King Alfred Academy Posted March 10, 2011 Share Posted March 10, 2011 Anybody here have experience? Here is the story... A few months ago we were in a car accident. There were several accidents on the interstate caused by a mattress in the road. We were able to stop before hitting the accidents in front of us, but the car behind us wasn't. They hit us going 50-55mph in the rear and then hit the car beside us, causing that car to hit us on the side. The recoil caused us to break our seats. It wasn't pretty. My dh and I were transported to the hospital but later released. However, I have major neck and back pain and weakness in my right arm because of the accident. My medical bills are piling up (x-rays, CT, physical therapy, ect.). We only have $1000/medical for each of us on our car insurance and that was used up by the ambulance ride alone. My health insurance may not pay for my bills since they are related to the car accident. Questions... 1. Since the highway patrol stated it was a "no fault" accident and blamed it on the mattress, do you think we will be stuck with the bills and have to pay out of pocket? 2. I thought if you were rear ended, no matter what the situation was, the person who did the rear-ending was at fault. Can anyone dispute this? 3. Any idea what we can do to not have to pay for the medical bills, but have the person who hit us pay? What are your thoughts and experiences with this? :confused: Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted March 10, 2011 Share Posted March 10, 2011 Do they know who the mattress belonged to? In our state we have laws against unsecured loads that allow you to go after the person who let the debris on the road. There are attorney's who specialize in car accident cases who sue for damages. Quote Link to comment Share on other sites More sharing options...
King Alfred Academy Posted March 10, 2011 Author Share Posted March 10, 2011 Do they know who the mattress belonged to? Unfortunately, no. Wish I knew because I'd like to give them a piece of my mind. I'm sure the other 7 cars who were involved would like to as well. Quote Link to comment Share on other sites More sharing options...
KristinaBreece Posted March 10, 2011 Share Posted March 10, 2011 Anybody here have experience? Here is the story... A few months ago we were in a car accident. There were several accidents on the interstate caused by a mattress in the road. We were able to stop before hitting the accidents in front of us, but the car behind us wasn't. They hit us going 50-55mph in the rear and then hit the car beside us, causing that car to hit us on the side. The recoil caused us to break our seats. It wasn't pretty. My dh and I were transported to the hospital but later released. However, I have major neck and back pain and weakness in my right arm because of the accident. My medical bills are piling up (x-rays, CT, physical therapy, ect.). We only have $1000/medical for each of us on our car insurance and that was used up by the ambulance ride alone. My health insurance may not pay for my bills since they are related to the car accident. Questions... 1. Since the highway patrol stated it was a "no fault" accident and blamed it on the mattress, do you think we will be stuck with the bills and have to pay out of pocket? 2. I thought if you were rear ended, no matter what the situation was, the person who did the rear-ending was at fault. Can anyone dispute this? 3. Any idea what we can do to not have to pay for the medical bills, but have the person who hit us pay? What are your thoughts and experiences with this? :confused: I thought so too. Assured clear distance violation. Quote Link to comment Share on other sites More sharing options...
King Alfred Academy Posted March 10, 2011 Author Share Posted March 10, 2011 I thought so too. Assured clear distance violation. I looked in the side mirror and saw them coming. I had enough time to do that and yell, "They're not stopping!!" and my dh then looked in the rear view mirror. They should have had time to stop. They hit us hard. Quote Link to comment Share on other sites More sharing options...
KristinaBreece Posted March 10, 2011 Share Posted March 10, 2011 I looked in the side mirror and saw them coming. I had enough time to do that and yell, "They're not stopping!!" and my dh then looked in the rear view mirror. They should have had time to stop. They hit us hard. I should think so. I just asked my friend A, a local cop, who said that if you had time to stop, and assuming your brake light were in order, they should have had time to stop. IDK if it makes a difference, but he said he (in OH) would have cited them. Quote Link to comment Share on other sites More sharing options...
Mejane Posted March 10, 2011 Share Posted March 10, 2011 I don't know if the states handle no-fault differently, but in NY (also a no-fault state), each driver's insurance pays their costs. A few months ago, dh's car was hit by a tire that came off a van, and the police called it "road debris" even though they knew whose van it came from. His insurance (company car) paid for his car and expenses (towing, etc.) He was fine and there were no medical expenses, but I think his (company) insurance would have paid them, too. Quote Link to comment Share on other sites More sharing options...
Maeintx Posted March 10, 2011 Share Posted March 10, 2011 My teenage son recently rearended somone when two cars ahead slammed on their breaks. He was ticketed in our state for "failure to control speed." It seems like maybe it is time to call for a reputable lawyer for legal advice. Quote Link to comment Share on other sites More sharing options...
RanchGirl Posted March 10, 2011 Share Posted March 10, 2011 I would contact your car insurance and/or an attorney. I also thought that whoever did the rearending was at fault, even if you stopped because you saw a "little white dog". If your car insurance was going to have to pay your bills, they might go after the other drivers for you. But if they don't have that coverage, you may have to hire a lawyer and sue on your own. Do you have witnesses? I would be making a list and I would also be calling the officer that filed the report to ask how he could possible determine this was a no fault accident!?!? Quote Link to comment Share on other sites More sharing options...
gardening momma Posted March 10, 2011 Share Posted March 10, 2011 In Michigan I was in an accident that involved several cars. I was the last car in the line and rear ended the car in front of me. None of the accidents in front of me were my fault, including the one that started it all. The officer said I was either a)going too fast, b)not paying attention or c)following too close. I got a ticket. Quote Link to comment Share on other sites More sharing options...
