85 year old man crashed into my new car yesterday (pics)

[Ilmater]

Originally posted by: nguyendot1
Wow...that is what you consider bad? Man... I can't say I feel too sorry for you. The damage to your car is minor to be complaining about neck and back. Try walking away from the accident I did last year. Your old man was coming at 20-30. I got hit by a metro city bus coming at 55mph, me going 50mph, it hit me perpendicular to the passenger side. I got my new car paid for, system in the car paid for, and $5k of 'shut up' money. And yes my neck and mainly back hurt like a mofo for the 6 weeks of 7am physical therapy that I had to endure. BUT, I did walk away. Be thankful and not greedy. Your case isn't anything special. Walk away from what I did, and still be happy you're alive.

And for everyone feeling sorry for the old man... He needs to be re-tested.

MY crash..

Kudos to you and a huzzah for that attitude.

And while I'm at it, nice ride. :thumbsup:

 

[Lucky]

Originally posted by: Ilmater

Originally posted by: JeffreyLebowski
Thank you,
I stopped reading this thread with this post.lol
It sums up my feelings. Pain and suffering. Please. you are a whiney little bitch. He didn't even hit you that hard going by the pictures......

Yeah, it's _such_ a good idea to have "wicked crazy sex" with my back hurting like crazy. Stupid moron.

 

[meltdown75]

What happened to the pic of the old guy?

 

[EXman]

I think this would be a bad commercial for the words on the building to the left of your wrecked car. Come to our new and improved AUTO CENTER and your car can look like this!

bummer man

yup you unLucky

That car is gonna take a hit on resale value too worst part.

 

[SuperStrokey]

I cant really say that you should drop it or not as "I" really dont know the extent of your injurys or pain, but i can put in an experience that my gf had. SHe was rear ended (no jokes ) at about 100-80 km/h when she was at a total stop. While her injurys did not seem terrible at the time they have progressed over the years. She now suffers from headaches on a nearly daily basis and a migraine every month or 2. There are few and far between pain killers that she can use, Tylenol 3's are like candies for all the good they do (although percacet [sp?] works decently but also makes her a mental vegitable). She received only 20k for this and she will be like this more than likely for the rest of her life unless something can be done. SHe went through all the physio and trys to stay in shape at the gym but her back gives her problems still everyday. Again she was rear ended at a far greater speed than you so i cant comment on what you should do, but be aware of what may happen to yourself in the future also consider what will happen to the old man. One last thing, pull the old farts off the road... especially the old asian females.

 

[nguyendot1]

Originally posted by: Ilmater

Originally posted by: nguyendot1
Wow...that is what you consider bad? Man... I can't say I feel too sorry for you. The damage to your car is minor to be complaining about neck and back. Try walking away from the accident I did last year. Your old man was coming at 20-30. I got hit by a metro city bus coming at 55mph, me going 50mph, it hit me perpendicular to the passenger side. I got my new car paid for, system in the car paid for, and $5k of 'shut up' money. And yes my neck and mainly back hurt like a mofo for the 6 weeks of 7am physical therapy that I had to endure. BUT, I did walk away. Be thankful and not greedy. Your case isn't anything special. Walk away from what I did, and still be happy you're alive.

And for everyone feeling sorry for the old man... He needs to be re-tested.

MY crash..

Kudos to you and a huzzah for that attitude.

And while I'm at it, nice ride. :thumbsup:

Can't complain too much now, they paid for my system and let me keep it. I dont have it anymore tho, it got totalled out in that wreck. I did however inherit the Infiniti I30t in those same pics....parents bought a new one

 

[Mill]

Originally posted by: DonVito

Originally posted by: jumpr
What is this pain and suffering bullshit? You got hurt, his insurance will pay for your medical expenses. I don't think a car accident qualifies as any sort of undue psychological stress for you, much less for your girlfriend, who was a freaking PASSENGER. MAYBE if it was a severe injury accident or a fatal crash you'd qualify for punitive damages/pain and suffering, but I think any reasonable judge would laugh in your face, as I'm doing right now.

EDIT: I'm looking at a law textbook now which states that punitive/compensatory damages (which is essentially the 'pain and suffering' euphamism we all hear) is reserved for cases where the defendant is shown to have acted in malice or intentional wrongdoing. You clearly don't qualify for this.

Ahem - practicing law without a license is a crime in some states, and that's what you're doing.

Pain and suffering are considered "actual damages," not punitive, and the overwhelming majority of courts would award based on them in this case. For the same reason, the insurance company will normally include them in any negotiated award.

