Car accident help anything i can do?? Vol...i hate the world

[jking0821]

Hey Niketalk.  I will try to keep this short.  I was in a car accident last Monday.  I was rear ended while at a red light at 5:40am.  He hit me on the back right of my car because he swerved to try to miss me i guess.

He got out of his car and said he had a leg issue.  80% of his calf was removed on his right leg and he said it slipped right off the break.  A cop was on scene.  He filed it as an exchange of information though since both cars were "drivable".  He is supposed to give a statement to the insurance company but he didn't see the accident occur but he did hear the guy say his foot slipped off the brake.  There are no witnesses either other then my sister who was in the car with me and has already given her statement. 
Long story short...after finding out he was a restricted driver on one policy and finally getting the claim in with the correct insurance company it turns out he lies and told them it was "a lane change issue".  Now i don't have collision on my car (say what you will been driving since i was 16 first accident ever).  So right now the claim is in investigation but if progressive doesn't take liability for this claim which clearly isn't my fault i have to pay out of pocket.  Is there anything I can do if they call me later this week and say "Sorry we think this is your fault some how we aren't taking the claim"

My friends just keeps telling me car insurance companies aren't in business to pay our for these claims and nothing bad will come of it if they just say sorry we aren't paying you.  So i see myself getting screwed on this some how despite all the evidence in my favor...see cliffs.  Also i have all his info if NT detectives can like pull his driving record or something if that public info or anything else to help.

Cliffs:
 - Was in car accident got rear ended
 - Dude bold face lies to his insurance company and said it was some how my fault
 - I feel like i have a case if i lose this some how - his leg was hurt prior to the accident, he had no handicap plates, my sister was in the car with me and told the same story i did, a cop on scene heard him say his foot slipped off the brake and is willing to state that, i have a voice mail he left me which he states "hey this is dylan the guy that hit you this morning" which i sent to the insurance comapany as well
 - Can i sue him personally? or file a grievance or something? or am I screwed if they don't take liability.

pics

 

[kingtre]

what state are you in....it might vary but i know in alot of states if someone rear-ends you they pretty much automatically take blame

now is not the time but i will say it anyways...full coverage is the way to go...if they dont cover you now your gonna come outta pocket alot more than the additional premium you woulda been paying (in most cases)

 

[jking0821]

I am in MD.  I have always been told if you get rear ended that is basically as clear cut as they come (pause).  But the insurance rep said something like in MD if they think i am 1% liable for the accident they will investigate and possibly not take culpability.  So now the dude won't answer my phone calls and said something like I switched lanes (from the random turn lane mind you it was a normal two lane road...north traffic...south traffic...turn lane) into his lane and side swiped him or something.  I didn't get the whole story i only got that much because i was screaming on the phone during my recorded statement at the rep when she told me our stories didn't match.

It is sad that it takes something like this to make me learn my lesson.  But i always thought insurance was sort of a scam.  I have paid in the neighborhood of 700 dollars a year for insurance since i was 16....im 24 now.  I have never been in an accident before so that 5k or so ive paid to my insurance company could fix my car......but nope that would be too practical and the company wouldn't make tons of money off me.

All my anger aside...ive learned my lesson...i will be adding collision to my policy and just paying for it now....i hate the insurance system.

 

[envied247365]

^i always thought the same, I have been in two accidents rear ended in both and the other person was always at fault and they had to pay. from what was explained to me there is almost never a reason that someone should be following so close that they rear end you.

 

[jking0821]

I hope your right.  He hit me going 40 mph.  He said his foot slipped off the brake...there was no braking had lol.  My car just stopped his.  It was a pick up truck too thank god really because it didn't take out under neath my car.

My sister was in the passenger seat and she is going to the doctor again today....she is feeling numbness in her arms.  I really feel bad for her since she is smaller then I am and it really did hurt her back.  This whole situation is terrible and it has been on going for 8 days now.

Advice for those out there.  Don't ever take anything for granted.  I was cool at the scene told the guy i needed his info and what not he kept saying don't worry man i have insurance it will cover you im so sorry im so sorry thanks for being so cool about this.  Then he does this and lies about the whole thing.
Get a witness no matter what
Take out your phone on scene and record EVERYTHING, your car, his car, all witnesses, everything they say at the time.
People are scum bags and will be cool to your face then not answer your calls once they find out you know they lied. 

 

[me no pass]

glad your ok..hope everything is alright

 

[al audi]

damn that sucks

but, eh he hit you from the back, pause.

never trust nobody when it comes to accidents.

only time full coverage isnt needed imo if its a hoopty you dont give a &%^ about that just gets you from point a to point b

 

[midnight hype]

If the dude hit you from the back, his insurance should cover the accident. the p.o that filled the report should of been able to determine who was at fault. clearly state it on the report. Good luck in resolving this issue.

 

[jking0821]

Thanks man.  I really hope they take liability.  I haven't been the easiest person to deal with with this whole situation.  But they say my car is "drivable" but i can't really drive to to work (i work 60 miles from home).  The tail light doesn't work and now half of my bumper is missing i had to rip it off because it was dragging on the ground.  So i haven't had a car for 8 days. 

I have stated many times that he railed me from behind...at 40mph.  My sister gave the same story.  It is so frustrating when you know something is 100% truth and some one else is claiming the opposite. 

 

[HEATHEN]

You know what to do

finish the job.

 

[HEATHEN]

Originally Posted by Jking0821

I have stated many times that he railed me from behind...

sig worthy.

