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NWR: Accident

Original post by Future Mulligan

Ugh, I was in a car accident yesterday leaving work......now its going to cost us the 1K deductible to fix our car and they had to tow my car away, so I am car less I also have to go to court in NJ b/c the lady is saying she got hurt in the accident (which aggravates me b/c I have a feeling she is totally lying)....I'm sure our insurance will go up now - and to top it off i got a ticket for careless driving
wifetobe Posted:

Re: NWR: Accident

Im the manager in the claims department of an auto insurance company. If you need advise you can FM me. I'll be glad to help.

FinallyEngaged Posted:

Re: NWR: Accident

I am so sorry... as long as you are ok that is what matters most!!!!!
Espo22 Posted:

Re: NWR: Accident


Posted by cbcf

ohhh nicole i am glad to know that you are okay! But getting into an accident stinks! I am sorry you got a ticket on top of that! That stinks...

I hope the woman doesnt sue. What happened that she might? Did you rearend her that she could say the accident was all your fault..?? Man I hate when people arent just glad that they are ok and just get their car fixed. Or I hate when people pretend to be hurt.

My mom and I last year were pulling out of a parking lot and we had the right of way. But on the other side of a 4 laned street in another parking lot a woman decides to make the turn with us and hit us head on! Then the woman was trying to play it off as we were in the wrong (which the cops said we were in teh right) and she was saying oh i hurt my next the airbag. Um lady the airbag never deployed



yeah thats what S*cks, if you hit somebody from behind the insurance companies say you are automatically at fault. Its very hard to win a case when you hit the person from behind
cbcf Posted:

Re: NWR: Accident


Posted by Espo22


Posted by cbcf

ohhh nicole i am glad to know that you are okay! But getting into an accident stinks! I am sorry you got a ticket on top of that! That stinks...

I hope the woman doesnt sue. What happened that she might? Did you rearend her that she could say the accident was all your fault..?? Man I hate when people arent just glad that they are ok and just get their car fixed. Or I hate when people pretend to be hurt.

My mom and I last year were pulling out of a parking lot and we had the right of way. But on the other side of a 4 laned street in another parking lot a woman decides to make the turn with us and hit us head on! Then the woman was trying to play it off as we were in the wrong (which the cops said we were in teh right) and she was saying oh i hurt my next the airbag. Um lady the airbag never deployed



yeah thats what S*cks, if you hit somebody from behind the insurance companies say you are automatically at fault. Its very hard to win a case when you hit the person from behind



that stinks...

but is it true that in NY it is No Fault? Or is that only for certain cases?? lol
wifetobe Posted:

Re: NWR: Accident

NO Fault...only means that your insurance company will pay for your medical bills regarless of fault.

mariaobride Posted:

Re: NWR: Accident

aww sorry to hear I hope everything works out and that it doesnt get blown out of proportion no one deserves that added stress or to payout $ for that matter

Espo22 Posted:

Re: NWR: Accident


Posted by cbcf


Posted by Espo22


Posted by cbcf

ohhh nicole i am glad to know that you are okay! But getting into an accident stinks! I am sorry you got a ticket on top of that! That stinks...

I hope the woman doesnt sue. What happened that she might? Did you rearend her that she could say the accident was all your fault..?? Man I hate when people arent just glad that they are ok and just get their car fixed. Or I hate when people pretend to be hurt.

My mom and I last year were pulling out of a parking lot and we had the right of way. But on the other side of a 4 laned street in another parking lot a woman decides to make the turn with us and hit us head on! Then the woman was trying to play it off as we were in the wrong (which the cops said we were in teh right) and she was saying oh i hurt my next the airbag. Um lady the airbag never deployed



yeah thats what S*cks, if you hit somebody from behind the insurance companies say you are automatically at fault. Its very hard to win a case when you hit the person from behind



that stinks...

but is it true that in NY it is No Fault? Or is that only for certain cases?? lol



i don't know, my MOH is an insurance broker i just remember things here and there she tells me lol

but nicole said this lady wants to sue her so if th is is the case it goes on to another level
wifetobe Posted:

Re: NWR: Accident


Posted by wifetobe

NO Fault...only means that your insurance company will pay for your medical bills regarless of fault.

BNBride60 Posted:

Re: NWR: Accident

I used to work for a PI lawyer. It is true, if you hit someone from behind, you are 100% at fault and it is not the insurance company's rule, that is the law in New York. You can prove a 'non-negligent excuse' but it's almost impossible (e.g., skidding in the rain is not an excuse, the car in front of you stopping short is not an excuse, etc.).

The good news is, even if she does sue you, it's not THAT big of a deal. Especially if it really was just a fender bender. You will barely even know it is happening. First you'll get served with the papers, and then you'll tell your insurance company and they'll handle everything. The only time you'll have to do anything is when they take depositions. You will have to sit for your deposition, which should be very quick. The case will likely settle after that, especially b/c you have Geico (in fact, more than 90% of ALL lawsuits are settled before trial). If there was a trial, you would have to show up, but I doubt it would get that far.

