TTMA what to do after a car accident

[bobyn]

I just got home from the doctor. My PCP doesn't handle car accident injuries, so they referred me to another doctor who did a basic exam and took x-rays that we'll review together tomorrow. He's told me to stop exercising for now, so I don't know if I'll be able to do my 5K in a few weeks. Womp womp.

I also spoke to a personal injury lawyer who helped FIL after an accident he was involved in and got some helpful information from him. He agreed that it was best not to make any decisions about using his services until after the x-rays have been reviews and a plan of treatment has been discussed with the doctor.

I guess what I'm needing some advice on is this - the insurance company of the man who hit me asked if I wanted them to handle the claim or if I wanted my own insurance to handle everything. I see pros and cons to both sides - no deductible if I use the other company, a likely quicker resolution if I use my own. I still don't have a rental, but it's not a huge deal as DH is done working for the week and I can use his car.

Also, at what point should I start looking for a new car? Do I need to wait until my car is officially deemed a total loss and the lien is paid off by insurance? I've been looking around and found a few that I'm very interested in, but don't want to jump the gun here.

Any and all advice will be appreciated. Thank you all from the bottom of my heart for listening to me this week as I try to process everything.

[punkypower]

My car accident was on a Thursday. On Friday we were notified that my car was totaled. That afternoon we went to the dealership we use, I knew I wanted the same car-my dream car and I'd only had it six months plus it kept us injury free in the accident. This was the simplest part of the whole ordeal. I had my new car Saturday or Monday.

IMO do not move forward in replacing your car until your car has gen totaled.

And hugs again!

ETA-
other than taking DS to the ER I have no experience on what to do medically. We only did that as a precaution as the fireman suggested it. 

[bobyn]

Also, here are some photos of the damage. Spoilered in case these kinds of accidents are triggering to some. PDQ

SPOILER: Click to show

{Click Here}

[McBenny]

This is what I have always done. I go through my insurance. They work for me. They represent me. Also the other company will try to do as little as possible.

I have never had to pay my deductible out of pocket. They get that money from the other company. I have never waited on the other company.

I file my claim. Get my rental and my company does everything else.

[brux]

@privacy or theseaword might have good advice about talking to any insurance companies or lawyers. You don't want to be trapped in the future by offhand comments or things you agreed to now (or didn't do now).

I would be inclined to have an attorney or your insurance company deal with talking to the other driver's insurance company.

Also, I like Nolo for basic legal advice: www.nolo.com/legal-encyclopedia/tips-settling-car-accident-claim.html
blogs.findlaw.com/injured/2010/08/11-things-to-do-after-a-car-accident.html

I would slow down on making any new car moves, despite the desire to get one. If you do think you're injured, that could take a while to figure out a course of treatment

[bobyn]

Sept 20, 2017 10:23:50 GMT -6 McBenny said:

This is what I have always done. I go through my insurance. They work for me. They represent me. Also the other company will try to do as little as possible.

I have never had to pay my deductible out of pocket. They get that money from the other company. I have never waited on the other company.

I file my claim. Get my rental and my company does everything else.

Unfortunately, my policy does not include rental coverage. If I get a rental car, do I keep the receipts and send those to my insurance so they can get those costs reimbursed?

[joy]

Woah. Glad you're okay, bobyn.

[Pizzaslut]

Yikes bobyn! I'm really glad you are okay. I agree with McBenny that going through your insurance would probably be best in this situation. They will go after the other company.

I don't really have advice medically, but I'm glad you got tests. I would wait to see how bad you feel. You don't have to make up your mind right now. It could be weeks before you feel 100% (which I hope is not true for you). Plus you will know more when you get your results. Just document every ache and pain for now.

[brux]

jesus, bobyn, that's a scary accident. I'm glad you're here and mostly ok.

[anastasia]

My mom was a claims adjuster. I know she would recommend NOT going through a personal injury lawyer. I would have my own insurance company handle it. I wish I remembered more about what my mom did when I was rear ended. I'll see if I still have any paperwork.

[Pizzaslut]

Sept 20, 2017 10:25:39 GMT -6 bobyn said:

Sept 20, 2017 10:23:50 GMT -6 McBenny said:

This is what I have always done. I go through my insurance. They work for me. They represent me. Also the other company will try to do as little as possible.

I have never had to pay my deductible out of pocket. They get that money from the other company. I have never waited on the other company.

I file my claim. Get my rental and my company does everything else.

Unfortunately, my policy does not include rental coverage. If I get a rental car, do I keep the receipts and send those to my insurance so they can get those costs reimbursed?

Did you talk to your insurance company about this? Your policy doesn't cover it, but they are going to get reimbursed from the other person's policy. They may cover it knowing they will be reimbursed.

[leatherpants]

Yikes, those pictures are awful. I'm really glad you walked away mostly ok.

I don't know anything about anything and my two car accidents have been quite minor so I have no advice but I do want to give you hugs like I promised. Its a pain in the ass to figure out the insurance stuff and all of this and I hope it goes by smoothly for you. Take your time to heal, physically and mentally.

[shan-ah-doo]

Just here to offer more hugs.

[Deleted]

bobyn, I would not buy another car until you know yours is totaled.

The old rule used to be 65% damage or more to the value of the car gets it totaled. However, if you are upside down in the loan, there is no guarantee the entire note will get paid.

You might get offered to fix the damage and take a gray title. If you had planned on driving the car into the ground and owe more than the car is worth, it's not always a bad thing.