 

[jking0821]

Originally Posted by SneakerHeathen

Originally Posted by Jking0821

I have stated many times that he railed me from behind...

sig worthy.

The amount of times i had to say no %!$% when telling friends what happened is endless

Getting rear ended....its not enjoyable

 

[midnight hype]

Originally Posted by Jking0821

Thanks man.  I really hope they take liability.  I haven't been the easiest person to deal with with this whole situation.  But they say my car is "drivable" but i can't really drive to to work (i work 60 miles from home).  The tail light doesn't work and now half of my bumper is missing i had to rip it off because it was dragging on the ground.  So i haven't had a car for 8 days. 

I have stated many times that he railed me from behind...at 40mph.  My sister gave the same story.  It is so frustrating when you know something is 100% truth and some one else is claiming the opposite. 

If you have the money higher a lawyer. Then you could sue him for lost wages. Pain and suffering. They mechanic shop had ur wip for 8days and just getting around for u was incovenient.

 

[jking0821]

Originally Posted by Midnight Hype

Originally Posted by Jking0821

Thanks man.  I really hope they take liability.  I haven't been the easiest person to deal with with this whole situation.  But they say my car is "drivable" but i can't really drive to to work (i work 60 miles from home).  The tail light doesn't work and now half of my bumper is missing i had to rip it off because it was dragging on the ground.  So i haven't had a car for 8 days. 

I have stated many times that he railed me from behind...at 40mph.  My sister gave the same story.  It is so frustrating when you know something is 100% truth and some one else is claiming the opposite. 

If you have the money higher a lawyer. Then you could sue him for lost wages. Pain and suffering. They mechanic shop had ur wip for 8days and just getting around for u was incovenient.

The lawyer i spoke with said he wouldn't take my claim unless I was hurt in the accident.  I went to the doctors to get checked out my neck was a little stiff and the doctor wrote me a prescription for muscle relaxers.  But i wasn't injured injured if that makes sense.  It may be a different story for my sister though.

From what I learned if progressive takes claim I get paid up to 85% of my missed wages.  And apparently in MD you can get paid out by both of your insurances.  So geico (my insurance) will cover my wages and doctor bill and so will progressive.  Then progressive will pay me for "pain and suffering" I assume a lawyer would get me more money here then I could get on my own.  But the lawyer i talked to was kind of a arrogant prick.  So I think I am just going to handle it myself.

I don't even want money out of this.  I just want my car fixed for free.  I was driving to work....stopped at a red light and got hit for no reason.  I just want everything back to normal already.

 

[midnight hype]

Originally Posted by Jking0821

Originally Posted by Midnight Hype

Originally Posted by Jking0821

Thanks man.  I really hope they take liability.  I haven't been the easiest person to deal with with this whole situation.  But they say my car is "drivable" but i can't really drive to to work (i work 60 miles from home).  The tail light doesn't work and now half of my bumper is missing i had to rip it off because it was dragging on the ground.  So i haven't had a car for 8 days. 

I have stated many times that he railed me from behind...at 40mph.  My sister gave the same story.  It is so frustrating when you know something is 100% truth and some one else is claiming the opposite. 

If you have the money higher a lawyer. Then you could sue him for lost wages. Pain and suffering. They mechanic shop had ur wip for 8days and just getting around for u was incovenient.

The lawyer i spoke with said he wouldn't take my claim unless I was hurt in the accident.  I went to the doctors to get checked out my neck was a little stiff and the doctor wrote me a prescription for muscle relaxers.  But i wasn't injured injured if that makes sense.  It may be a different story for my sister though.

From what I learned if progressive takes claim I get paid up to 85% of my missed wages.  And apparently in MD you can get paid out by both of your insurances.  So geico (my insurance) will cover my wages and doctor bill and so will progressive.  Then progressive will pay me for "pain and suffering" I assume a lawyer would get me more money here then I could get on my own.  But the lawyer i talked to was kind of a arrogant prick.  So I think I am just going to handle it myself.

I don't even want money out of this.  I just want my car fixed for free.  I was driving to work....stopped at a red light and got hit for no reason.  I just want everything back to normal already.

Sounds like you need a new lawyer and see a diffrent doc so he could diagnoist u with a back problems. Theyre always a common problem in car accidents. I would say I used to be an avid runner but not when I run I have lower back pain. When I sleep at night i feel uncomfortable. HONESTY sucks in this world especially if ur a peace maker.

 

[boi]

Originally Posted by Jking0821

Originally Posted by SneakerHeathen

Originally Posted by Jking0821

I have stated many times that he railed me from behind...

sig worthy.

The amount of times i had to say no %!$% when telling friends what happened is endless

Getting rear ended....its not enjoyable

seriously made me lol
Good thing no one was seriously injured.. hope everything works out OP

 

[jaywalkinsince91]

Midnight Hype wrote:

If you have the money higher a lawyer. Then you could sue him for lost wages. Pain and suffering. They mechanic shop had ur wip for 8days and just getting around for u was incovenient.

 

[thapointguy]

If your insurance cannot help you then its time to switch company. You shouldn't have to pay a single cent out your pocket. All signs point that you were not at fault, you even have a witness. If they find out you were not at fault, you should hire another attorney and get paid for the pain and suffering the accident has caused. You may not feel anything now, later you will start to notice the effects if any. If the other party gets away with his lie, karma is a #$%%#! Good luck to you and your sister. Keep us updated on the situation.