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MAC222
LIF Adult
Member since 12/08 3860 total posts
Name:
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Need some legal advice....and a debate settled...car accident related
Two years ago, DH and I were in a severe head on collision. A girl doing 65mph in the opposite lane fell asleep without hitting the brakes..at all.
the entire road was closed for some time, and the jaws of life cut apart my car, to get us out..
We were both taken to the hospital for our injuries, and were extremely lucky...
Car was totaled...insurance company paid for it, etc.
I have truoble driving still, and I think that everyone is going to hit me. Other than that, we have moved on...
Well, we were hanging out with a group of friends, and talking about accidents, law suits, etc. they are shocked that Dh and I received no $ from the girl.
Well, apparently, they all had scenarios where they got a settlement, even though NOTHING as bad happened to them..
anyone have any thoughts or experiences with this?
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Posted 11/12/09 1:37 PM  |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: Need some legal advice....and a debate settled...car accident related
Yes, it happens. Often parties file suit and the insurance company settles because the settlement amount ends up being less than what it would cost to litigate, even if there are no injuries. Through, truthfully, unless you have real injuries, I take serious moral issue with trying to squeeze money out of an insurance company for an accident if all damages have been paid already.
ETA - I don't know NY law, but you may just be outside the statute of limitations anyway if too much time has passed.
Message edited 11/12/2009 1:53:59 PM.
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| Posted 11/12/09 1:53 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Need some legal advice....and a debate settled...car accident related
I personally would have spoken to an attorney after the accident.
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| Posted 11/12/09 2:02 PM |
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DiamondGirl
You are my I love you
Member since 7/09 18802 total posts
Name:
DiamondMama
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Re: Need some legal advice....and a debate settled...car accident related
My family does this work.
Did you sustain injuries? where did the accident happen?
These two factors effect whether you recieve a settlement.
Nassau county for example doesn't pay a lot...unless servely injured...Bronx pays a lot for less off an injury, just an example
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| Posted 11/12/09 2:06 PM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
Name:
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Re: Need some legal advice....and a debate settled...car accident related
Posted by DiamondGirl
My family does this work.
Did you sustain injuries? where did the accident happen?
These two factors effect whether you recieve a settlement.
Nassau county for example doesn't pay a lot...unless servely injured...Bronx pays a lot for less off an injury, just an example
have to love a Bronx jury, they have the best payouts
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| Posted 11/12/09 2:08 PM |
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greenfreak
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Member since 9/06 11483 total posts
Name:
greenfreak
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Re: Need some legal advice....and a debate settled...car accident related
I had a bad accident where my car was totaled, the other driver was deemed 100% at fault and her company paid out.
My ER bills were paid for, as was the chiropractor I had to go to for a while and I got good market value for the car.
It didn't occur to me to sue for anything but people told me constantly that I should have. Presumably to turn a profit. I never did.
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| Posted 11/12/09 2:18 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Need some legal advice....and a debate settled...car accident related
Posted by ave1024
I personally would have spoken to an attorney after the accident.
yep....
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| Posted 11/12/09 2:24 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Need some legal advice....and a debate settled...car accident related
I had an accident years ago. A young kid without even a licence. The insurance company of the owner of the car paid for my medical bills. I had a status limitation of 3 years to sue after the accident date. I never sued but the insurance gave me $$$ for damages. I waited the 3 years to settle. I did not know if I would have issues from the accident later on. Once you settle you can never sue again.
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| Posted 11/12/09 2:26 PM |
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GSD2010
LIF Zygote
Member since 8/06 29 total posts
Name:
D
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Re: Need some legal advice....and a debate settled...car accident related
Sometimes there dosent need to be an injury. You were traumautized and may need some therapy.
Message edited 11/12/2009 2:28:27 PM.
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| Posted 11/12/09 2:28 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Need some legal advice....and a debate settled...car accident related
Posted by greenfreak
I had a bad accident where my car was totaled, the other driver was deemed 100% at fault and her company paid out.
My ER bills were paid for, as was the chiropractor I had to go to for a while and I got good market value for the car.
It didn't occur to me to sue for anything but people told me constantly that I should have. Presumably to turn a profit. I never did.
