Car accident protocol

[civiclvr]

Hi all,

So I'm not sure where this goes, so feel free to move it if necessary mods. I hope this can be used as a resource for others to see what the steps should be after an accident.

Basic story:
Was rear ended and am not at fault. Driver admitted fault and not watching the road. Charged with undue care at the scene

Car is a complete loss. It opened like a banana.

my passenger - taken via ambulance to hospital for xrays and to be checked - prescribed pain medicine, muscle relaxers and physio. Doctor orders her a week off work. She's very sore, has loss of strength in her left side, and some numbness/headaches

Me - In shock at scene, lost my ability to spell (really wierd) no pain until later, went to hospital the next day and given T-3's and told the pain I was feeling was normal to the type of accident I was in. I took monday off work and am on reduced hours now (my work chair is more comfy than my couch - lying down bothers me). My neck and shoulder hurt, can't turn my head to the right very far. and my stomach is killing me (the seat backs on the car let go and we flattened out fast)

What I have done:

Filled out police report

Called my insurance - I have PLPD. They have contacted me and given me a claim number and they have sent a request through to the other insurance

Made a physio appointment to be assessed

Do not have a personal doctor - impossible to find in Calgary. Have been on the waitlist for several months.

waiting on other insurance to contact me - a rental is out of the question right now as i can't make shoulder checks.

So my question to you guys is this: This is my first accident and I'm not sure what to do next. Help? advice? should I get a lawyer?

[G]

Contact a personal injury lawyer that works on contingency. They will direct you to a doctor they usually work with and the doctor will direct you to a chiropractor and physio therapist.

Whatever you do don't settle or sign anything with their insurance company until you know you are completely well.

[jmintz]

Originally posted by civiclvr
Me - In shock at scene, lost my ability to spell (really wierd)


No pun intended?? :rofl:

But in all seriousness, hope you and your friend get better

[FraserB]

Like others said, get a lawyer. After this your insurance is not obligated to help you fight the other party's insurance company since you only carry PLPD.

Hope you get better soon.

[civiclvr]

Originally posted by jmintz


No pun intended?? :rofl:

But in all seriousness, hope you and your friend get better

Oops! ok, that was an accident and in no way a continuation of Saturday.

Thanks! I really ddn't know what to expect after an accident. I instantly understand peoples complaints now.

[Xtrema]

Originally posted by G
Whatever you do don't settle or sign anything with their insurance company until you know you are completely well.

This.

Lawyer should provide you with good advice and representation since you only have PLPD. But keep track of the following expenses for you and your passenger:

- Medical
- Loss wages
- Transportation (rental, taxi etc)

[ExtraSlow]

Work on getting yourself and your passenger healthy. That's the #1 thing for you right now. Car accidents cause a type of injury that is not well understood by the general public, it's easy to dismiss things like whiplash as "minor" but it can cause serious and long-term problems if it's not taken care of.

I don't think you need a referral to see a physiotherapist or Chiropractor. I reccomend you get this checked out ASAP.

If you do need to see a GP, get yourself to a walk-in clinic some morning, be prepared to wait a long time, and get yourself referred to the specialists that you need.

[TaiChino]

Yes keep track of all records, wage loss (if applicable), etc. You have if I'm not mistaken 1 year to process any sort of injury claim so get healthy and then pursue getting paid. It would be nice to see some compensation for your and your friends injuries. Not for the douchbags who cry whiplash on a 5km rear-end.

[Rusted Bumper]

Most of what is said I agree with, except this: "Contact a personal injury lawyer that works on contingency. They will direct you to a doctor they usually work with and the doctor will direct you to a chiropractor and physio therapist."

I'm all for getting better and being compensated for it, but this is not the way to go unless you are just looking to get rich. There are some real shady arrangements out there and this is part of the reason why insurance rates are what they are.


Originally posted by TaiChino
You have if I'm not mistaken 1 year to process any sort of injury claim so get healthy and then pursue getting paid.

Two years, the lawyer will submit a Statement of Claim at that time if that is the way he wants to go.

[Xtrema]

Don't forget he only has PLPD. He probably doesn't have to know how or time to fight insurance companies.

[civiclvr]

Originally posted by Xtrema
Don't forget he only has PLPD. He probably doesn't have to know how or time to fight insurance companies.