I just should add, IDK TX insurance law at all and might be way off.

[bobyn]

Those links are helpful, brux. Thank you.

[Deleted]

I will say, as soon as you say lawyer, the other party will likely cease communicating with you. I'm not discouraging you.

[McBenny]

Sept 20, 2017 10:25:39 GMT -6 bobyn said:

Sept 20, 2017 10:23:50 GMT -6 McBenny said:

This is what I have always done. I go through my insurance. They work for me. They represent me. Also the other company will try to do as little as possible.

I have never had to pay my deductible out of pocket. They get that money from the other company. I have never waited on the other company.

I file my claim. Get my rental and my company does everything else.

Unfortunately, my policy does not include rental coverage. If I get a rental car, do I keep the receipts and send those to my insurance so they can get those costs reimbursed?

Yes. I would ask your agent to be sure.

[bobyn]

Sept 20, 2017 10:28:05 GMT -6 Pizzaslut said:

Sept 20, 2017 10:25:39 GMT -6 bobyn said:

Unfortunately, my policy does not include rental coverage. If I get a rental car, do I keep the receipts and send those to my insurance so they can get those costs reimbursed?

Did you talk to your insurance company about this? Your policy doesn't cover it, but they are going to get reimbursed from the other person's policy. They may cover it knowing they will be reimbursed.

I think I'm leaning towards having my insurance handle everything. I just feel slightly more confident that they'll do more to help me. I'll mention this to my claim representative when I call her to give her my decision.

[bobyn]

That probably sounds super naïve. I've said it before, but I feel very overwhelmed with everything that has happened.

[CeeBug]

I am just so glad that you are ok. I don't have any advice, but I wanted to offer hugs.

[Peekaru]

1) You've done many of the right things already
2) Go through your insurance, they should be able to answer all of the concerns you have. You are paying them for it; they would be able to point you in the direction of reimbursement.
3) Hold off on the new car; you don't know if they will cover the whole cost + loan value of the old car.
4) I know it sucks, you didn't ask for this. Big hugs, you are doing really well.

[leatherpants]

Sept 20, 2017 10:38:13 GMT -6 bobyn said:

Sept 20, 2017 10:28:05 GMT -6 Pizzaslut said:

Did you talk to your insurance company about this? Your policy doesn't cover it, but they are going to get reimbursed from the other person's policy. They may cover it knowing they will be reimbursed.

I think I'm leaning towards having my insurance handle everything. I just feel slightly more confident that they'll do more to help me. I'll mention this to my claim representative when I call her to give her my decision.

I don't think this sounds naiive. You pay them to do exactly this. Think of all the bloody car insurance you have paid over the years. Its time for them to earn that money.

[robotsvswrestlers]

As far as the PI lawyer, you have plenty of time to decide how to proceed. Do not feel rushed. It varies by state, but in mine you have up to 2 years after the accident to file suit. Also, most PI attorneys will take a certain percentage of the money you receive in your lawsuit as payment, so you shouldn't pay for anything out of pocket. If the attorney worked with your FIL, I would assume you had a good experience to return, so you might already know this.

[moosemom]

I'm glad you are ok. That looks scary.

We were in an accident last year that totaled H's truck. Our insurance company recommended we work through them and not the other insurance company. We would be entitled to all the coverage that we pay for, rental car, gap coverage etc. The accident was 100% the other guys fault. They also told me we did not have to talk to the other insurance company that we could tell them that any questions could be handled by our insurance. I would wait on the purchase of a new car until you get your money and know for sure where you stand.

[Deleted]

I'll be the odd one out and say go through their company. While your insurance will likely subrogate to theirs, that process takes a long time and other than your deductible they likely will not include your OOP expenses (rental car).
Going through their company cuts out the middleman.

And you can bring yours in if you disagree with the assessment /appraisal of your car.

I'm also leery of medical practitioners who specialize in auto accidents- but that's a rant for a different day

[Deleted]

Geezus bobyn, I'm so glad you're ok.

[Deleted]

I was rear-ended last year, totally other drivers fault, I was injured, but my car wasn't totaled. I didn't get a lawyer.

I did everything through my insurance company. It was fine. They took care of what I needed and sought reimbursement from the other guy's insurance on their own. It was relatively easy for me in that regard.

You should take your time to make sure you're physically and mentally ok - there's no rush for any final decisions there. I was in PT for... a few months. Honestly I probably still have some lasting effects, but after a few months I just wanted my claim settled and cash for alternative therapies (mainly yoga). I tried all the traditional PT options available to me though before settling. Take your time.

[anastasia]

Sept 20, 2017 11:10:32 GMT -6 @privacy said:

I'll be the odd one out and say go through their company. While your insurance will likely subrogate to theirs, that process takes a long time and other than your deductible they likely will not include your OOP expenses (rental car).
Going through their company cuts out the middleman.

And you can bring yours in if you disagree with the assessment /appraisal of your car.

I'm also leery of medical practitioners who specialize in auto accidents- but that's a rant for a different day

Hmm, my first inclination was to go through the company you pay, but this sounds right. And when I had a really minor accident (a student hit my car!) I let their company handle it. My mom definitely advised me in all things insurance, so she must've thought that was a good idea.

[tater]

I'm glad you're ok bobyn.

IME, I have gone through my insurance. I did pay my deductible and got reimbursed. Make sure you are keeping a log of lost wages due to the accident, medical bills, receipts...

[bellatrix]

No advice, just wanted to say I'm glad you're ok!