Cant we ever catch a break!

[2HighSpeed]

When it raines it pours. After work and on his way home this evening, My husband was making a Left at a light and some lady ran a red light in front of him (he had a green arrow), She slammed into the rear quarter of his truck almost by the back door going 45mph. It spun his truck around numerous times and he then slammed into another vehicle. All air bags deployed, Back end is off the frame, Frame is bent. Needless to say his truck is totalled. I just put brand new tires on it last week because 1 exploded after going over rebar. Then his PTSD issue that caused a breakdown almost 3 weeks ago. Seriously, Cant we ever catch a break. He is OK. Thats the only upside to this. He has a concussion and a cervical strain. But he is alive so at least hes around for me to torment a little longer. And thats really what matters.

[2HighSpeed]

Let me also add, The truck is only 11 months old, Purchased brand new May 27 2012. And the impact sent the truck about 150 feet away from the impact point. And, all his tools were thrown out of the bed of the truck and promptly ran over by other vehicles driving by. Around $2,000 in tools and his brand new welder. Insurance wont cover that and its gonna take me years to be able to replace all those tools. He's gonna be lost without all his woodworking stuff, Woodworking and lead are his "things". UGH. Yup, When it rains, It pours.

[LUBEDUDE]

Wow, so sorry, it seems ya'll can't catch a break. But..... the PLUS way out weighs the minuses.

I'm glad he's ok.

[knifemaker]

If the other driver was found at fault for running the red light, you may have a recourse of getting everything replaced by that driver's insurance company. If they balk or hem haw around, threaten to get a attorney and sue for acutual damages and also pain and suffering which will cost them much more then replacing your truck and all tools that were damaged.

[Sweetpea]

Andrea, as much as I loathe them, don't hesitate to get an attorney involved.

On the other hand, it's just stuff. People are not replaceable.

Brandon

[waksupi]

Only bright side I see, being that new, the truck was most likely fully insured, assuming you didn't pay cash for it. If someone hits my vehicles, 20 and 30 years old with just liability, I'm just SOL. Personal injury to me, no health insurance, Ditto!

[xacex]

I wouldn't even bother to give an insurance company a threat anymore. Over the years I have been in several accidents, and the insurance company's as of late are more than happy to be nice to you as they screw you. I am so bitter about that industry I will have no hesitation to seek legal advice in any major loss scenario such as this. Why should you suffer? It is not your fault the driver was irresponsible, and it is not your fault that the loss department of the individuals insurance company will try to get out of paying anything but the bare minimum that will not cover your loss. Get an attorney. I carry a healthy amount of auto and home insurance because it needs to cover the loss to an individual if I am negligent even if it is an accident. I expect that someone may sue because of the policy of loss prevention, and you need to protect your assets. It is dog eat dog in the world right now. I hate that it has come to this in my life, but no one ever gave me a break, and don't give the industry which is more than willing to throw you under the bus for a buck a break. Replace your tools, your truck, your lost time needs to be compensated for, as well as your pain and suffering. Get your life back the way it was. Don't let them be the bully, and tell you what they think they should cover in spite of your loss.
I have a great insurance man who will come to dinner to hang out with my family, have a beer, and look at what is best for keeping our family working in times of tragedy. He was the first to admit that he will be there for me, but loss prevention determines the amount of the check. I also have three attorneys in the family who advise me on occasion. Although I have a great insurance man, I will always take the advise of those who are blood, even if they are viewed as blood suckers. Are you prepared? That's what it comes down to. You will take a loss on any side if you are not prepared. It is like carrying a revolver with three bullets if you are not. In this situation it is like you would have an armed guard with an uzi once you have that attorney.

[smokeywolf]

Awfully sorry you're having such a streak of rotten luck. I've been there. Keep fighting, don't give up!

What xacex said! Get yourself a legal eagle (shark) right off the git-go. Your husband is likely to have back, neck, or some kind of trouble from this for years into the future.

Like 007 is licensed to kill, insurance companies are licensed to steal; and they own enough politicians to get away with it.

smokeywolf

[Jeff Michel]

I'm like everyone else, I don't have a lot of use for lawyers. But on the other hand. The advice is good, if the insurance company doesn't want to pay for their clients damages, gently let them know you will see them in court. I probably wouldn't pay an attorney until you get an actual fight on your hands. Chances are they will fold up their tent if you stand your ground. As far as inability to pay....... You will have to take them to court, and they will have to decide in your favor as to respondsiblity. Once that's done, you sue them. If they can't arrange payment, garnish. You can attach property, wages, even their income tax return. The problem is time. It took me over a year to sort a similar mess out. It can be pretty stressful if you let it. Stay confident, you will winn in the end. Like everyone before me said, you already saved your most important possession, the rest is just stuff.
Good luck to you

[Olevern]

Andrea,
praying for you and your family. Keep us posted on how you all are doing.
Olevern

[BD]

I have been in that situation with my business truck and the insurance company for the woman who rear ended me did replace my tools. Good luck, and don't hesitate for one second to involve an attorney if necessary.
BD

[Wayne Smith]

Years ago I was T-boned by a guy who ran a red. I heard him admit to the cop that he did not know if the light was red or green. We are part of a legal plan, so I went to my lawyer. He called the other insurance guy and talked to him. After he hung up he looked at me an said that this was the third time this guy had done this, his insurance guy was pissed at him, and I could get almost anything I wanted. I greatly doubt I would have received that concession from the insurance agent if I had called.

