• Folks, if you've recently upgraded or renewed your annual club membership but it's still not active, please reach out to the BOD or a moderator. The PayPal system has a slight bug which it doesn't allow it to activate the account on it's own.

Another accident story

arvin

NJRC Member
Saw the other thread and was inspired to write my own story.

I work in Philadelphia and live in Edison. About two weeks ago I was getting back from work. The traffic was slower than usual on 95 North. I was doing like 50 miles an hour and this gentleman rear-ended me which caused my car to hit the one in front. The guy that slammed my car profusely apologized and admitted fault. I called his insurance company to file a claim. My car had to be towed away and declared totaled by the insurance company. Later that night I felt some pain on my upper back. Next day went to the doctor and had some pain medication prescribed. Promptly informed the insurance company. So far so good.

Exactly one week later, about the same time, around the same area I was hit again. This time I was driving a rental car provided by the previous insurance company. I was making a left turn into a gas station. There were two lanes on the opposite side. There was no traffic in the first lane and there was this huge truck in the second lane. The truck stopped so could make the left run in front of him. So started the left turn and almost got into the gas station. There was this moron who was standing behind the truck who suddenly decided to go around the truck (using the shoulder) and banged my car from the side. Heavy damage to my car with both passenger side doors got ripped. His car was totaled in this accident. Turns out he is a 21 year old kid who was driving his Dad’s car without his knowledge. According to him he is not on this Dad’s insurance policy. Anyway, called his insurance company filed a claim. He admitted fault and working with the rental company to straighten things out.

This time I felt that distinct pain in my lower back. Went to the doctor next day and continuing with the pain medication. Later I learn that I should go through my own insurance company for the medical claims which is what I am doing now. In a way this helps, because I don’t need to go through two different companies to resolve the medical claims. Now there are two burning questions right now for me.

1. If this was not due to my fault why do I have to pay deductible?
2. I have had history of back problems. Last year had to undergo a cervical spine surgery. Although there is clear evidence (from follow up visits) that the older issues have been resolved, is it possible that the insurance company at some point deny the claim that this was a pre-existing condition?

Any input is highly appreciated.

-Arvind.
 
Arvind.....

If it is not your fault, then no you do not have to pay any deductibles unless you go through your insurance company for repairs, etc. If you go through your own company and pay the deductible, but it is found to be the other drivers fault you can get reimbursed by the other company for the deductible.

I don't think they will deny any claims for your back as it seems as if you were fine before the accident and it was the accident that caused the pain and problems.
 

Sunny

NJRC Member
Article Contributor
Man that sucks Arvin. It does not seem to be your fault. I hope things work out for you soon.

Sunny
 

mnat

Officer Emeritus
Staff member
Moderator
Arvin we just went through something similiar a few months ago. Nikki was coming home from visiting her brother in law when a kid ran a red light and hit her car on the rear passenger tire and spun it around. We went to the hospital but nothing was wrong and she walked out of there. We paid the deductible but just like Steve said, we were reimbursed the full amount due to the fact it was 100% the other drivers fault. The insurance company for whatever reason decided to repair her car even though they later admitted they should have just totaled it because of the extensive damage.

She had some lingering back pain and was on some meds as well. We submitted all the medical stuff through our own insurance and it was taken care of. Nikki has slipped a disc in her back before this and was just getting better whne this happend. Needless to say this set her back and she was back at the physical therapist soon after. The best thing for her back was joining me at my personal trainer and doing core work outs. Since she has started going with me she has significantly less back pain and can even wear heels again.

Good luck with everything.
 

arvin

NJRC Member
for the repairs - the other insurance companies are taking care of everything. I dont have to pay any deductible. I am talking about the medical expenses. Since I am opening a claim through my insurance company for the personal injury part, I have to pay a deductible. Now there are two claims with $250 deductible each. It sucks...
 

arvin

NJRC Member
Arvin we just went through something similiar a few months ago. Nikki was coming home from visiting her brother in law when a kid ran a red light and hit her car on the rear passenger tire and spun it around. We went to the hospital but nothing was wrong and she walked out of there. We paid the deductible but just like Steve said, we were reimbursed the full amount due to the fact it was 100% the other drivers fault. The insurance company for whatever reason decided to repair her car even though they later admitted they should have just totaled it because of the extensive damage.

She had some lingering back pain and was on some meds as well. We submitted all the medical stuff through our own insurance and it was taken care of. Nikki has slipped a disc in her back before this and was just getting better whne this happend. Needless to say this set her back and she was back at the physical therapist soon after. The best thing for her back was joining me at my personal trainer and doing core work outs. Since she has started going with me she has significantly less back pain and can even wear heels again.

Good luck with everything.

Glad she is gotten better. Didn't you have to pay the deductible for the medical expenses? I was told that I have to pay the deductible and the deductible gets adjusted with the overall yearly deductible for medical insurance that I have through my company. No idea how this is all will work out.

The adjuster also said, I can send a request to the other insurance companies for reimbursing this deductible. She said many companies oblige but it is their right to reject.

I dont want to sound to be whining. Fortunately I can afford this amout. But it did came in as a surprise that I have to foot this bill even though it is not my fault.
 

mnat

Officer Emeritus
Staff member
Moderator
I am sure Nikki will chime in later, I let her handle all that fun stuff.
 
I am not big into litigation but I have heard of people frivolously filing for less - what happened with you (getting rear ended) seems to fit the bill of a legit claim- especially if it's impacting your day to day functions. Or does the state of nj limit the amt of tort/claims from personal injury like this?
 

arvin

NJRC Member
I am not big into litigation but I have heard of people frivolously filing for less - what happened with you (getting rear ended) seems to fit the bill of a legit claim- especially if it's impacting your day to day functions. Or does the state of nj limit the amt of tort/claims from personal injury like this?

I have a limited tort of $15K. If it exceeds that amount, my medical insurance will take care of the rest. If I miss work, I will get paid $100 per week. PER WEEK! I want to tell them I need that much just to keep my fish tank running!

I am not into litigation either. Actually I can't sue anybody since I have a limitation of lawsuit option on my policy. Some people are advising me to sue in Pennsylvania since the accident happened there. PA is a full-tort state apparently. One person even said go to federal court since one of the drivers is from Delaware. It is all really confusing. The more you read about it the more confusing it becomes. I just don't have the time to deal with it. I just hope the pain goes away eventually and don't need to think about this again.
 
obviously i'm a dunce with tax laws and ask an accountant (or turbo tax). In this case I'd definitely consider asking for legal counsel if your pain does not subside.
 
I think I would consult an attorney regardless, even if you have no plans on suing anyone. An attorney will advise you of your rights (which, as shocking as it is to believe, insurance companies don't always stick to the letter of, especially if they think they can get away with it). It will also aid you in the future should something unforeseen crop up as a result of this. Having consulted an attorney, you will be in a better position to handle unforeseen circumstances that could crop up 6 months, a year, even more later.

You don't necessarily have to retain an attorney, most will do consultations for free, or at a minimum, a relatively inexpensive consultation fee (comparative to what you may have to pay one should you have to play catch up months or years down the line). Be sure to select one that is versed in multiple states, as it seems you have two different issues that encompass multiple states.

It certainly can't hurt to get the peace of mind from an attorney that everything is being handled appropriately.
 

arvin

NJRC Member
Thanks Matt. I am thinking of calling couple of attorneys this week and seek their advice.
 
Top