VeggieBoards banner

1 - 20 of 29 Posts

·
Registered
Joined
·
1,785 Posts
Discussion Starter · #1 ·
Yesterday afternoon, my sons were passengers in a one-car accident. It rolled over, twice. My 15-year-old received a 3-inch laceration on his head (luckily under his hair) and my 17-year-old has a compound fracture in his back.<br><br><br><br>
The doctors are telling me that both should make complete recoveries. Neither spent the night in the hospital.<br><br><br><br>
We have good medical insurance, but we do have a deductible.<br><br>
I do not know if the driver of the car has insurance of not...<br><br>
Does anyone have experience with this sort of thing?<br><br><br><br>
What are the first steps I should take? (I would just like their medical bills paid.)<br><br><br><br>
Thank you.
 

·
Registered
Joined
·
1,351 Posts
First,Im glad your son's are okay! I think that after making a police report you need to get a copy of it to your insurance. Then they will talk to the driver's insurance company and get it settled. This was my experiance when my son was in an accident.
 

·
Registered
Joined
·
1,481 Posts
I too am glad that your sons are ok. When I had my accident, I wasn't hurt - thank god- but there was substantial damage to my car. Since I wasn't at fault, I really didn't want to pay for it. I gave a copy of the police report to my auto insurance agent and they battled it out with the other guy's insurance. My agent was very helpful in advising my through the whole process since the guy was a high risk driver and he didn't have much insurance. It ended up turning out ok - my car got fixed and his insurance paid for it.
 

·
Registered
Joined
·
0 Posts
The driver's auto insurance should cover your sons' medical expenses. However, they may ask you to sign something saying that you'll settle for $X.XX Don't agree to just anything without scrutinizing it closely ... they're the supreme at loop hole writing. Your son with the compound fracture in his back could have problems for life ... make sure that whatever you "settle" with, he is well taken care of in the future if there is the possibility of future medical expenses. If need be, get a lawyer to help you with this.
 

·
Banned
Joined
·
5,034 Posts
I've had experience in crashing a car (upside down in the air at 60mph) and injuring someone..... but I was breaking the law and scammed my way out of a lot of trouble (with both the Police and insurance company). The guy who was injured also had an "understanding" Doctor, which made things easier.<br><br><br><br>
I may be able to help out in regards to any trickery on the part of the driver (I know all the tricks... at least in Australia).
 

·
Registered
Joined
·
6,902 Posts
All the advice sounds good so far. I second getting your insurance company involved, and definitely call a lawyer. Back injuries are not cool. Even if the driver is not insured, maybe the owner of the car is, or you may have coverage for uninsured drivers that applies to your sons.<br><br><br><br>
Was the driver a teenager?<br><br><br><br>
Best wishes to you and your sons. It sure is a good thing they weren't hurt worse.
 

·
Registered
Joined
·
1,785 Posts
Discussion Starter · #7 ·
My 15-yr. old seems to be doing well. My 17-year-old can sit, stand and lay down without pain, but changing from one position to the other is painful. He is on both a muscle relaxant and pain medication.<br><br><br><br>
The driver of the car was 18. He is a nice "kid" and his family is poor. At the ER his mother told me that she thought the car was insured "only if her husband was driving" ?<br><br><br><br>
Let's say they did not have insurance, is there anything I can do?
 

·
Registered
Joined
·
6,902 Posts
<div class="quote-container"><span>Quote:</span>
<div class="quote-block"><i>Originally posted by mushroom</i><br><br><b>My 15-yr. old seems to be doing well. My 17-year-old can sit, stand and lay down without pain, but changing from one position to the other is painful. He is on both a muscle relaxant and pain medication.<br><br><br><br>
The driver of the car was 18. He is a nice "kid" and his family is poor. At the ER his mother told me that she thought the car was insured "only if her husband was driving" ?<br><br><br><br>
Let's say they did not have insurance, is there anything I can do?</b></div>
</div>
<br><br><br>
Well since the kid is 18, you don't have to worry about money from the parents- they are no longer responsible. But bc it is just a young adult with no assets, they are probably "judgement proof" meaning you will not get any money from them.<br><br><br><br>
See a lawyer, that is the only way you can get your answers. You need to look out for your sons' wellbeing and suffering first, regardless of the family involved. That is not to say you need to be mean or cut throat, but if there is a way to get money from their insurance, you need to do that. And if it is illegal for the kid to drive without insurance, that is an issue, too. Was a police report filed? If not, it needs to be ASAP.<br><br><br><br>
Another reason to do this is bc as soon as your health insurance finds out it was an auto accident, they may refuse to pay, saying that the money should come from the responsible party. You need to be prepared.
 

·
Registered
Joined
·
4,819 Posts
$500 fine, at least where I am to be without insurance. And I believe it's required to have coverage on any vehicle that's being used (parked cars, like those for summer only can have min-dropped I think).<br><br><br><br>
Never heard of a insurance that is only active if one person is driving, and void otherwise...<br><br><br><br>
A lawyer may be needed, at least to answer questions (although may be a $250-$500/hr consultation).<br><br><br><br>
I wouldn't settle for any set amount until you pretty much well know that the injuries won't have any major future complications. And definately get a copy of the police report...<br><br><br><br>
Good that your kids weren't in worse shape.
 

·
Registered
Joined
·
2,631 Posts
your insurance company is an excellent source for you to get info on your options.<br><br><br><br><br><br>
even if the car is only insured when driven by dad does not take away their responsiblity to your sons. i believe they will not pay damages to the owner, but they still have to for the innocent victims. also most everyones insurance will cover unisured things, so your insurance company would probably step in and cover your sons, but not 100% sure, since your car was not involved. i was hit by an unisured driver, so my insurance company covered my car.<br><br><br><br>
good luck to all. i hope it all works out for the best.
 