When you deal with an insurance company lawyers are necessary, not nice.

[GaryN]

I've been through this before. The first thing to do after you make sure everyone is to the hospital and being taken care of is find a good attorney. I wouldn't wait for anything. Let them get started on your case. I know we all hate lawyers. But they are necessary in today's society. I was involved in an accident where we were in a head-on crash. The other guy was drunk. He was driving down the wrong side of a divided freeway. We were in a work truck. They paid for all the tools and everything that was lost. Get busy making a list of the tools that were lost. You will need it. Also list everything else that you lost because of the wreck. It will take a lot longer than you think before this is over. You need some help. Hire an attorney.

[wallenba]

What the others have said, get an attorney. Don't feel bad about doing it. Chances are great, if the situation was reversed, they would not hesitate. Well wishes and prayers for all of you.

[dakotashooter2]

What the others said. They will easily expend $1000 day if they have to go to court. If you are looking at under 10 K in tools and equipment a call from an attorney will likely get them to settle.

[km101]

Glad there was an upside to the accident and he is OK! That is the important thing. Now we all know that Lawyers, Bankers and skunks are to be avoided at all costs, but this is an exception. You need a good lawyer. Not a nice lawyer, a GOOD lawyer! Defined as someone who will fight like a junk yard dog for your interests! Get a good personal injury lawyer and put him to work as soon as possible. Dont talk to anyone until you see a lawyer. Anyone who contacts you that you have not hired is NOT on your side!

Take good care of your husband and look out for your best interests. Again, I'm glad that he could walk away from the accident. Hope he is OK in the long term.

[fcvan]

I went through a similar situation 15 years ago, other guy was at fault, admitted it at the scene, and blew a .25 on the breathalyzer. His insurance jerked me around because I didn't take it through my insurance. He never reported it to his insurance company, I did. When I notified them, I faxed them a copy of the police report and a copy of the court documents wherein he plead to the charges.

Months went by and nothing happened. I called frequently, and they kept saying they hadn't made a determination of fault. I informed them his plea in court established fault and they still drug their feet. When I reminded them my vehicle was in storage at the towing yard, at $15 a day, they tried to tell me I was my responsibility to get the car to a repair shop for estimates. I asked "what part of non-operational don't you understand?" Then I quoted the insurance code indicating where it was their responsibility to send out a claims adjuster.

They dug in their heels and dragged out the claim. Before the year was up for filing in court, I wrote up the lawsuit, attached my supporting documents, and went to my attorney. Because I had done all the work (but don't have a bar card) he agreed to bill for time and charges rather than a percentage of the award. That saved me about 10 grand.

Moral of this story? You insurance company works for you and they have attorneys. They regularly work with other companies and have an acceptable scale of reasonable settlements based on previous claims. Your insurance may not cover the tools but the other persons will because it is their liability. Your insurance may work on behalf of your best interests and might actually intercede on your behalf. Just remember, they will come up with a settlement offer which you should counter with an inventory of actual costs. Some of which include:

Obviously, the vehicle and its contents. Don't forget rental car even if one is not rented. Every day from the date of the accident until the vehicle is replaced qualifies. Even if you are using a vehicle you already own, the use of that vehicle kept someone else in the household from using it. Also, using that vehicle put additional wear and tear on that vehicle.

Lost wages. This includes a documented pattern of overtime. If they try to say 'you didn't lose wages because you used paid sick leave' that's bull. Your sick leave is a tangible benefit with a monetary value. If used, it is gone and won't be there if needed in the future. They can't out sick leave back on your books but they can compensate you for causing you to use it.

All medical expenses. This includes mileage to and from doctors appointments. If you've gone back to work and attending follow up appointments after work hours, you are being deprived of time with your family which is valued like overtime.

Pain and suffering rarely gets much in an initial settlement, and you have to sue for that. Being as this occurred in Texas, I think there is Tort Reform law that limits the the amount of liability settlements. Still, it is reasonable to consider the negative effect of the accident on daily life activities. From the date of the accident until the date the doctor determines the patient is permanent and stationary and that could be months. Think of it like this, if watching the kid(s) play baseball, basketball, etc., is difficult or impossible because of a brace or a splint or whatever, that deprives participation in normal daily activities.

Anyway, when they hit you with an initial settlement offer, present them with your itemized list. If they counter to cover that list, you are good. If they refuse, you can always take it to an attorney but chances are after your attorney gets through you likely won't get more than the original offer considering attorneys fees and all. That and it will be a year or more before you get anywhere near a settlement or longer if it has to go to trial.

In my case, I got everything I had originally asked for which was replace my vehicle and pay my expenses. Since they wanted to get stupid I tacked on lost wages, mileage, and lost overtime. That more than doubled the settlement. Oh ya, they had to spend a boatload of money on attorneys fees on top of all that.

Good luck with everything and I hope alls well that heals well.

[10 ga]

Glad the personal damages aren't life threatening. Hope you don't get too down. I'm lifting you up .....

10 ga

[DCM]

There are a times in your life where an attorney is priceless this is one of them sadly.
Also a very thorough Med. exam is a must!
I got t-boned by a guy that ran a red light quite a few years ago some things have never been the same since.