Car Accident rant :( - insurance companies urgh!

I'm sorry, I have to rant about this. I simply cannot stop stressing about how angry I am with how everything has unfolded. To make the story super short - I was driving home from work last week and this guy rear ended me (going 50km) and I was almost at a complete stop (at the lights). The back of my newer vehicle was totally destroyed (as was his front end). I was in shock when I got out of the vehicle as I was obviously not expecting to be hit, never mind the huge impact and to top it all off - he never once apologized to me and gave me a hard time about exchanging information and reporting it! I couldn't believe him! I was off work several days due to the horrible pain in my neck and lower back and due to my work situation, I don't get paid for it (but I assumed the insurance would). Well I lost over $700 in those days and they said they will only cover me if I am off 8 days in a row and only up to 70%! Well that was really upsetting to say the least! I am not the type to just sit around and relax, even if I am sick - so I am now back to work, but I won't see the money I lost, I had to waste 2 hours of my time in person speaking with an insurance adjuster, my car will never be the same again (yes the collision repair place fixed it, but they say it is never the same again and I will experience issues with it down the road), when I go to sell my vehicle - I will have to sell it for less or will have a hard time selling since it has been in an accident AND I now have to waste my time and gas money going to physio 4 days a week to correct the damage in my neck and back. I am so upset over all of this! I am getting married in several months and I wanted to kick the exercise regimen up a notch and start taking dance lessons for our first dance, etc, etc. I know the accident could have been worse and such and people deal with much worse things, but the last year for me has been really tough with other medical issues and personal family things - just really stressful overall! Is the money lost and the other things mentioned worth taking the at fault driver to small claims court? Any advice would be greatly appreciated!

Thanks very much for letting me rant!

So sorry this happened to you! Hope you're feeling better soon.

I would take him to court.

Make him pay for everything you are out.

Hope you feel better soon.

For what I read,all the encountered loss of money and time could be put into psychological and physically dommage;so I would do that. Hope you will feel better soon :) Some people need to be in front of theirs bads behaviors.

I am sure this dumb guy dont have to many vehicule dommage and did get back right to work...And you are in pain and lost money and you are not the wrong one...Something very wrong ,not right and unfair with that.And ..He give you hard time...Still not cannot believe it.So sorry it happen to you.Speed at 50 km hours...right before a stop...wow...must be a bad driver too...

So sorry that this happened to you. I know how stressful and unfair it is. I suggest that before deciding to take him to court, factor in the additional stress that this action will cost you, and likely time away from work too. Perhaps you will decide that trying to make the situation somewhat fairer for yourself by seeking a claim is worth the additional stress, or, you might decide that with the outcome uncertain, you are in no position emotionally or physically to take on that fight. Good luck to you, in whatever decision you make.

Thank you everyone for your kind words and advice - I appreciate it all.

No problem.It is what for this section is all about .Ranting and get tips and advices:) Feel free to reuse it :)

I often think to have différents opinions and 2 faces situations is good.That is what my friends do with me and I do with theirs too:)

Accidents happen. It is part of life. The laws in place do what they can to protect us and the rest is left for us to deal with. It completely sucks that this happened and wether you have a shot at him in court or not is up to a lawyer and a judge but I'd recommend doing some hot yoga and meditation -- seriously.

That is awful. I hope you are feeling better soon.

Yes OP, you're feelings are justified, your rant is valid...and unless you go through more stress and time off work to sue him, well kiss those lost wages goodbye. The average person just cannot pursue the offender in court for many reasons, financial being the biggest.
We also many years ago had a freaking speeding ambulance hit us from behind, I was 7 months pregnant, we were stopped at a light about to turn left. He hit us and propelled our vehicle in a spin around, slamming into a concrete pillar, and even though the driver apologized to both of us over and over, they rushed me to Emerg, etc....2 days later the cop charged my DH with an unsafe left turn!? What an A** the law was that day. No siren or lights on, they lied and said they were on.
The cop was protecting the god damn city from a lawsuit by charging us, because you can only prove you are innocent ( which he was of course found innocent), you cannot get them charged after the fact, so they got off completely because we just had no resources to take them to court, and it was our 1st baby....thank Gosh he was born healthy, that mattered more.
I sure know how you feel.

