Wrecked 2005 Dodge Neon

[umeshottie]

Hey guys, Im new

So me and my friend was on our way to work, so Im driving minding my own damn business listening to my Destiny Child Cd and all of a sudden boommmmmmmmmmm my car spinned and Im completely blackout for a few seconds, Im laying on a airbag, so I shooked my head and all I can hear is my friend screaming next to me, I got out of my car to see what the heck just happen, and the lady that hit me is gone, left her car on the scene but she missing...So all I can do is rush back to my car to see how my friend doing, she's trapped in my car and Im so upset...what do you know my whole passenger side is banged in, which I know isnt repairable..The car has been sitting in the tow lot for almost a month, thanks to the ridicolous police taking all day to do my damn police report, my issurance company just got on it and is investigating, I know they going to definietly consider it a loss .. Im so angry my mom went out her way to get me that damn car, took forever to get, and now Im carless right now, trying to manage my 2 jobs and college, and still til this day the lady is no where to be found..Her car was unisured, and the tags that were registed to the vehicle, the people dont even live at that address they were registered too...The devil is something, here are the pics to my car

[das2123]

Sorry to hear about your misfortune, but glad to hear you and your friend are OK. That is the most important part of the story! I know what it feels like to be in your situation, but keep your head up.

[neon_rt]

Consult an Attorney.
Unless you are experienced with this sort of accident and claim procedures you will get the shaft from your Ins company. Insurance companies will not offer to pay all of the benefits that you are allowed by law. If you don't ask (or sometimes demand) you will not get what is rightfully yours. Don't feel bad about using an attorney to demand from the Ins company, you pay for those services you should be able to use them. You may also need an attorney b/c your passenger may end up having more Medical claim than you have INS, in that case, guess who is paying the difference....YOU.
My advise, never drive with the minimum INS required by law ($25K coverage) pay the few ($11 a month for me) dollars more to have $100K coverage. Most Hospitals will settle for this amount even if the bill exceeds the INS coverage. Actually 100/300 ($100K per person/$300K per accident) INS is cheaper for me b/c my home owners INS policy (same company) went down $16 a month b/c the risk of getting sued from a motor vehicle accident goes way down.

[das2123]

^^^Great advice!

[growe58]

Some more insurance thoughts...

First of all, I’m glad you and your friend are OK. That IS the most important thing.

There’s nothing wrong with getting a lawyer, but IMHO I would wait and see if you actually need one. While insurance companies have a bad rep, a lot of them are reasonably legitimate about paying what they owe, particularly when you are the policy holder and not the third party. If you’re talking solely about medical bills, often the medical provider will bill them (and fight with them) directly so you don’t even need to get involved.

If you get an attorney, he may take the case on a contingency basis, gets 1/3 if he wins. Unless he is able to increase the settlement by 50% or more, the settlement may be larger, but you will actually see less of it. Again, I’m not saying that’s there anything wrong with having a lawyer, just suggesting that you make sure you really need it.

As far as your friend’s medical bills go, that depends on the state and the no-fault (if any) laws. Where I live, if your friend has their own auto policy, that will respond first so you may not have to worry about being financially responsible for inadequate limits (especially when it seems like you have no liability, e.g. you did nothing wrong, so you shouldn’t be responsible anyway).

There’s also a coverage called uninsured motorists. How it works varies by state, but basically this is like buying coverage for the OTHER DRIVER if they are uninsured or don’t have sufficient insurance. This may apply, so talk to your agent or company about this as well.

Finally, I’m hoping you have collision on your car. Unfortunately you will have to pay a deductible and the payment will be further reduced by depreciation which is pretty stiff on a late model car.

Glad you’re OK and good luck!

[umeshottie]

Thanks for the advice but I just got this in from my moms, here's my news, I wasnt on my mother car insurance but the car was insured in her name, she switch insurace companies, and they investigating now, as far as the girl who was in the car with me, I just found out some news from a source here at school that she telling her people that if its considered a hit and run accident that the person who was driving and car she was in got to pay her medical bill, now she been told me that her health insurance is covering her bill, and the hospital up here at my school released her becuz it wasnt no need for her to be there anymore, she tells me when she get home at the hospital that they said her rib looked cracked, if that was possible she wouldnt be getting up to walk with a cane when I saw her everyday at the hospital up here, now Im in this mess, and I thought she was my friend but I guess she aint, she lying an she out to get money, now as far as my accident, there's no witnesses, they still havent found this lady that hit me...So my question is can she get anywhere with taking me to court to pay her medical bills with out any proof...She's doing this becuz she owe this bill at school, she got to pay this other girl medical bill for fighting her in walmart and breaking her jaw..She is scheming so she can get some money out this deal..What am I to do???