I have to put my disclaimer that I'm not a lawyer and this isn't meant as legal advice, but it is meant to make you feel a little better hopefully. I have been in one accident and I rearended the guy in front of me. His car had the most minor dent in it and he was NOT hurt yet he still sued me. Long story short, after being served I never heard a thing about it until my deposition, and then after that the case settled.

Feel better - accidents happen!
Espo22 Posted:

Re: NWR: Accident


Posted by JB1122

I used to work for a PI lawyer. It is true, if you hit someone from behind, you are 100% at fault and it is not the insurance company's rule, that is the law in New York. You can prove a 'non-negligent excuse' but it's almost impossible (e.g., skidding in the rain is not an excuse, the car in front of you stopping short is not an excuse, etc.).

The good news is, even if she does sue you, it's not THAT big of a deal. Especially if it really was just a fender bender. You will barely even know it is happening. First you'll get served with the papers, and then you'll tell your insurance company and they'll handle everything. The only time you'll have to do anything is when they take depositions. You will have to sit for your deposition, which should be very quick. The case will likely settle after that, especially b/c you have Geico (in fact, more than 90% of ALL lawsuits are settled before trial). If there was a trial, you would have to show up, but I doubt it would get that far.

I have to put my disclaimer that I'm not a lawyer and this isn't meant as legal advice, but it is meant to make you feel a little better hopefully. I have been in one accident and I rearended the guy in front of me. His car had the most minor dent in it and he was NOT hurt. Long story short, after being served I never heard a thing about it until my deposition, and then after that the case settled.

Feel better - accidents happen!



yeah it really doesn't work. This guy in front of my dad stopped short and came to a complete stop on the 59th street bridge, and there was no reason for him to do so...but yeah my dad was still at fault. But then again this is why you dont drive too fast and have to keep a distance between you and the car in front of you or else you won't be able to stop enough, of course this is what i said to my dad bc it was my car he borrowed that day and TOTALLED!!!!!!!!
Dr Meg Posted:

Re: NWR: Accident


Posted by Future Mulligan

I'm fine....just upset....i just hate that this is happening now when we need the money for the wedding!

we have geico.....hopefully our rate doesnt skyrocket after this.....

i know this lady is going to totally sue me over a fender bender - that is the worst part....just waiting to see what this lady does......


Sorry about the accident.
Not to be a downer but i got into an accident last Nov. I have Geico and I felt they totally didn't fairly represent me at all. They took 100% responsibility for the accident (which if you talk to alot of people is typically unheard of in non-rear ended accidents) which opened me up to being sued by the other person (which they did). The women had a broken ankle and wound up settling with Geico for $75,000 in addition to her medical bills. Luckily I had more then that in bodily injury coverage, so I had no out of pocket expenses, but if they hadn't settled and she wanted more money they could have ultimately came after me personally.
I am positive my rates will go up, they haven't yet because the claim wasn't closed. It just got closed with the settlement, so I am sure once my current 6 months is up, they will.
BNBride60 Posted:

Re: NWR: Accident


Posted by Espo22


Posted by JB1122

I used to work for a PI lawyer. It is true, if you hit someone from behind, you are 100% at fault and it is not the insurance company's rule, that is the law in New York. You can prove a 'non-negligent excuse' but it's almost impossible (e.g., skidding in the rain is not an excuse, the car in front of you stopping short is not an excuse, etc.).

The good news is, even if she does sue you, it's not THAT big of a deal. Especially if it really was just a fender bender. You will barely even know it is happening. First you'll get served with the papers, and then you'll tell your insurance company and they'll handle everything. The only time you'll have to do anything is when they take depositions. You will have to sit for your deposition, which should be very quick. The case will likely settle after that, especially b/c you have Geico (in fact, more than 90% of ALL lawsuits are settled before trial). If there was a trial, you would have to show up, but I doubt it would get that far.

I have to put my disclaimer that I'm not a lawyer and this isn't meant as legal advice, but it is meant to make you feel a little better hopefully. I have been in one accident and I rearended the guy in front of me. His car had the most minor dent in it and he was NOT hurt. Long story short, after being served I never heard a thing about it until my deposition, and then after that the case settled.

Feel better - accidents happen!



yeah it really doesn't work. This guy in front of my dad stopped short and came to a complete stop on the 59th street bridge, and there was no reason for him to do so...but yeah my dad was still at fault. But then again this is why you dont drive too fast and have to keep a distance between you and the car in front of you or else you won't be able to stop enough, of course this is what i said to my dad bc it was my car he borrowed that day and TOTALLED!!!!!!!!



UGH!!! That really stinks!!