http://forum.smartcanucks.ca/images/...er-offline.png 2jk19 one question... did you call your insurance? what are they doing about it? i work in damage recovery for a car rental company and as far as i know your insurance should be paying for lost wages, physio, anything that affected you and your family has to get paid...yes it will take time for you to see the $$$ but you should get it. Contact a personal injury lawyer, they should help you for free or until you get your $$$ back from ins... and one advice (my husband had a severe car accident 8yrs ago, so i learned a lot) write everything in a journal.. from the day of the accident on... and when i say everything i mean EVERYTHING (related to accident of course) keep gas receipts, physio receipts, etc etc etc... sorry to hear about your accident :(

Not to mention that since you filed a claim, you'll most likely see your rates go up, even though it wasn't your fault!

I'm sorry this happened to you OP. Insurance seems like the absolute worst to deal with.

Don't ever be sorry for ranting! I do hope it was reported to the police, and your doctor also has a record of your injuries. I don't know that it would be worth it for you to pursue it in small claims as your fees could very well outweigh the financial outcome. Was he charged? Did you fill out an accident report? It sounds like he will deny, perhaps lie, whatever it takes for him not to take the blame, and with no fault insurance, I am not sure how you would do in small claims court.


I strongly suggest you stay in touch with your doctor, keep track of everything, even making a list of the everyday things that you are struggling with, big or small. Unfortunately with accidents of this type, the whiplash injuries can last, although I sincerely hope it does not in your situation.


I was hit from behind as well 7 years ago, in a 70km zone, her car ended up under mine. I was in physio 4 years total, 2 years before the specialist said surgery was the last resort, as we tried everything from physio, acupuncture, massage, cortisone shots, you name it. I then had surgery, another 2 years of physio, and the vertigo, headaches etc were still brutal. Turned out my jaw was misaligned from the accident, and I am in the process of about 2 1/2 years worth of deprogramming/programming my jaw back into place through retainers 24 hours a day, and braces.


So be careful, stay tuned into your body and definitely do not over extend yourself physically especially since you sound like me, you like to stay busy and not sit around and relax. The day of my accident I was determined that I was fine, but as the day went on, I was not, and I would never have thought that a hit from behind could ever do this kind of damage physically, emotionally and psychologically . My recommendation would be to talk to a lawyer who specializes in this area, so you can better decide what is best for you, if small claims is feasible or not or if perhaps in the future, you may experience more pain/symptoms and will need to open up a case against the insurance company. I never wanted to go that route, it's when the doctor told me I could be in recovery for a couple years or more, I knew I had no choice. It is definitely not easy *fighting* the insurance company but only you can decide what is best in your situation. Find out your rights through a lawyer, not through the insurance company (not intended to offend anyone in the insurance business) but they want to pay you as minimal as possible.


Not only will you car never be the same, but your body might not be either, and you need to protect yourself. I ended up losing my business, now have restrictions on what I can do, lost out on many hockey/ball games as our son played for our province and travelled a lot, not to mention all the stress placed on my family and myself and yes, I still have days, 7 years later, where I have the headaches, pain that I never had prior to the accident.


I understand the anger! Mine eventually turned to depression, and I never thought I was depressed..I just felt it wasn't fair, and I was mad at the other driver, to the point where my days were consumed with anger. Not healthy, and it affected my health, with my blood pressure sky rocketing.


I do not want to sound preachy, or like a know it all, but I strongly advise you or anyone in this situation to protect yourself! Always call the police,make an accident report, see your doctor..on my way home from surgery I was hit from behind, again at a red light where we were stopped. This past October, hit from behind again on the same road as the first accident, and though it didn't look like much damage, it turned out to be frame damage as well as the bumper being half torn off. All 3 accidents were as a result of the drivers being on cell phones.


If you are sore from physio, warm epsom salt baths help (I would be so sore sometimes that i could not even sit back on my couch or a chair), and drink lots of water to help flush the toxins out. If you are on pain meds, do be careful as some can cause other health issues, such as high blood pressure etc.


Yes, it could be worse but this happened to you, it has changed your life, and that's bad enough. Stress is stress!


