told him to fuck himself.

[graywarrior]

18. Take it from someone who went through an accident

Get a lawyer to protect yourself or the other guys insurance company will come after you. Seriously. Just protect yourself.

[MedleyMisty]

19. You're not crazy

I had something similar happen this summer.

I went to a local clinic for severe chest pain. After normal X-rays and a normal EKG, it was diagnosed as costochondritis and I was given a prescription strength NSAID for the pain.
Went to my followup appointment six weeks later. The pain was still severe. Prednisone and Lortabs were added to the diclofenac I was already taking and I was given a shot of steroids.

It got worse. Made another appointment two days later, and was given a shot of pain medicine and another shot of steroids.

Three days after that, I couldn't walk and was vomiting blood and went to the ER, where I passed out and went into convulsions while being wheeled to the check in desk.

Turns out it was an ulcer, and the whole six weeks of taking a really strong NSAID thing did not help.

Everyone said we should sue the clinic, but we didn't. Humans make mistakes, and I sucked at describing my symptoms and I also primed the first provider I saw to make a diagnosis associated with my ribs, by saying I'd been reading about broken and bruised ribs online and the pain seemed similar to the descriptions of that.

And in your story, the other driver made a mistake, and even admitted it.

I don't think you're crazy. I think you're a good person.

[Lochloosa]

20. You need a Lawyer NOW. I was in a accident at the end of May.

4 people in the car and I'm the only one that did not go to the hospital. It turns out I'm the most seriously injured. Because of getting a Lawyer my care has cost me zero. These types of injuries can be life changing.

Whiplash type injuries can take months to manifest themselves.

Your playing with fire on this one.

[SheilaT]

21. You are actually the prime example of

why it's important to go to the ER immediately after an accident. Get it on the record. Which is what the poster did.

I used to work for an attorney who did small claims stuff like this and getting immediate treatment, or at least being looked at right away, is crucial.