King Alfred Academy Posted March 10, 2011 Author Share Posted March 10, 2011 Hmmm...I *really* wasn't wanting to get an attorney involved, but it may come to that. I think I'll pay a visit to the CHiPs office and find out why he stated it as "no fault". It just doesn't seem right to me. Thank you for your replies. :001_smile: Quote Link to comment Share on other sites More sharing options...
sunnyca Posted March 10, 2011 Share Posted March 10, 2011 (edited) Hi, I see you are in CA so maybe I can help. I started my career as a Claims Manager for a major insurance company here but quit when I had kids. The laws have not changed since so here is my take: A rear end accident is always the fault of the vehicle doing the rear ending, regardless of why the cars in front had to stop. The obstruction on the road, especially a large mattress, is not of consequence. As long as you were able to come to a complete stop without hitting anyone, you are not at fault for the accident. In CA, all drivers must carry liability insurance to cover property damage and bodily injury --it is required by law. The owner of the car that hit you is liable for ALL of your damages. If he has insurance, as he should, his insurance will cover 100% of all of your damages (property and injury) plus what Californians term "pain and suffering." There is no need for you to hire an attorney, though there are many who would be happy to assist you (they take 1/3 of the settlement plus their expenses.) Since this is a clear liability case, I would just contact the at fault driver's insurance and see how they handle the matter before committing to giving up that much money to an attorney. The attorneys tend to delay things also and usually the cases are handled by office assistants. This is a clear case that requires no expertise. If the driver has no insurance, you might have Uninsured Motorists coverage. That coverage on your own policy will act as if it were the at fault party (up to the limits of your coverage) and pay for your medical expenses and "pain and suffering." BTW, If the other party is not insured, an attorney will not take your case at all. They only take cases on which they can recover easily. :( ETA: The reason the officer would list this as "no fault" is because they assume that the mattress was at fault. In claims handling, however, one knows that the obstruction is irrelevant because the driver's responsibility to maintain a safe distance, a safe speed, and be attentive ALWAYS prevails. We used to laugh at the number of reports that said: A tree came out of nowhere and hit me! Hmmm...not likely. A large object is visible and should have been avoided. In any event, your accident was secondary ....you were hit while stopped. Edited March 10, 2011 by sunnyca Additional information Quote Link to comment Share on other sites More sharing options...
King Alfred Academy Posted March 10, 2011 Author Share Posted March 10, 2011 Hi,I see you are in CA so maybe I can help. I started my career as a Claims Manager for a major insurance company here but quit when I had kids. The laws have not changed since so here is my take: A rear end accident is always the fault of the vehicle doing the rear ending, regardless of why the cars in front had to stop. The obstruction on the road, especially a large mattress, is not of consequence. As long as you were able to come to a complete stop without hitting anyone, you are not at fault for the accident. In CA, all drivers must carry liability insurance to cover property damage and bodily injury --it is required by law. The owner of the car that hit you is liable for ALL of your damages. If he has insurance, as he should, his insurance will cover 100% of all of your damages (property and injury) plus what Californians term "pain and suffering." There is no need for you to hire an attorney, though there are many who would be happy to assist you (they take 1/3 of the settlement plus their expenses.) Since this is a clear liability case, I would just contact the at fault driver's insurance and see how they handle the matter before committing to giving up that much money to an attorney. The attorneys tend to delay things also and usually the cases are handled by office assistants. This is a clear case that requires no expertise. If the driver has no insurance, you might have Uninsured Motorists coverage. That coverage on your own policy will act as if it were the at fault party (up to the limits of your coverage) and pay for your medical expenses and "pain and suffering." BTW, If the other party is not insured, an attorney will not take your case at all. They only take cases on which they can recover easily. :( ETA: The reason the officer would list this as "no fault" is because they assume that the mattress was at fault. In claims handling, however, one knows that the obstruction is irrelevant because the driver's responsibility to maintain a safe distance, a safe speed, and be attentive ALWAYS prevails. We used to laugh at the number of reports that said: A tree came out of nowhere and hit me! Hmmm...not likely. A large object is visible and should have been avoided. In any event, your accident was secondary ....you were hit while stopped. This is very helpful and I appreciate you taking the time to reply. The person who hit us is insured by the same company we are. So, do you think I should just contact the person who is handling our claim? In your experience, is it a positive or a negative when it is the same insurance company? Again...thank you! Quote Link to comment Share on other sites More sharing options...
sunnyca Posted March 10, 2011 Share Posted March 10, 2011 That is a good thing. Yes, let your claim representative know if they don't already have it figured out. It usually means your deductible on the property damage will be waived right away without waiting for the "other party" to reimburse since it is the same company. That means a quicker car repair with no out of pocket, which is nice. There will still be two representative handling the claim so your rep will only be able to handle the property damage for you. The "other guy's" rep will handle your bodily injury and rental car expenses, if needed. Since it is a multiple vehicle accident, it may take a little longer for all parties to get everything straightened out but you are at an advantage being with the same company. Hope it goes quick and easy for you :001_smile: Quote Link to comment Share on other sites More sharing options...
lovemyboys Posted March 10, 2011 Share Posted March 10, 2011 I looked in the side mirror and saw them coming. I had enough time to do that and yell, "They're not stopping!!" and my dh then looked in the rear view mirror. They should have had time to stop. They hit us hard. Ugh. Sorry you're going through this. In dh's case in another state, the other driver was at fault. But it was much more "willful" than in your situation which was like a freak accident. Hope you get some good resolution. :grouphug: Quote Link to comment Share on other sites More sharing options...
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