First and foremost, I hope you get better very soon! Your health and well being is the most important thing.

That statement to the cops says alot to me.

He either has bad brakes and/or tires. Which means he was driving unsafely (you said he was speeding) in an unsafe vehicle.

Or...

He was driving too fast on a slippery road, and he was distracted by something that took his attention away from the road. And you on that road.

My guess is he was distracted by something. Radio, cell phone, trying to eat food while driving, etc... You get the idea. He was looking at whatever, and when he looked up saw you already stopped. He then slammed on the brakes, and you know the rest.

Either way, he is negligent and should be charged with a couple different offenses.

As for your Monte, my feeling is the insurance company will total it. Just to get it off the road. Like the others have said, they do what ever costs them less money. Plus, they also have incentive to get people into new, fuel efficient vehicles.

Talk it over in depth with your lawyer. A good lawyer will go after everything he/she possibly can. Also try to talk with your boss and explain the situation. It wasn't your fault, and there's nothing you could have done to avoid it. Hopefully your boss will have a heart and give you some light duties for a while.

Really very sorry to see and hear about your accident. Hope your back to 100% very soon!


JJ... I'm guessing you had visions of that being your car?

 

I have not idea what you could possibly be talking about.

 

moonlit - SO sorry to hear about your accident. it's great that you're ok, although you should definitely see a doctor to make sure there isn't any other damage to your neck or your back. it looks like you were hit really hard, especially if the driver's seat actually broke!!

first of all - are the police aware that the taxi cab technically started the whole mess??? he should be cited for nothing less than an illegal u-turn and/or backing up illegally on a highway or whatever. did he even stick around at the scene? (i'm guessing not - he probably saw what happened and high-tailed it out of there?)

second - the guy that hit you, his insurance (assuming he has insurance, and you should be able to find this out by the police report) WILL take care of you. they will get you a rental car, they will take care of your pain & suffering, lost wages from work, and of course they'll cut you a check for the amount of the car. i'm with the rest of the crowd here that it will most likely be totaled, but their insurance company will be responsible for all that other stuff also.

depending on his liability limits, if he doesn't have enough to cover everything, YOUR insurance company should help you take him to court. they should pay lawyer/court fees and make sure you get what you deserve from that guy. your insurance company won't pay for your car, unless you have collision coverage. your liability coverage is for if you were to hit someone else, it would pay to repair their car. but you pay insurance premiums for a reason, and they should help you out in this case.

good luck and keep us posted!!!

 

Wow moon, were you hit by a truck because the bumperbar is still there and straight? I seen plenty of less damaged 5th Gen Montes in junkyards here in SWPA with a lot less miles and a lot less damage so I think for sure yours will be joining them. Sorry to see that I know Id be a mess if that was my car too.

 

Chevy girl... I only had limited liability. So I'm pretty sure I gave up most of my rights. I asked GMAC my insurance what they would cover and they were like "medical". So I'm assuming they aren't going to pay my lawyer.

Yes, the cops WERE aware of the taxi driver because I TOLD THEM about the taxi driver making an illegal U turn.. the other driver didn't know HALF of ANY of what the hell was going on BECAUSE HE WASN'T PAYING THE !@*#(!# ATTENTION. I WAS STOPPED FOR TRAFFIC. He should automatically be found at fault. He should be charged with wreckless driving, negligence, causing an accident, driving too fast for conditions, not operating a safe vehicle (bad brakes and or tires)... I have ANY AND ALL receipts for my monte within the past two months of EVERYTHING I have done with her... Alignment, TIRES, AND BRAKES. Bingo buddy... you're at fault!!!! And yes, the taxicab SPED AWAY... and I told the officer that as well. Even though I was hurt I was VERY coherent and I have a VERY good memory.

Yes it was a truck. A beat up 80's gmc or chevy suburban. Four door. Big *** thing. Plowed right into me. He hit me going 60.... at least. That monte carlo SAVED MY LIFE and I will NEVER own anything other than a monte carlo EVER AGAIN.... I want a car with some STEEL around me. My parents have never been so upset and my dad is on the warpath....

I'm assuming JJ had images of his car looking like mine, because we have twin cars.

