I cant be screwed!!! Help...

nancy227

Junior Member
Dec 18, 2012
9
0
0
on Dec.7th I was driving on the 5 south freeway. Traffic had been a little slow for about 45 min, when it finally came to a complete stop. I had my foot on the break while I waited with some distance in front of me. Out of nowhere I got struck pretty bad from the back. My neck especially slammed against the headrest. I was in immediate shock as I was bawling I tried calling my boyfriend to tell me what to do next. I was disoriented and my head was throbbing. To my surprise as I got out of. the car here where 4 of us in the accident. Some guy rear ended the lady behind me which then caused her to rear end me. Now since I had been stepping on my breaks I guess I didn't get pushed into the next car. But the nightmare doesn't end there. The force of the impact caused the lady to get pushed of to the left and she ended striking the car directly to my left.

Being my fiirst accident I didn't know what to do? I didn't get to get anyones names or info. It all happened to fast. The highway patrol arrived asking questions. Regarding the accident, the next thing I know I get my keys taken away along with my registration, proof of insurance, and my license as I'm being taken by the ambulance! As I'm waiting to get a cat scan the officer on the scene comes into the room with my license and tells me my car has been towed asks me a couple more questions. Then leaves.

The only thing that helped me is that the lady that hit me got taken to the the hospital In the same ambulance! I overheard her name and that she had AAA. I only got my vitals taken and the cat scan done but when the results came that my neck wasn't broken they
discharged me and gave me strong pain killers. Norcos. From the time of the accident at 6pm to when I got discharged at 10pm I immediately called to get my car out but the lady sai I couldn't get it out until Monday.! The last I wanted to do was argue so I just hung up. I filed a claim on sunday. Without my car to go to work I didn't work momday and Tuesday. They said I was taking time from my vacation! Yeah right, it was a nightmare!!my insurance pretty much wasn't moving a finger to help me since I only obviously. Only had liability. To my old 97 nissan altima. On the other hand, the lady behing me had a 2012 ford fiesta hint: full coverage.

Long story short, by Monday my towing fee was $785. And no way I can pay that! They kept on telling me that I need tp get it out because I'm going to be held responsible. If I go over the limit from what the guy can pay. Confused and pissed that I had to keep paying out of poket I decided getting a lawyer. Finally some relief he sent me to a chiropractors to start treatments. It started making me feel better but as of yesterday. December. 17th he said there is no case anymore! We were all going after the guy that started the crash.. that asshole didn't have insurance!!!

Now I have the hospital bill, chiro bill, car is totalled, and my towing bill is still piling up!! Now it must me up to 2,000!! Is so pissed and stressed. He did mention I could sue but if he can't afford his $20 a month insurance he is dead broke!! And that if I try suing the lady that hit me they WILL fight me and I most likely will lose!! What can I do??? I didn't hit anyone why do I have to pay??? Please help me.
 

Newbian

Lifer
Aug 24, 2008
24,768
864
126
I don't even know where to start on this post but I am hoping for ipads.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
1) call your insurance company

2) they will do the rest (also wouldn't hurt to talk to an attorney)
 

SMOGZINN

Lifer
Jun 17, 2005
14,221
4,452
136
I'm not sure what you can do. If your lawer dropped the case, then there is not much of a chance you will get any money. Getting a settlement in small claims court against the woman behind you is probably your best chance of getting something. It does not cost you much, and the low amount might not be worth the insurance company fighting.
And in the future care better insurance.
 

SMOGZINN

Lifer
Jun 17, 2005
14,221
4,452
136
This.

Do NOT NOT NOT talk to anyone except your insurance company or YOUR attorney.

Read the OP. Insurance company is not interested (she has liabilities only) and lawyer already dropped her telling her that there is no money to win.
 

crownjules

Diamond Member
Jul 7, 2005
4,858
0
76
You need a lawyer. My GF was similarly hit from behind while stopped a few months ago. By the sounds of it, you're probably going to be experiencing back and neck pain for many months to come and will need lots of PT to get yourself healed. Even if you have insurance, you'll likely exceed the allotment they set aside for these types of things. It's up to your lawyer to fight on your behalf to recover all the costs associated to the treatment of your injury and any other effects its had on your life.

Some lawyer will take the case. Some won't because the process is long with lots of paperwork involved with not a huge payout at the end.

edit: Missed the part about no insurance. Yeah, this is a situation where you're probably going to be screwed. That sucks.
 
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Hecubus28

Member
Jan 29, 2005
192
0
76
Having only liability insurance there is probably nothing you can do except try to sue the guy that caused the whole mess, but you will probably not get anything.

My wife was recently involved in an accident like yours a few weeks ago. A lady in a mini van hit the person behind my wife and pushed my wife's car into the car in front of her, and so forth. The accident ended up with 6 vehicles damaged, and three totaled.

The police deterimed the lady in the van was at fault and only her insurnace was responsible for the other vehicles.

Fortunately she had enough insurance and our car was replaced.
 

1sikbITCH

Diamond Member
Jan 3, 2001
4,194
574
126
Many people can handle this type of situation without a lawyer. You're a freaking babbling mess. Get a lawyer.
 

