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Wrote off a guys car with the back of mine! Oh Yeah!
13 years ago
SO! Was supposed to meet up with an old friend at Tim Hortons to exchange a couple things back. I waited 20 min and she never showed up, so I left. On the way home I saw this girl standing at a cross walk so I stopped. I looked into the rear view mirror just in time to see this red Kia screaming towards me! Now I drive (errr drove) a 2003 mustang so it isnt a small or light car. This guys car was way smaller then mine yet he hit me hard enough to pick my front tires up off the ground and send me half way through the crosswalk before I landed! His car was a write off and my motor doesnt run right now from such a hard hit in the back end! The cop said the airbag light was on and it could pop out on me driving home so my car left with the tow truck.
My neck hurts! Upper and lower back, shoulders, front shoulders, left arm, Headache, I feel nauseous... I just hurt! Went to the hospital, it was dead but I still had to wait an hour and a half for the Dr. to talk to me for less then 10 min. They gave me some meds which are kicking in and im feeling pretty fuzzy. I really hope they write off my car so I can get something better on gas but damn im going to be hurting tomorrow...
My neck hurts! Upper and lower back, shoulders, front shoulders, left arm, Headache, I feel nauseous... I just hurt! Went to the hospital, it was dead but I still had to wait an hour and a half for the Dr. to talk to me for less then 10 min. They gave me some meds which are kicking in and im feeling pretty fuzzy. I really hope they write off my car so I can get something better on gas but damn im going to be hurting tomorrow...
"Vicodin and Alcohol a winning combination!"
I think...something like that...
And why was the guy in stealth mode?
"I saw this girl standing at a cross walk so I stopped."
You don't mean you stopped in the middle of the road, do you?
Don't think I'm trying to put the blame on you or anything, it's just a bit unclear for me, that's all.
It isnt fast in any way but its cheep and it works!
A 9-year old vehicle will probably be written off, unless you've taken EXQUISITE care of it- car values have dropped like rocks for the last few years. Don't plan on getting a massive payout for the vehicle... maybe a few grand, but certainly not enough to go out and get a NEW car, if that's what you have in mind; they'll only give you what your vehicle is actually worth.
If you have been regularly maintaining it over the years, or have recently done some large repair work to it, or bought new tires for it (and so forth), dig out the receipts and records for them now- you'll need them later.
Regarding your injuries, probably the best thing I can suggest is [i]keep a record/[i] of every twinge, ache and creak that's beyond what's normal for you. Can't sleep one night? Write it down. Missed work? Write it down. Take the massage therapy- ICBC and BC Med will reimburse you for it, (as long as it's within reason, and at a reputable masseuse). The injury journal seems a bit stupid, but you'll need to refer back to it later, if you don't get better quickly. It's of particular help if you decide to pursue legal help for your injuries... but I don't recommend doing that just yet. ICBC's first offer to settle on your injuries will probably end up being around $5k; if you feel that's a just recompense, then take it. If you feel you have a good reason to ask for more, or you're going to be out of work for months or unable to return to work, then you have reason to ask for more- BUT DON'T SIGN ANYTHING until you're sure.
ICBC will typically make you sign a form when you accept the settlement; in plain english, this form bars you from further action against ICBC in relation to this claim. So again, be sure. If you need to think about an offer, ask for time- they'll give it to you. The only time limit you're going to run into is called a Proscription date- which is 2 years after the date of loss (so, June 4th, 2014, if this happened yesterday).
Secondly... if you were rear-ended, it's automatically the Kia's fault. Whether the crosswalk was there or not, his vehicle does not have the right to hit yours; it's his responsibility to leave a proper stopping distance between his car and yours. Even if you slammed on the brakes without warning, and there was no crosswalk or pedestrian, it's still his fault. So don't lose any sleep over that. Furthermore, if the driver of the vehicle was drunk, or stoned, or whatever, his liability insurance (which is paying for your injuries and your vehicle) will still respond, despite him being in breach of his insurance conditions, so don't worry about that.
If the Kia didn't have any insurance on it, or was stolen (which means the Kia owner would NOT be responsible for the accident) you're STILL okay, because if memory serves, you should have as part of your mandatory basic insurance package, $100,000 worth of Uninsured Motorist Protection; which will save your bacon.
All in all, the best advice I can give you is "relax." If you're tense, your muscles will take longer to get back to normal. ICBC gets a pretty bad rap, but they're not a terrible company when it comes to injuries... (though it does depend on the adjuster you get.) They're kind of cutthroat when it comes to the valuation of vehicles, though... so get those invoices!
I am missing work today. Telling them that is a great idea! Keeping a record of all that stuff is a good idea in general! The chiropractor and massage thing im already planning on. Ive been talking with my family and they all said dont settle right away, the longer I wait the more money ICBC will have to give me for pain and suffering. Im not signing anything!!