Bowtie, you're in pittsburgh??? Do you know Duquesne very well??? I was hit on Duquesne Blvd heading into McKeesport I work for dish network.... it was a yellow cab that was making an illegal u turn from a turning lane to go into that shopping center.... he blocked both lanes and almost took out a phone pole. People fly down the Blvd all the time. I'm the white monte carlo with the different color hood and fender. You've probably seen me if you live in south hills.

My problem is... I DON'T HAVE A CREDIT CARD. So how the )#$(!)#( am I going to tell enterprise to eat it when they want some huge *** deposit from me. I am not putting out ANY kind of cash, PERIOD. THIS IS NOT MY FAULT.

My car is only worth about 2600 dollars in the worst of shape. I only lost 2 days of work so far, totalling to about 200 dollars. If he doesnt have ENOUGH to cover that (PA limit is 15, 30, 15 at the MINIMUM) than he is going to have not a pot to **** in or a window to throw it out of when I'm done with him.

 

you need to go through the other guy's insurance first, and if he doesn't have insurance THEN gmac should help you out in taking him to court. or at least work something out with him where he pays them back incrimentally until the damage, etc. is paid in full. that's what the guy that i got into the accident with is supposedly doing. i'd rather have gone to court, and i would have had it been an incident like yours where i had medical issues and lost wages. my situation was a little different where it was just the car so it wasn't worth the hassle. but definitely find out about his insurance asap.


do you have a copy of the police report? is the cab mentioned in there? are there any local businesses who might have security cameras that may have caught that on tape, or were there any witnesses that stopped to give a statement? probably long shots but it might be worth finding out. the cab should DEFINITELY be cited.

as for the rental, the only thing i can think of is either talk to enterprise and explain your situation, and see if they might waive the deposit (doubtful) or if they'll take something as colateral? or talk to the other guy's insurance and get them to put down the deposit. are you positive that they even will require a deposit from you, since the other insurance company should be paying for the rental?

i'm not sure if you are aware of how the insurance liability works, but if he has the state minimum coverage, they're only entitled to pay you $15k for damages to your car, and $15k for injuries/ lost wages etc. obviously you aren't planning on getting $15k for the car, so that part should be fine. but depending on your medical bills and lost wages (and i've seen plenty of claims where "pain and suffering" includes a random amount paid for psychological damage - basically the claimant (you) is paid for the stress it caused) you might have to see about taking him to court.

definitely definitely definitely put in a claim with the other person's insurance asap, i wouldn't even bother putting one in with your insurance company, since all they'll pay for you is medical. i imagine your medical limits are probably minimum, which is usually around $2500 which gets you not a whole lot. let the other insurance company do their job.

 

You should be able to add in the cost of legal fees into your settlement. This is why lawyers always go for the most money they can get out of the defendant. The more money you get in your settlement, the more money your lawyer gets.

 

but the car was worth 2600. i mean honestly... i'm not dead, i can walk and breathe... i'm in pain but, it's wiplash... i think it's a frivolous lawsuit but at the same time i want my car. I dont have this huge amount of money to plunk down for a deposit for a rental. i dont even have a major credit card and i know most places want one. I dont want to have to deal with this ****. I should just have them bill his insurance company and i should be able to... none of this "reimbursement" BS because I DON'T have the money and I DIDNT cause the accident!

that's what worries me the most.

 

Chevy girl... if i could talk to his insurance comapny (Accident happened friday) I would. I have no info. They hauled me off in an ambulance and the cop has all the information. And the copshop is closed until monday. (WTF??) I can't get the report until then. I can't even talk to the officer who was onscene until monday. I mean what gives?

I want my car. my two days of wages. And what I do want, is a non lowballed estimate. That car is worth 2600 and I want 2600. Not 1000, not 800. And I also read that even if I don't accept the settlement given if it's too low, the minute they offer is the minute they stop covering my rental car.

AND! They towed my car to a yard. They're paying for THAT too! AND the storage fees! at least they better.

 

Moon I try to advoid that area its crazy down there! I never seen your car im like 30 miles south of Pittsburgh in the Mon Valley. No crazy taxi drivers here....just a ton of old people who dont look where they are driving.