And you're exactly right - that is the rationale for making the person behind at fault - if they were driving slow enough and with the correct number of car lengths between them and the car in front of them (1 car length for every 10 mph), then they 'should've' been able to stop. We all know in real life that it's not that simple.
BNBride60 Posted:

Re: NWR: Accident


Posted by Dr Meg


Posted by Future Mulligan

I'm fine....just upset....i just hate that this is happening now when we need the money for the wedding!

we have geico.....hopefully our rate doesnt skyrocket after this.....

i know this lady is going to totally sue me over a fender bender - that is the worst part....just waiting to see what this lady does......


Sorry about the accident.
Not to be a downer but i got into an accident last Nov. I have Geico and I felt they totally didn't fairly represent me at all. They took 100% responsibility for the accident (which if you talk to alot of people is typically unheard of in non-rear ended accidents) which opened me up to being sued by the other person (which they did). The women had a broken ankle and wound up settling with Geico for $75,000 in addition to her medical bills. Luckily I had more then that in bodily injury coverage, so I had no out of pocket expenses, but if they hadn't settled and she wanted more money they could have ultimately came after me personally.
I am positive my rates will go up, they haven't yet because the claim wasn't closed. It just got closed with the settlement, so I am sure once my current 6 months is up, they will.



If it is a hit in the rear, it is very common to concede liability 100%. Other than that, though, you are right, it is rare.
Future Mulligan Posted:

Re: NWR: Accident


Posted by Espo22


Posted by Future Mulligan

I'm fine....just upset....i just hate that this is happening now when we need the money for the wedding!

we have geico.....hopefully our rate doesnt skyrocket after this.....

i know this lady is going to totally sue me over a fender bender - that is the worst part....just waiting to see what this lady does......



have you called geico yet? seems this lady is the one making all the moves...don't just wait for her to do everything. You need to take action of your own and find out what you need to do




well she didnt do anything except for leave in the ambulance and say that she got hurt...she was giving ems and police a hard time so im just assuming she is going to sue....

in nj its mandatory court for any accident with injury (at least thats what the cops said) so the court subpeona'd all of us involved to go to court first week of Feb....

i notified my insurance as soon as i got home and they are towing my car out of NJ and to the shop this morning.....
cbcf Posted:

Re: NWR: Accident


Posted by wifetobe

NO Fault...only means that your insurance company will pay for your medical bills regarless of fault.



thank you! never knew what that meant!
wifetobe Posted:

Re: NWR: Accident

No problem. Everyone thinks the same thing. Common misconception.
Future Mulligan Posted:

Re: NWR: Accident

if she does sue mostly likely it will all be through insurance and i'll only know because geico will send a letter notifiying me......its just the typical my neck, back hurts thing that bothers me.....i felt like she was lying b/c she was searching all over her car for her cellphone looking under her seats and stuff - and then she carried all of her stuff to the ambulance.....if i knew i was hurt i wouldnt even MOVE.....its an accident and i hate when people exaggerate or pretend to be hurt......i work in the claims dept at my job so i see it all the time and its such BS.....

Mici n KC Posted:

Re: NWR: Accident


Posted by Espo22


Posted by cbcf


Posted by Espo22


Posted by cbcf

ohhh nicole i am glad to know that you are okay! But getting into an accident stinks! I am sorry you got a ticket on top of that! That stinks...

I hope the woman doesnt sue. What happened that she might? Did you rearend her that she could say the accident was all your fault..?? Man I hate when people arent just glad that they are ok and just get their car fixed. Or I hate when people pretend to be hurt.

My mom and I last year were pulling out of a parking lot and we had the right of way. But on the other side of a 4 laned street in another parking lot a woman decides to make the turn with us and hit us head on! Then the woman was trying to play it off as we were in the wrong (which the cops said we were in teh right) and she was saying oh i hurt my next the airbag. Um lady the airbag never deployed



yeah thats what S*cks, if you hit somebody from behind the insurance companies say you are automatically at fault. Its very hard to win a case when you hit the person from behind



that stinks...

but is it true that in NY it is No Fault? Or is that only for certain cases?? lol



i don't know, my MOH is an insurance broker i just remember things here and there she tells me lol

but nicole said this lady wants to sue her so if th is is the case it goes on to another level



No fault is just for medical bills and yes NY has no fault but her accident was in NJ.
BNBride60 Posted:

Re: NWR: Accident


Posted by Future Mulligan

if she does sue mostly likely it will all be through insurance and i'll only know because geico will send a letter notifiying me......its just the typical my neck, back hurts thing that bothers me.....i felt like she was lying b/c she was searching all over her car for her cellphone looking under her seats and stuff - and then she carried all of her stuff to the ambulance.....if i knew i was hurt i wouldnt even MOVE.....its an accident and i hate when people exaggerate or pretend to be hurt......i work in the claims dept at my job so i see it all the time and its such BS.....



I completely feel your pain. In my accident that I mentioned, the guy was FINE. At first he pretended he was going to vomit but then I started crying b/c I was only 18 and ALLLLL of the sudden he was FINE. He was trying to make me stop crying. My insurance company settled with him for $12,000. So, basically for not being injured at all he was entitled to more than 10k.

INSANE

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