The guy was completely sober and said he had good insurance. He said yeah its his fault and he should have been paying attention. I plan on going to the tow yard and clean out my car so the adjuster sees it a little better. Im trying to relax right now. Im relaxing at the thought of being able to pay off a couple things when they pay me out ^^
Thanks dude!!
That being said, "pain and suffering" isn't paid out on what you're suffered so far, but what your expected to suffer in the span of the injury.
Let me put it like this: if you're stuck in a wheelchair for life, you're given compensation for as long as you're expected to live. If you die, your family's given compensation for as long as you would have lived*, or until you're 65, plus funeral expenses. The claim doesn't stay open for that kind of duration. It's still wrapped up and closed ASAP.
Don't get too excited about missing work either- if I remember right (I haven't worked in auto insurance for 8 months now), you have to go it alone and uncompensated for the first week, then EI kicks in for week two, then ICBC contributes to the EI payments by week 3.
Just remember; the biggest deciding factor in insurance in BC is reasonable...ness. Okay, that's not a real word, but payment is based on what's reasonable, what the doctors say is likely, and how well you do during treatment; then the course of your injury is extrapolated from that, and that's what the settlement is based on; the number they offer as a basis for a settlement won't change from day 1 of the offer to day 80, unless something new to consider is brought to the table. Remember, they aren't under pressure to settle. Time actually works in their favor- remember that proscription date I mentioned? That's irrevocable. Unless you've issued a Notice of Civil Claim (it's a lawyer-y document) to ICBC before that 2-year mark is up, you ain't getting consideration past that.
Speaking of lawyers... I saw someone mention the "L" word and claiming back injuries- back injuries are ridiculously easy to disprove, because no one knows how to do it right ;) And lawyers will often get you more money on your settlement, that's true, but it takes a LONG TIME. And they take a rather large cut. And I absolutely guarantee it- no one at ICBC is afraid of lawyers. I think I was intimidated the first time I had to deal with them the first time, but after that, I gave precisely zero fucks.
Yes, there are specialized people who predict when others will die. It's a real thing. And it's accurate and creepy as fuck. I do not recommend EVER looking into this.
I was laid off last June and just started working at my old job again 3ish weeks ago. Im done sitting on my ass! I want to work, make money and move on with my life!!! The last year has been a wipe. It would be nice to sit on my ass until I got better, but walking around, moving and doing stuff at work probably is a little more beneficial then sitting here all day.
One person I talked with said to hire a lawyer just to let him do all the work. He might take a cut, but I wont have to deal so much with things. I could deal with icbc myself, I might have an easy experience, I might have a horrible experience. If I hire a lawyer, I dont deal with as much. As someone who used to do this for work do you think she has a point? Still trying to figure what im going to do.
That is kinda creepy, but it could be an entertaining skill at parties
Oh and they want to fix my car! Guy said it was only like $2000 damage. I think theres going to be more shit wrong with once they get into it...
They rarely do, and they really don't.
Tell you what- talk to some lawyers- they'll give you an honest answer about what to expect in circumstances like yours, because often -in the case of ICBC personal injury lawyers- they would have dealt with it often enough.
If they say the case isn't big enough to warrant their involvement, they'll tell you. And if that's the case, the adjuster will give you clear instructions on what to do. Adjusters aren't evil, and more importantly, they aren't spending their money... they'll do what seems fair. If you feel you're being undercut, explain why you feel that way. Or have them explain why they're undercutting you.
However, having said all that, if they bring up "LVI" (low velocity impact) at all, get that lawyer.
Regarding the car, find out what parts they're using. They won't be using dealership parts; more likely they'll use used or aftermarket parts in the repair of your vehicle. Don't worry about that too much, though, as both used and aftermarket always come with their own warrantees, and the shop that fixes the vehicle will guarentee the work.
Since it's $2k, you should be able to escape without having a Declaration of Damage applied to your vehicle; if not, talk to ICBC about reimbursement for the depreciation on your vehicle, because of the accident. It's tough to get, but it's something you can fish for...
Is 60kph low impact? I was fast enough to probably write off both cars. And it doesnt matter what parts they use to fix it to me./
I would be willing to go through the bs for something like that. When it does come time to upgrade to a new vehicle (if they fix it) or I already have a new car and want to make an improvement, every dollar counts.
And as far as the vehicle goes, they don't get you a new car if they write yours off; that only happens if you have replacement cost coverage on your vehicle, which expires by year 3 or 5 of the vehicle, tops (So... 2007 would be the oldest year of vehicle that it would apply to). If they write off the vehicle, you get a cheque for whatever your vehicle is worth, and that's all.
I got rear ended once, but even though it wasn't anything as crazy as that, I was still pretty sore after. Especially my neck. Similarly though, my car was all beat up already, and the person who nailed me had a really nice car. I kinda felt bad. But the money I got for my car was enough to give my brother a fair offer on his car, that he was trying to get sell off. :3