I have to disagree with you here. Nowhere did he state he was providing legal advice or represent himself as someone who practices law. He merely gave his interpretation of a law book(whether the interpretation was correct or not) and stated he didn't feel that Lucky's claim fit the definition of what he was reading. At no time did he state he was giving him advice or even offering a legal opinion. He gave an interpretation of something in a law book. You can get random law books at any bookstore, and they've got information in them that could be construed as giving legal advice under your definition -- disclaimed or not. If he'd have said: I'm an Attorney and I think you aren't entitled to jack sh!t, then you'd have a better argument. To be fair, you gave an opinion that an overwhelming majority of courts would award them based on that case, yet you didn't disclaim until later.

I think there is a very big line between practicing law over the internet, and then discussing the merits of a case like this unless someone is claiming to be a legal professional.

RE: The Michigan Code, the only part you could argue would be that he practiced law. Since he didn't represent himself as an attorney, didn't say this was a legal opinion, and merely regurgitated his opinion of what someone else wrote, I'd say it would be a far far reach.

Not real sure why you are being so snippy in this thread, though. I think P&N permanently corrupted you. I don't hold any ill will toward you, but I do feel you were being very unfair to jumpr, and I'm not sure why.

 

[Mill]

Originally posted by: Mill
<---- been in two not at fault accidents in the past 6 months. One was a guy driving 20mph above the speed limit in heavy rain with bald tires. Now that is negligent! I wasn't hurt in either one. In fact, I've been in about 4 not at fault accidents, and never been injured, and some have come at over 40mph. If you get pain and suffering for your inconvenience, then so should everyone else that gets hit. I had to hassle with a rental car and other BS before I got mine fixed, and I haven't had time yet to get the last accident fixed. I call it life, and I suck it up and deal with it. Yeah, I'm pissed, but it isn't pain and suffering.

I just now read where you detailed your injuries. If things are as you say, then I could see you getting compensated. What I have a problem with, are people who dragggggggg these things out forever and have a mystery ailment or something that isn't easily diagnosed. While it may be anecdotal, my step-brother rear-ended someone back in 2000, and his insurance company is still trying to settle with the guy. A > 5mph collision at a red-light(rolled into him while the light was changing), and the guy is claiming a host of physical and psychological damages.

If you are injured like you say, then I offer you good luck in getting things taken care of. I've been in my share of wrecks as a passenger and driver, and I've never really experience any type of injury, so I must be fortunate. If you are hurt then you'll have medical evidence, and that can only help you and your GF. I'm not a doctor, but I just don't see how from that damage you and her have severe back and neck pain. If you do, then of course there will be supporting medical evidence. Maybe my friends and I are superpeople, but I've seen/been in much worse wrecks and didn't have any lasting trauma. Yes, experiences vary, but I'll never understand how people can get such "major" pain from a wreck like that.

 

[Alex]

Originally posted by: z0mb13
that sucks man

word :brokenheart:

 

[Lucky]

If you are injured like you say, then I offer you good luck in getting things taken care of. I've been in my share of wrecks as a passenger and driver, and I've never really experience any type of injury, so I must be fortunate. If you are hurt then you'll have medical evidence, and that can only help you and your GF. I'm not a doctor, but I just don't see how from that damage you and her have severe back and neck pain. If you do, then of course there will be supporting medical evidence. Maybe my friends and I are superpeople, but I've seen/been in much worse wrecks and didn't have any lasting trauma. Yes, experiences vary, but I'll never understand how people can get such "major" pain from a wreck like that.

Well, my GF says that most of her pain is gone. I don't want to say completely but she's feeling pretty close to normal. My neck pain has passed as well. (I wouldn't be saying that publically if I was trying to scam money from this.) However, my back pain is still very much present. It's controlled when on medication but even moderate physical activity (tried to help clean the house this morning) strains me very badly. Doctor says that it's a good possibility that seeing the car coming a split second before he hit me caused me to tense my muscles which made the injuries worse compared to a blindsided hit.

The estimate of the car was finished last night. $5147.xx. Body shop says minor frame/suspension damage, nothing that isn't repairable. I'm going over there in a few hours to get a copy of it and might detail the things that need to be fixed.

 

[Mill]

Originally posted by: Lucky

If you are injured like you say, then I offer you good luck in getting things taken care of. I've been in my share of wrecks as a passenger and driver, and I've never really experience any type of injury, so I must be fortunate. If you are hurt then you'll have medical evidence, and that can only help you and your GF. I'm not a doctor, but I just don't see how from that damage you and her have severe back and neck pain. If you do, then of course there will be supporting medical evidence. Maybe my friends and I are superpeople, but I've seen/been in much worse wrecks and didn't have any lasting trauma. Yes, experiences vary, but I'll never understand how people can get such "major" pain from a wreck like that.