·
Registered
Joined
·
1,785 Posts
Discussion Starter · #12 ·
Here is the situation, as I know it now:<br><br>
We were told to make an appointment with a neurologist in Albuquerque tomorrow. Our pediatrician couldn't even get an appointment made and advised us to take our son to the ER in Albuquerque and have him evaluated by whoever is on duty at the time. No appointment!<br><br><br><br>
I spoke with the drivers mother and asked her flat out about insurance. She said her son was not insured, even though her husband would have been. I asked if I could have her insurance information, just to make sure and she wouldn't give it to me, saying, "I would hate to have all of my insurance cancelled."<br><br><br><br>
I asked her if she knew that it was illegal to drive without insurance and she said "No"<br><br><br><br>
It kind of made me mad that she was worried about herself at this time. So far, she has not said the magic words "I'm sorry."<br><br><br><br>
However, my call scared her enough so that she did call to check about the insurance and it turns out the driver WAS insured!<br><br>
She told me that she was very relieved because (I had scared HER!)
 

·
Registered
Joined
·
1,785 Posts
Discussion Starter · #13 ·
I really want to thank all of you for posting on this...it has been very stressful and so hard to think straight. Your information has been VERY helpful.<br><br><br><br>
Thank you all so much!!!
 

·
Registered
Joined
·
6,902 Posts
No offense, to the driver's mother/the driver, but um, how could you refuse to give someone your info, and also not know if your son is insured and let them drive your husbands car? Insurance for a young male is expensive, somebody's paying for it. <img alt="" class="inlineimg" src="/images/smilies/rolleyes.gif" style="border:0px solid;" title=":rolleyes:"> Frankly, when she said she didn't know if her son had insurance, maybe she was just trying to deter you. You're much better off, now. Not only will your auto insurance support you, but your medical insurance will support you, too. They don't want to pay that.<br><br><br><br>
Hope all turns out well.
 

·
Registered
Joined
·
4,819 Posts
I was in an accident years ago where an 16year old kid was driving (and hit me), the mother said <i>she</i> was driving, not the kid. Offered to call the police and called the wrong one (city over county). Just happened to get the cop that was a friend of the family, and "convienently" changed insurance companies (or something like) that to avoid paying.<br><br><br><br>
Fortunetely my insurance paid everything, then went after her insurance. Still have side effects from the wreck years later, but couldn't get anything as a settlement due to the mistakes.<br><br><br><br>
So what that mother's done/doing doesn't surprise me in the least. At least she coorporating now, or at least seems like it.<br><br><br><br>
Hopefully everything will turn out all right.
 

·
Registered
Joined
·
1,785 Posts
Discussion Starter · #16 ·
I truly believe that the mother thought her son was not insured.<br><br>
When she found out that he was, she seemed very happy. But, her attitude (not apologizing etc.) has left a bad taste in my mouth.<br><br><br><br>
Her insurance guy called me about an hour ago. He was SWEET AS PIE, but didn't offer much except I hope your boys are doing better. Etc. He seemed slippery with charm.<br><br><br><br>
I was hoping they would come up with something decent, so that I didn't have to resort to contacting a lawyer.<br><br><br><br>
We are just going to wait and see what the doctors say tomorrow. Hopefully, it will be good news. I am so worried.
 

·
Registered
Joined
·
1,785 Posts
Discussion Starter · #17 ·
Thalia wrote: "No offense, to the driver's mother/the driver, but um, how could you refuse to give someone your info, and also not know if your son is insured and let them drive your husbands car?"<br><br><br><br>
Not only did she believe that her son was not insured, they had "given" the car to their son several months ago, but just didn't bother to change titles! He drove the car every day!<br><br>
And all the while she believed that he was not insured!!
 

·
Registered
Joined
·
2,631 Posts
i am glad you have made some progress, but always remember the goal of the adjuster is to spend as little money as possible. they will low ball you because some people will say ok that is fine. your son's back is hurt and i doubt it will be trouble free after this, so be very very careful. i would see a couple of doctors to make sure nothing is over looked as well as a chiropractor.<br><br><br><br>
again good luck and best wishes.
 

·
Registered
Joined
·
5,660 Posts
I am sorry your sons were injured. I believe the parents of the driver would have been liable, because they owned the car.<br><br><br><br>
I am not familiar with the laws in NM, but I assume that your insurance company could have found out about their insurance coverage one way or another.<br><br><br><br>
I wouldn't make too much of the issue of not hearing "I'm sorry." Most lawyers would advise their clients not to say that, since it could be interpreted as an admission of liability/fault.
 

·
Registered
Joined
·
6,902 Posts
<div class="quote-container"><span>Quote:</span>
<div class="quote-block"><i>Originally posted by mushroom</i><br><br><b>Thalia wrote: "No offense, to the driver's mother/the driver, but um, how could you refuse to give someone your info, and also not know if your son is insured and let them drive your husbands car?"<br><br><br><br>
Not only did she believe that her son was not insured, they had "given" the car to their son several months ago, but just didn't bother to change titles! He drove the car every day!<br><br>
And all the while she believed that he was not insured!!</b></div>
</div>
<br>
When my parents gave me a car, they <i>made</i> me put it in my name ASAP because of the potential for just this sort of thing.
 
1 - 20 of 29 Posts
Top