First and foremost Take care of yourself, do relaxation exercises, deep breathing, whatever you need and feels good or right for you..I am sending all my best wishes, positive thoughts, and prayers for a healthy recovery, a beautiful wedding and a pain free life!!


ps sorry this was so long winded but if I can help in anyway by sharing my experiences, then typing every letter has been worth it :)

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Originally Posted by i_love_to_save

http://forum.smartcanucks.ca/images/...er-offline.png 2jk19 one question... did you call your insurance? what are they doing about it? i work in damage recovery for a car rental company and as far as i know your insurance should be paying for lost wages, physio, anything that affected you and your family has to get paid...yes it will take time for you to see the $$$ but you should get it. Contact a personal injury lawyer, they should help you for free or until you get your $$$ back from ins... and one advice (my husband had a severe car accident 8yrs ago, so i learned a lot) write everything in a journal.. from the day of the accident on... and when i say everything i mean EVERYTHING (related to accident of course) keep gas receipts, physio receipts, etc etc etc... sorry to hear about your accident :(

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Yes, I did call insurance company and file a claim. I went to the doctors right after to document everything and physio started the next day with an assessment, etc. Unfortunately, they will only cover wage losses after 8 consecutive days and at that point they pay up to 70% of your daily wage. Even though I am still in pain, I am not the type to sit around so I went back to work after 3 days off. Thank you - I am keeping a journal after people have advised me to. I have contacted a personal injury lawyer and they are taking on my case. I'm sorry you and your husband had to deal with this previously as well. Thanks for passing along your knowledge, I appreciate it.

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Originally Posted by luckbealady

Not to mention that since you filed a claim, you'll most likely see your rates go up, even though it wasn't your fault!

I'm sorry this happened to you OP. Insurance seems like the absolute worst to deal with.

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No, it was not my fault, so my rates will not go up - his will though.

[QUOTE=canadianhockeymom;5359939]

I did indeed report it to the police right away, with the driver. My fiance is actually a police officer so he was helpful in telling me what to do, etc. My doctor has also documented everything as well as the physiotherapist which I saw the next day. I appreciate you putting in so much effort to respond to me and reach out - I am so sorry you have had to deal with the effects of your accident for so long. It scares me to think that the results of mine could be the same. I am young and just starting my life with my fiance and on top of my current medical issue, oh my! The driver cannot lie about what happened because thankfully they have him recorded on police dispatch saying that he rear ended me as well as a witness who came forth and saw everything.

Thank you from the bottom of my heart for all your best wishes. I hope the best for you as well!!

[QUOTE=2jk19;5359963]

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Originally Posted by canadianhockeymom

I did indeed report it to the police right away, with the driver. My fiance is actually a police officer so he was helpful in telling me what to do, etc. My doctor has also documented everything as well as the physiotherapist which I saw the next day. I appreciate you putting in so much effort to respond to me and reach out - I am so sorry you have had to deal with the effects of your accident for so long. It scares me to think that the results of mine could be the same. I am young and just starting my life with my fiance and on top of my current medical issue, oh my! The driver cannot lie about what happened because thankfully they have him recorded on police dispatch saying that he rear ended me as well as a witness who came forth and saw everything.

Thank you from the bottom of my heart for all your best wishes. I hope the best for you as well!!

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Wonderful, great to hear that. My situation was different, so I didn't mean to scare you. I saw i was going to be hit, ( i saw the car in my rear view mirror wasn't slowing down) and had nowhere to go as it is a very busy intersection with 3 lanes. It was during rush hour, cars were on both sides of me, my light was red so i couldn't go through. I braced myself, closed my eyes and waited for the crash.

I apologize for scaring you, I assume my injuries were as bad as they were because I braced myself, so I'm glad you didn't see it coming. Best wishes for a full healthy recovery!!!

Sorry to hear you were in an accident, I hope you get better soon. I see you've consulted the lawyer already, but I was going to tell you that since you live in Ontario (at least that's what your profile says), you cannot sue for the physical damage to your car, you can only sue for your injuries if they reach a certain severity. That said, taking that route might be more work and headache for you so think your options through carefully.

Rant away! Sorry to hear about your accident, that sucks. Hope that you're feeling a little better soon.