It's not always about a profit. Many of my clients have issues years later relating to an older accident. Once you have an accident you will never be the same. So you may have to see a chiropractor, PT, get massage, acupuncture for pain management 10-15-20 years down the road. A lot is out of pocket even just for the co-pays. Sometimes it's to cover the expense you will have to cover years later in medical bills.
My car accident was 10 years ago. My neck and low back remind me of it often.
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| Posted 11/12/09 2:31 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Need some legal advice....and a debate settled...car accident related
Are you suffering from PTSD? Has it been documented?
I believe the statute of limitations is 3 years. Talk to an attorney and find out what you can do.
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| Posted 11/12/09 2:33 PM |
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KGools
Happy
Member since 9/06 9532 total posts
Name:
Kim
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Re: Need some legal advice....and a debate settled...car accident related
You would have had to file a claim for your injuries with the girl's insurance company. You would've needed a lawyer.
ETA: I just asked DH about this (he works for an insurance company and his job is to handle the claims like this one and determine how much injuries are worth). He said you have up to 3 years to file a claim.
It wouldn't hurt to call your insurance company and speak to them about it if you feel it's worth it.
Message edited 11/12/2009 2:42:56 PM.
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| Posted 11/12/09 2:40 PM |
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MAC222
LIF Adult
Member since 12/08 3860 total posts
Name:
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Re: Need some legal advice....and a debate settled...car accident related
Posted by Bxgell2
Yes, it happens. Often parties file suit and the insurance company settles because the settlement amount ends up being less than what it would cost to litigate, even if there are no injuries. Through, truthfully, unless you have real injuries, I take serious moral issue with trying to squeeze money out of an insurance company for an accident if all damages have been paid already.
ETA - I don't know NY law, but you may just be outside the statute of limitations anyway if too much time has passed.
Exactly why we didn't do anything...karma, we were okay, and that is more important than any $$$.
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| Posted 11/12/09 2:49 PM |
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MAC222
LIF Adult
Member since 12/08 3860 total posts
Name:
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Re: Need some legal advice....and a debate settled...car accident related
Posted by Beth
Posted by ave1024
I personally would have spoken to an attorney after the accident.
yep....
We did speak to an attorney..all of that was taken care of..we didn't pursue anything because we felt lucky to be alive...
this was just to settle a debate...
Thanks!
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| Posted 11/12/09 2:51 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Need some legal advice....and a debate settled...car accident related
Posted by MAC222
QUOTE]
Exactly why we didn't do anything...karma, we were okay, and that is more important than any $$$.
I don't see how Karma comes into play
if it's not fraud...then you should go after what you are entitled too- esp. if you have to have any surgery- if not surgery was involved- the payout ususally isn't there
in lost wages alone and co-pays you could be out alot of money
I saw what 2 neck and 1 knee surgery can do to a once healthy person- all the money in the world can't fix that- but I am going to try
Message edited 11/12/2009 2:53:53 PM.
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| Posted 11/12/09 2:52 PM |
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Linda1003
love my 2 boys
Member since 8/08 10923 total posts
Name:
Linda
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Re: Need some legal advice....and a debate settled...car accident related
I didn't read all of the responses so sorry if this has already been said.
You could have settled with the other persons insurance company. never needed to make an actual law suit. This was obviously the other person fault the insurance company would have paid you for Bodily Injuries. Im shocked they didn't contact you!!
NY law you hae 7 years to make a claim.
(BTW I work for an insurance company)
Message edited 11/12/2009 2:54:14 PM.
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| Posted 11/12/09 2:53 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Need some legal advice....and a debate settled...car accident related
I don't consider myself a litigious person but I would speak to an attorney as soon as possible.
While you may be fine now, I can tell you that old injuries surface as you get older & my guess is you'll be having problems later on.
I've had minor injuries in my late 20s that now that I've reached my 40s hurt tremendously.
edited to add: I've read that to make a personal injury claim for an accident, the statute is 3 years.
Also did you miss any work as a result of the accident??
Message edited 11/12/2009 2:56:52 PM.