[sheetmagnet]

Originally Posted by umeshottie

...She's doing this becuz she owe this bill at school, she got to pay this other girl medical bill for fighting her in walmart and breaking her jaw..She is scheming so she can get some money out this deal..What am I to do???

Well you were not at fault. You were in control of YOUR vehicle, and someone else lost control of the other vehicle and hit you. If that's what the investigation proved, then all the extra $ for damages (property and medical) falls on the woman who hit you, who already has a felony warrant for her arrest I would imagine... it might have been possible before, but as soon as the little bitch hit you and ran, she targeted herself for felony hit and run, and she'll be responsible now for MANY fees, damage costs, not to mention jail or worse.

And if for some reason the little hooker that was riding with you actually tries to sue you, jack her in the jaw 30 or 40 times with a framing hammer and make it worth your $ ... he he he, j/k, you should be fine... but if that doesn't work, I got the name of a repo-man that can really piss her off lol.

[neon_rt]

She can do whatever she wants. She can get a lawyer and sue your pants off if she wants (don't take it personally). Your INS would defend you up to the limit of the policy, provided you carry "uninsured/underinsured" coverage. If you don't have this kind of coverage, your butt is the next target for an attorney. The lady who hit you probably doesn't have INS (if they even find her). Even if her (your passenger) Health INS covers her expenses for now, they will sue your INS company to get their money back. Usually passengers will get about $5500 settlement from the INS company to drop any court action or right to file action. If there are injuries to the passenger, they will usually get about double of the medical expenses added to the initial $5500 settlement. It usually takes 1 to 2 years to settle these type of claims.
If I were you, I would remove the pics of the accident from your post, lawyers use pics for ammunition against the INS company and you are providing a pathway to lose your shirt on this deal.

[ponchonutty]

Since I'm in the insurance field I'll give you some simple advice. 1st, get a lawyer now. You'll need them to sue not only the person at fault but also YOUR insurance. You are not only entitled to the payment of your vehicle but also pain and suffering along with ANY medical treatments. Also, your insurance should be trying to settle this as fast as they can and it doesn't sound like they are.

This is why I wish Congress would pass a bill making ALL states a no-fault state like in Michigan. This way you'd know what your rights are and what payments you'd get. You would not have to rely on the other person. State minimums or worse yet, no insurance doesn't help anyone like you. If you were in a non-fault state, everything would be taken care of.

[neon_rt]

How old was your passenger (if you don't mind)?
You mentioned her health INS, it is unusual for 18-22 year olds to have their own health INS.

[umeshottie]

She's 19 years old

[neon_rt]

What is scary about your case is...that you don't know what happened and you were hit on the right side, suggesting that the car that hit you was on the right side of you and possibly had the "right of way". With no witnesses and you admitting that you don't know what happened, she may make something up that is viable and you won't be able to refute it.
Also, how do you know it was a Lady that hit you?

[umeshottie]

No it was people on the scene but they said they dont know what happen, I got out the car and saw this lady, but I had to hurry up and catch my car because it was still in drive...As far as the lady the Deleware Police is still investigating and searching for her.

[ponchonutty]

Originally Posted by neon_rt

How old was your passenger (if you don't mind)?
You mentioned her health INS, it is unusual for 18-22 year olds to have their own health INS.

Depends. Most 18-22 year olds have coverage from their parents if they are going full time to college, have a full time job, or are just smart and get their own health insurance since it's so cheap when you are that young.

[neon_rt]

LOL... You got out of your car, leaving it in drive with your injured passenger trapped in it? You are lucky your car didn't find it's way into more danger.
Hope this situation turns out OK for you. You need an attorney, it sounds like you are prone to mistakes that could lead to consequences, go find an attorney soon. Most will counsel you for free and give you an idea of what you are facing. Get an attorney before it's too late for you and your Mom, since it is her INS and her car. If she owns anything of value, she needs an attorney to protect her assets. Keep a journal of all events and conversations, take pictures to the lawers office so he can see what is going on, try to get pics of the accident site and the other car. Get an attorney.