Not quite sure what you mean by this.. just because I only have PLPD doesn't mean I'm poor (if that is what you are trying to suggest). I already said I don't really know the correct steps to take. It's not that I don't have the time or money, it's that I don't know what I should be doing to cover my expenditures and damages. I can't drive and walking to work in this weather is not exactly ideal.

EDIT: you know.. after reading that over several more times, I think you meant to say I need a lawyer because I don't have THE know how.. perhaps i overreacted. Sorry if that's the case.

Double edit: For people thinking this was a simple 5KM/h bump. it was not. I was stopped, he was doing around 60km/h. I'll get some pics of the car eventually.. once I can get down to the impound lot.

[civiclvr]

RIP 1990 Civic.. Oct 17, 1989 - Dec 3, 2011
http://i1091.photobucket.com/albums/i391/finalepiphany/Civic%20Oct%20%201989%20to%20Dec%203%202011/SANY0549.jpg

[FraserB]

If you had more than PLPD, YOUR insurance company would provide legal representation and fight the other company for you. Since you don't, you get to.

I really don't know how you jump from him reminding people you don't have full coverage to him saying you are poor?

[Numi]

Originally posted by Xtrema
Don't forget he only has PLPD. He probably doesn't have to know how or time to fight insurance companies.

What kind of useless comment is that? Your assuming because someone has PLPD that they are incompetent and don't have time to fight an insurance company? He's driving an older civic, who in their right mind would put full coverage on a vehicle worth less than the cash difference from plpd to full coverage. I have PLPD on my vehicle simply because why would i waste over 2-3 grand a year to get full coverage when the amount of money i have saved over the years i have driven from insuring my car under PLPD plan I could replace my vehicle.

[Hakkola]

Originally posted by FraserB

I really don't know how you jump from him reminding people you don't have full coverage to him saying you are poor?:rolleyes:

That's kind of how I read it too, probs isn't the case though.

[alberta_gamer]

Wow... you had that car for 22 years? I'd be so sad and pissed....

[civiclvr]

Originally posted by alberta_gamer
Wow... you had that car for 22 years? I'd be so sad and pissed....

Sorry.. I didn't have it for 22 years.. That's the construction date of the car though. I personally had this car for 7 years and treated it as though it was a person. It got a present on it's birthday each year.

Sad I know.

[Zale28]

I won't advise on insurance or what to do with that, however, for your health, I will STRONGLY advise going to a chiropractor and getting checked out. Whiplash is not only the muscle going into spasm, it's a biomechanical problem in the neck. If you do not get checked, expect constant headaches and problems further down the road even when the pain is gone.

[M.alex]

WTF at suing ... this is Canada, you're going to get dick all from it after years of court battles

[Kohlman]

What I was told by an old accident insurance lawyer is there is a cap on the amount of a claim you can make if your injury is only soft tissue rather then bone. He said to make ure you keep track of every expense including advil, prescriptions everything. My personal health insurance covered the cost of my treatments. What he said is that a good amount for a claim just for your injuries, not expenses, is 1000$ a month that you are receiving treatment. The cap is 4000$ or 4500$ for this claim if it isn't broken bones or anything. he insurance company will also not offer that, you have to tell them that is what you deserve, and they will give it to you. They will make you sign a medical release for to make sure you are going to treatments, and they say they like weekly treatments. I got away with bi-weekly treatments.

Hope that helps, I was at a loss too, I was just 17 at the time in a car that was given to me with no money for a lawyer or anything I just had to do everything myself.

[G-ZUS]

Originally posted by Kohlman
What I was told by an old accident insurance lawyer is there is a cap on the amount of a claim you can make if your injury is only soft tissue rather then bone. He said to make ure you keep track of every expense including advil, prescriptions everything. My personal health insurance covered the cost of my treatments. What he said is that a good amount for a claim just for your injuries, not expenses, is 1000$ a month that you are receiving treatment. The cap is 4000$ or 4500$ for this claim if it isn't broken bones or anything. he insurance company will also not offer that, you have to tell them that is what you deserve, and they will give it to you. They will make you sign a medical release for to make sure you are going to treatments, and they say they like weekly treatments. I got away with bi-weekly treatments.

Hope that helps, I was at a loss too, I was just 17 at the time in a car that was given to me with no money for a lawyer or anything I just had to do everything myself.

Injury lawyers get paid when you get paid by the insurance company. They usually take 30%, someone correct me if I am wrong.



When I got rear-ended 2 years ago, the insurance company offered me the max. $4504 to settle right off the bat. No negotiations were done.