Well, my GF says that most of her pain is gone. I don't want to say completely but she's feeling pretty close to normal. My neck pain has passed as well. (I wouldn't be saying that publically if I was trying to scam money from this.) However, my back pain is still very much present. It's controlled when on medication but even moderate physical activity (tried to help clean the house this morning) strains me very badly. Doctor says that it's a good possibility that seeing the car coming a split second before he hit me caused me to tense my muscles which made the injuries worse compared to a blindsided hit.

The estimate of the car was finished last night. $5147.xx. Body shop says minor frame/suspension damage, nothing that isn't repairable. I'm going over there in a few hours to get a copy of it and might detail the things that need to be fixed.

I hope you get better.

 

[Don Vito Corleone]

Originally posted by: Mill

I have to disagree with you here. Nowhere did he state he was providing legal advice or represent himself as someone who practices law. He merely gave his interpretation of a law book(whether the interpretation was correct or not) and stated he didn't feel that Lucky's claim fit the definition of what he was reading. At no time did he state he was giving him advice or even offering a legal opinion. He gave an interpretation of something in a law book. You can get random law books at any bookstore, and they've got information in them that could be construed as giving legal advice under your definition -- disclaimed or not. If he'd have said: I'm an Attorney and I think you aren't entitled to jack sh!t, then you'd have a better argument. To be fair, you gave an opinion that an overwhelming majority of courts would award them based on that case, yet you didn't disclaim until later.

I think there is a very big line between practicing law over the internet, and then discussing the merits of a case like this unless someone is claiming to be a legal professional.

RE: The Michigan Code, the only part you could argue would be that he practiced law. Since he didn't represent himself as an attorney, didn't say this was a legal opinion, and merely regurgitated his opinion of what someone else wrote, I'd say it would be a far far reach.

Not real sure why you are being so snippy in this thread, though. I think P&N permanently corrupted you. I don't hold any ill will toward you, but I do feel you were being very unfair to jumpr, and I'm not sure why.

I didn't mean to say that he was, uncategorically, practicing law. I only mentioned that law to illustrate why one shouldn't attempt to provide legal advice without any knowledge to back it up.

Jumpr provided some completely stupid, incorrect advice (based on his ignorant misinterpretation of some textbook) and proclaimed it as fact. If Lucky had relied on this advice, he might have been significantly wronged by failing to adequately protect his interests.

I was just trying to look out for Lucky, who I feel is being unfairly picked on by a pack of idiots. I don't see how I was being unfair to jumpr by pointing out that he knows nothing about the law, and that his advice was ridiculous and wrong.

The irony is that I've seen this same board encourage others to sue over far more trivial things.

 

[acid45]

Originally posted by: jumpr
What is this pain and suffering bullshit? You got hurt, his insurance will pay for your medical expenses. I don't think a car accident qualifies as any sort of undue psychological stress for you, much less for your girlfriend, who was a freaking PASSENGER. MAYBE if it was a severe injury accident or a fatal crash you'd qualify for punitive damages/pain and suffering, but I think any reasonable judge would laugh in your face, as I'm doing right now.

EDIT: I'm looking at a law textbook now which states that punitive/compensatory damages (which is essentially the 'pain and suffering' euphamism we all hear) is reserved for cases where the defendant is shown to have acted in malice or intentional wrongdoing. You clearly don't qualify for this.

Exactly the USA is already filled with mofos like you looking to get a few extra bucks... pffffffffft i wish you would of got hurt atleast then... DIE!!!!!!!!!

 

[cerebusPu]

what if the old man sues you for pain and suffering for getting in his way. its just $500. just drop it.

 

[h3nG]

dude...

i totally feel sorry for you and for what happened, but...

dont be a lame ASS

i was once hit from the back by another car, when my car was completely at rest...the impact jerked my neck back and caused immediate and prolonged pains for close to one week. what did i do? called the police to check out the accident, and called home for someone to pick me up. perhaps i should've called an ambulance and had my doctor check it out to make sure my neck was fine. but i didn't. and never ONCE, did i think of sueing or getting money for the "pain" i went through...

if you sue from this incident, the next time you get in an accident, i hope they sue you big time (not literally). so you can understand how it feels to be taken advantaged of (yes, though some my view it incorrect...i think you're just trying to pull as many strings as you can with this "opportunity"). perhaps i could have understood you if you lost your vision, broke your arm, or etc... from the accident. but temporary pain? oh come on, i've gone through more pains being injurred or hit by someone while playing sports by *accident*.

anyways, we all view this situation differently...i just hope you will one day be able to view that there are more things in life then money. just know that the guy that hit you suffered much, much, much more than you have. and thanks to greed, you are about to make it worst.

anyways, i hope you come to your senses. and your pain completely goes away.

 

[Lucky]

but temporary pain?

