My son just totaled my car, the other driver was at fault. I and the other driver have State Farm insurance. Is this an advantage or disadvantage to me? My son is going to be very sore for awhile, airbag and seatbelt bruises, my grandson (6yrs old) has a busted lip that requires quite a few stitches.
My son was going about 30mph (Kia Optima) and a Ford pickup turned directly into him and hit him headon. Thank goodness it wasn't worse.
Any advice in dealing with the insurance Co. ?
Thanks, Tom

 

I don't know what to tell you if both have the same insurance. I just went through a nasty head on where the guy passed out and hit us at about 60mph. I got a broke femur and kneecap, my girlfriend got 2 broke ribs and some bruises.

The guy who hit me didn't have the greatest insurance and right now we're getting a lawyer!

People make jokes and knock on them all the time, but when you need them they really can help you out a lot.

Make sure they take care of everything to your satisfaction. If they don't get a lawyer... but be prepared to get another insurance company.

 

I'm glad that everyone is ok. I don't think it will be an issue. Probably less hassle. If things start going south get a lawyer like Dave said.

 

Wife got into a wreck a few years ago-her and the other driver both had State Farm. The whole deal actually went pretty smoothly since they had the same insurance (no bickering back and forth about fault percentages or coverage amounts.) Hope it all goes good for ya.

 

That shouldn't be a problem. Do you have the same agent? We went through the same sort of thing. Basically, has long as you pay your premium they must pay for your claim and fix your car.

 

I have been thinking about what I need to get. As the owner ( not involved in the accident ) , not trying to make anything, just what's fair.

1 - Retail value of the car ( $7500 ) plus taxes and title.
2 - Value of two child car seats ($100 ) Two grandchildren were in the accident.
3 - Rental car $ Actual

4 - Medical bills $ Actual

Son and grandson should get some pain and suffering amount.
Granddaughter was uninjured.

Have I missed anything?
How is "pain and suffering determined?

 

At the risk of sounding calloused, I'd be much more in favor of your son getting paid for days that he couldn't work because of his injuries as opposed to getting paid for "pain & suffering". Pain and suffering is what makes our premiums keep going up. Ask the insurance company to cover the actual loss in income and damaged property is my opinion.

 

Good thought 12valve but he just lost his job and won't start another until next week.

 

sorry to hear about the accident and glad to hear that everyone is for the most part ok. pray for a fast and healthy recovery

 

If the insurance companies didnt low ball on settlements like they do hoping you just take it people wouldn't be asking for pain and suffering. I know I wouldnt be. I was rearended last year. Cost about 3k in damage to my car, and my back hasnt quite hurting since. All in all I think my total bills right now, and I am not done with physical therapy by a long shot, are in the neighborhood of 20k. The insurance company offered me 8500 the first time and then tried to bully me by threatening to close the case if I didnt take an offer of 9000. Actions like that are the norm, not the exception. Thats why I am getting a lawyer.

 

FIRST: so glad you can still converse with your son and granbabies....

SECOND: get a lawyer, do not wait. there are time sensitive documents that need to be filed and , no offense, but insurance agents still pay homage to the company not you. a lawyer really does fight for your rights and benefits.

Third: this is a long process, figure a typical case is two years cut and dry.
normal cases with proven or subjective injuries can take five years start to finish. either way, lots of special things to be done to give you the most of what you are supposed to get. but usually only a lawyer can recover because they know what to ask for and how to file for it.

the insurance company will not give you documents that you need for all of your claim. an attorney can file a duces tecum to subpeona the company into giving out more information than anything you could ask for.

the future of your grankids, do they want to play sports? well that is something that needs to be addressed. a damaged ligament now cn keep them off any sports team as they would not be able to pass the physical.

your son starting a new job? three weeks into work, his back starts spasms. what caused it? these are normal events with normal questions, but only an attorney NOW can protect everyone's future without claiming the stupid stuff we read about. get just what you want, legally and with standard inclusions to ease your worry. without sounding or feeling like you were excessive. you will sleep better.

I have state farm too. quick to settle but may not be adequate.
I wish the best for you and your family. my opinion here, just from the sandbox.
Heidi in NY

 

I suspect State Farm will treat you fairly when it comes to determining who's at fault. An adjuster will likely obtain the police report, and interview both drivers.

It would be a tough call as far as getting a lawyer involved (and paying the lawyer 1/3 or something). Being an injury accident, it might be worth paying a lawyer hourly rate to look over anything you sign, just to make sure it's fair and he would be covered if in the future he discovers an additional injury or something.


Anyway, I tell people who've been in wrecks like this that any accident where no loved one ended up zipped in a vinyl bag is something to be thankful for. Take the family out for a dinner to celebrate that no one died or was disabled for life.

 

Be very careful of the insurance company deciding "fault."
I learned a while ago, thru several incidents that were beyond my control (not at fault) that insurance companies rarely deem one party 100% at fault and the other 0% at fault. The vast majority of insurance settlements (vehicle insurance anyway) assign "partial fault" to both parties.
My theory is that this generates revenue by the insurance companies being able to validate rate increases to more customers.
One particular accident, I hit another car almost head on. I was going straight thru an intersection on a green light. The other car coming towards me turned left in front of me......Bang! The other driver got 2 traffic tickets, failure to yield and illegal left turn. I got no tickets. Total cost of vehicles, hospital bills was close to $100k. My insurance paid out about $6k and deemed me 6% at fault. The other persons insurance covered the rest.
My rates went up as a result of being "partially at fault."

 

Wow, I'm glad I have Allstate. We were hit by an uninsured driver. Totaled our vehicle, wife was 8 months pregnant with number 2 and number one was in the back seat. My arm broke through the side window and dragged the asphalt until I pulled it back in just before we rolled. I had the only injury. My insurance company called and said they now act as the driver at faults insurance company since he had none and offered me a great deal of cash besides paying for the vehicle, medical, etc. I said I didn't want any cash and that was what was wrong with our society and economy today but told them I thought paying my deductible for uninsured motorsits kind of stunk when it wasn't our fault at all. He agreed and just cut me a check for my deductible. All of this took about a week. We went out and bought a new mini van to replace the new one that just got totaled and all was well. I never could have imagined getting a lawyer or it having taken 2 years. Wow.

 

Update, grandson has a jaw fracture as well as stitches.
A question for those who don't like "pain and suffering" awards.
Do you think my son and grandson deserve any compensation for injuries that were totally someone elses fault?
I am not into suing or getting a lawyer, just want what is fair.