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| Posted 11/12/09 2:53 PM |
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pinkandblue
Our family is complete, maybe
Member since 9/05 32436 total posts
Name:
Stephanie
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Re: Need some legal advice....and a debate settled...car accident related
Posted by ave1024
I personally would have spoken to an attorney after the accident.
me too, definitely
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| Posted 11/12/09 2:59 PM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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Re: Need some legal advice....and a debate settled...car accident related
while people are correct that you could possibly still sue - the fact that it's been two years and you have not seen any doctors or have any injuries would probably hurt any case at all that you would have. I had a similar accient but the guy was drunk (arrested and everything) - I walked away unharmed (thank goodness) and although I know I could have sued... I really had no injuries so I felt like I would be wasting my time in and out of dr's offices for something that was not there.
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| Posted 11/12/09 3:01 PM |
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greenfreak
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Member since 9/06 11483 total posts
Name:
greenfreak
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Re: Need some legal advice....and a debate settled...car accident related
Posted by smdl
Posted by greenfreak
I had a bad accident where my car was totaled, the other driver was deemed 100% at fault and her company paid out.
My ER bills were paid for, as was the chiropractor I had to go to for a while and I got good market value for the car.
It didn't occur to me to sue for anything but people told me constantly that I should have. Presumably to turn a profit. I never did.
It's not always about a profit.
I was referring to the reason why those people told me to sue, not everyone else who has ever had an accident. I was only referring to my situation.
It's 18 years later and my body isn't what it used to be but believe it or not, I have more ill effects from my years volunteering at my ambulance corps than that accident. No, I'm not going to sue them.
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| Posted 11/12/09 3:14 PM |
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Deeluvsvinny
DONE
Member since 10/08 4952 total posts
Name:
Whatever
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Re: Need some legal advice....and a debate settled...car accident related
I was in a bad accident about 8 years ago. A woman ran a stop sign, hit me and caused my car to slam into a telephone pole. Airbags went off and I had serious back neck and jaw problems right away.
I did sue and the woman's insurance company paid a decent settlement- enough to pay cash for my new car since my old one was totalled in the accident. I didn't ask for millions, bc my injuries didn't warrant that.
I sued becuase I had ligitimate injuries and I was only 20 years old. The doctors ( and I went for several opinions) all said would have lasting damage to my back and neck nerves and discs. I went for physical therapy for a year, chiropractors, massages, acupuncture, everything I could to alleviate the pain. 8 years later and I still have a lot pain if I stand/walk too long or wear heels for too long or do anything too strenuous involving my back.
I would never sue if I didn't have legitimate injuries, bc I do beleive in karma.
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| Posted 11/12/09 3:40 PM |
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Re: Need some legal advice....and a debate settled...car accident related
Posted by GSD2010
Sometimes there dosent need to be an injury. You were traumautized and may need some therapy.
That is almost never compensible for auto accidents in NY. If you have a physical injury with a consequential mental health isuue, then maybe you can get something for being traumatized. Otherwise I would not expect a dime in NY for injuries that are mental only, especially not in Nassau or Suffolk. JMO. NY has a "threshold" law that you may want to look up or ask a lawyer about.
Message edited 11/12/2009 5:15:24 PM.
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| Posted 11/12/09 5:14 PM |
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DiamondGirl
You are my I love you
Member since 7/09 18802 total posts
Name:
DiamondMama
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Re: Need some legal advice....and a debate settled...car accident related
Posted by annoyedTTCer
Posted by DiamondGirl
My family does this work.
Did you sustain injuries? where did the accident happen?
These two factors effect whether you recieve a settlement.
Nassau county for example doesn't pay a lot...unless servely injured...Bronx pays a lot for less off an injury, just an example
have to love a Bronx jury, they have the best payouts
Which is why my dad opened his firm there
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| Posted 11/12/09 7:52 PM |
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KateDevine
*
Member since 6/06 24950 total posts
Name:
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Re: Need some legal advice....and a debate settled...car accident related
I'm confused
You spoke to an attorney, but chose not to file suit? But your friends were asking why you didn't get a pay out?
It is because you didn't file suit or pursue the case
Anyway, if it has been two years, you can file suit still, the statue of limitations is three years in NY.
But having a horrible accident is only part of the equation, litigation has changed a lot in the past few years, you do have to have some injuries of some type to really collect
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| Posted 11/12/09 11:32 PM |
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