Who knows if it's temporary? I surely don't at this point. Seems like everyone and their mom has been in an accident that they are quick to compare to mine. There are idiots in here claiming to be hit at 40+mph and walk away without even being sore. Every accident is different.

oh come on, i've gone through more pains being injurred or hit by someone while playing sports by *accident*.

Completely different. That's elective, and you play sports knowing full that it's a physical contact activity. Getting hit by this man was not elective.

i just hope you will one day be able to view that there are more things in life then money. just know that the guy that hit you suffered much, much, much more than you have. and thanks to greed, you are about to make it worst.

Not really greed, and I don't know how in the world this old man suffered "much much more" that I have. He didn't go to the hospital. His car wasn't undrivable. He wasn't out unreimbursed money from something that wasn't his fault.


Bah, i'm sick of arguing with idiots. I'm not debating the merits of my pain or why I don't deserve to be out hundreds of dollars as a result of this dumbass. I'll post again for updates as they happen but will stay out of here otherwise.

 

[Swylen]

Neck problems are no joke. I had no feeling in my right arm for about a month. Doctors say I have the neck of an old man and I'm only 34. They said all the heavy lifting jobs I had as a young man have wrecked my neck. I now get to look forward to getting my neck bored out near the nerve the next time it happens. I have severe neck arthritis. Also can be caused by severe neck trauma from.......say accidents.

Oh, and some unknown criminal in a minvan door dinged my 4 day old TC to the tune of $720. I need pain and suffering.

 

[h3nG]

i guess anyone who feels or would have acted differently regarding to this particular situation are idiots? if so, i am proud to be one.

you are correct in noting that every accident is different. by your pictures, your accident appears to be very minor. but i dont doubt the pains you are reporting. i've seen a lot worst, vehicle damage-wise, while the driver (often only one of the two) came out fine. it really depends on the positioning/angle/speed. but who is to say the old man suffered not? physically. it's possible he was in too much shock to notice the pain. for the same reason you and your gf's pains were not immediate.

in my my accident, the initial response given by the insurance company was refusal to pay. but they ended up paying for everything. it didn't take much for me to correct their refusal, just a long phone conversation. i am pretty sure in the end, you wont have to pay for anything, even for any therapy session you may need from this accident.

as for my comment about the old man suffering more than you, perhaps i am presumming too much that the old man thinks like me. i've been involved into a total of two accidents, one due to my carelessness and one due ot the carelessness of others.

physical pain i can bear. but the consequences of hitting someone, to me, is a lot worst. truth is, if someone hits you and you walk out of it with your life and no real harm...you are relieved. but if you hit someone you are more likely to suffer psychological "pain". i felt horrible aftering being involved in the accident i knew i was responsible for. no feeling is as prolonged as that of guilt. shock and fear are often short and instantaneous. to top it off i had to pay for some of the damages, and my insurance went up.

most of my friends share this same philosophy. in fact, one of my friends in highschool felt so bad aftering hitting someone, she didn't drive her car for a year and half...not until she went to college and had to drive to class.

anyways, good luck...i do wish for the best of things, both for you and the old man.

 

[h3nG]

Oh, and some unknown criminal in a minvan door dinged my 4 day old TC to the tune of $720. I need pain and suffering.

ouch man, the hit and run always boil my blood.

 

[SuperStrokey]

Hit and run homos are the worst scum of the world. Spinless cheap fudging losers

 

[TimothyX]

Originally posted by: FlyLice
You won't get shvt for pain and suffering unless you lost an arm or leg.

 

[tRaptor]

He will get something in terms of "pain and suffering". Why shouldent he? As far as I can see it not only does he have to deal with all this crap (that should be worth $500 alone IMHO) but he did get hurt, he could be hurt the rest of his life cause of this. So he has back problems? so what? NO, think about that the next time you enjoy a day of hiking, or swimming, or snowboarding. This has the potential to affect him the rest of his life. Will it? IDK if it was that serious, but it could be.

As far as getting money from insurance, like others have said, he will probably get some kind of offer. A friend of mine recently hit a deer driving on the interstate. He was being followed to close by a woman who rear ended him right after the hit. Now his car was TOTALLY destroyed by the deer, but he still got money for the damage she did, plu\s extra for pain and suffering, (something like $300) plus her insurance covered (i beleive) all of his medical. I know it sounds crazy becasue he was clearly hurt from the deer, but I think her insurance was afraid to get sued.

 

[BigLar]

Generally, if one wants a big payoff without working, he buys lottery tickets...

 

[CraigRT]

I'm with most others, I'd drop it , let everything settle, and move on.

I mean I'm not in the hot spot, but that's what I think without being in it.

 

[groovyguru72]

jesus this compensation culture is 100% pathetic, guess im changin my mind about moving over the US (less theres a state where people dont sue you for looking at them) think ill try OZ instead, or new zeland

lucky you really are making a moutain out of a mole hill


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