SMOGZINN

Lifer
Jun 17, 2005
14,221
4,452
136
Having only liability insurance there is probably nothing you can do except try to sue the guy that caused the whole mess, but you will probably not get anything.

My wife was recently involved in an accident like yours a few weeks ago. A lady in a mini van hit the person behind my wife and pushed my wife's car into the car in front of her, and so forth. The accident ended up with 6 vehicles damaged, and three totaled.

The police deterimed the lady in the van was at fault and only her insurnace was responsible for the other vehicles.

Fortunately she had enough insurance and our car was replaced.

And in this case the person determined to be at sole fault has no insurance and no money. Therefore no lawyer will touch it, because there will be no payoff.
 

Baked

Lifer
Dec 28, 2004
36,052
17
81
You guys who are still asking for ipods and ipads are so lame. I'm asking for a brand new car. European preferred, but will take American if it's valued at above $50K.
 

sixone

Lifer
May 3, 2004
25,030
4
61
And in this case the person determined to be at sole fault has no insurance and no money. Therefore no lawyer will touch it, because there will be no payoff.

No insurance doesn't mean no money. It may not be enough for the lawyer who dropped her, but she may be able to find one who will do it. Especially if the other drivers give up.
 

SphinxnihpS

Diamond Member
Feb 17, 2005
8,368
25
91
No insurance doesn't mean no money. It may not be enough for the lawyer who dropped her, but she may be able to find one who will do it. Especially if the other drivers give up.

The OP sounds like she has no money either, so dot dot dot
 

SMOGZINN

Lifer
Jun 17, 2005
14,221
4,452
136
The OP sounds like she has no money either, so dot dot dot

This is pretty much it. It is easy to find an attorney if you are willing to pay out of pocket, but the OP can't afford to get her car out of storage, I doubt she can afford $100 an hour for an attorney that is probably not going to be able to actually collect enough to pay his fees much less give relief to the OP.
 

Itchrelief

Golden Member
Dec 20, 2005
1,398
0
71
See if you can file a claim against the lady who directly hit you. They then have to collect from the person who hit her. The fact that the guy who started it all is uninsured is hopefully her problem. If you had collision then you could let your insurance company handle everything under subrogation, but as you don't, you're going to have to do it yourself.

In the case that everyone has insurance, this is how my claims adjuster has explained it to me, whether it is 100% factual I am not sure. A hits B, B hits C. C collects from B, B collects from A. It's obviously more efficient to have A just pay B and C, but as in this case the chain is broken, you may have to try to just let B get screwed and collect from B. Obviously someone is going to get screwed so you're going to have to try to make it not be you. Good luck.
 

SaurusX

Senior member
Nov 13, 2012
993
0
41
Depending on your state you need to either file a claim with the guy's insuarance company that originally caused the chain reaction or the lady that hit you. Probably the former. Just because all you have is liability on your car doesn't exempt you from collecting on damages caused to you through no fault of your own.

Edit: just re-read the OP and noticed the original guy doesn't have insurance. In that case you have no other recourse than to file a claim with AAA against the lady that hit you directly (for damages, medical bills, and towing). Since you don't have collision and/or uninsured/underinsured motorist coverage you're going to have to fight this battle by yourself without your company as backup. The situation is not good.
 
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robphelan

Diamond Member
Aug 28, 2003
4,084
17
81
dear lord.. AAA is the absolute worst. They are stubborn and will do the absolute minimum they can get away with.

We were rear-ended rather badly by one of their insureds in 02/2011 - he admitted 100% at fault.

We had 4 car seats in the car at the time and we wanted them all replaced - 3 Britax and 1 less expensive model. They wouldn't pay full replacement cost without original receipts even though we were going to turn in the seats to them.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Check you policy for PIP (Personal Injury Protection) coverage. It's usually for $2K or $2.5K. It is an amount that is built into almost all car insurance packages and covers medical costs regardless of who's at fault. it will not impact your rate and a check is issued directly to you. Additionally, if you are able to collect from a third-party, you do not need to subtract the costs covered an paid by the PIP protection. To collect you only need to provide bills and police report. Check with your insurance agent for it. Most won't tell you unless you ask.
 

JimKiler

Diamond Member
Oct 10, 2002
3,559
205
106
dear lord.. AAA is the absolute worst. They are stubborn and will do the absolute minimum they can get away with.

We were rear-ended rather badly by one of their insureds in 02/2011 - he admitted 100% at fault.

We had 4 car seats in the car at the time and we wanted them all replaced - 3 Britax and 1 less expensive model. They wouldn't pay full replacement cost without original receipts even though we were going to turn in the seats to them.

With AmFam we replaced car seats right away and even though we were rear ended we got a check in 2 days. The lady who hit us was stopped and reached for a laptop and thus rear ended my Wife's SUV. Her insurance had expired the previous day. Our insurance found out she did not pay to get new coverage and they attempted to collect from her but were unsuccessful after 1 year. They gave up and said it would be on her credit report. We were only out our deductible.

OP even though you were not at fault it happens all the time, get yourself more insurance next time because it seems like people without insurance do most of the damage.
 
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