Accident aftermath

miami85 ↓

Mon, Nov 11 2024, 2:03 pm

Not sure where to put this. I'm completely new to this topic. I asked my husband to "handle it" but I figure it can't hurt to crowd source.

My son was injured by an out of control car in a pedestrian accident. We do not live in the NY area.

We have contacted a lawyer but B"H there are no long-term injuries, just banged up and bruised. The main casualty is the scooter and helmet he was on which were both brand new.

I know that in a motor-accident the first thing you do is file a claim with your car insurance. My son was on an electric scooter and the other driver was 100% at fault (lost control before hitting my son).

What should I be doing in the meantime?

amother

Firethorn

Mon, Nov 11 2024, 2:25 pm

Molly Weasley wrote:

First and foremost, make sure you have a police report.

this. if you have a lawyer they’ll need a copy of the police report. if you don’t have a lawyer you can file the claim yourself. hopefully the driver had insurance (and hopefully it wasn’t a hit and run) so that the insurance info will be on the police report

↑ miami85 ↓

Mon, Nov 11 2024, 2:30 pm

Molly Weasley wrote:

First and foremost, make sure you have a police report.

Yes police report was filed, we are awaiting the copy. The other driver was taken into medical custody. We have witnesses.

Our state does not have age limit laws and he was in the bike lane, wearing a helmet.

↑ miami85 ↓

Wed, Nov 13 2024, 2:27 pm

So we are now in the waiting phase for insurances and bills to play out. Seeing the police report it became evident that this person should NOT have been driving.

So 2 questions I have is 1)B"H, B"H my son has minimal injuries, nothing that will require surgery or long-term care, and right now no PTSD as we can tell. What kind of financial compensation does that "earn"? More than just the basic bills?

2)How do we find out if there will be charges pressed on this person? I mean this person could've caused a LOT more damage than she did. It's mamash a miracle that my son isn't more hurt than he is.

balance

Wed, Nov 13 2024, 4:16 pm

miami85 wrote:

1 is a question for an accident lawyer in your state.
2 - there's not much you can do. If there was no damage, there are not many charges you can press. You can probably work towards having her license taken away. This would be a question for a lawyer as well.

amother

NeonOrange ↓

Wed, Nov 13 2024, 7:46 pm

I will just chime in that I have a family member who was in a car accident that at the time presented minimal injuries. Within a few months their health deteriorated extremely and it turned out there were major neurological issues that were caused by the accident. It’s been almost 20 years and they still need constant medical care and hospitalizations, and can’t live a normal life

You never know. Speak to a competent lawyer, who will go for the max amount. Make sure he has a FULL checkup by a doctor. BH he’s okay but you need to make sure

There are different forms of damage, emotional is one of them and even if he doesn’t show signs of PTSD or trauma now- he likely will. He’s probably still in shock. I hope you get him to a therapist asap

Also I’d like to point out that any money awarded in a lawsuit is for him, not you

amother

Aquamarine

Wed, Nov 13 2024, 7:47 pm

Don't settle for anything with insurance until you speak to an accident injury lawyer. Most don't take any money from you, they only get a percentage of the settlement. Call and get info about you options. He can end up with PTSD, back pain a few weeks later.
I was in a car accident with my son (teenage, reckless driver hit us) and he had no pain but went to a back and neck specialist to be checked out. Insurance offered me $400 for him and I said no. once I took a lawyer for myself (back pain, trauma) Insurance ended up of offering me $2500 for his "traumatic experience"- without any documented records.
Lawyers will tell you to wait and not settle with insurance since once you settle you loose your rights to sue. Many times the pain only surfaces later

amother

Salmon

Wed, Nov 13 2024, 9:08 pm

amother Aquamarine wrote:

Yea bh none of us were hurt in an accident asides for bruising and insurance ended up offering us 6k for pain and suffering for both adults and for some reason the kids got none cuz they would only be able to get with proof of pain and suffering and with going before a judge or something.

amother

Navyblue

Thu, Nov 14 2024, 7:29 am

I was hit by a car as a pedestrian, I thought I was basically fine but a year later I still have bad back pain.
Kids usually can bounce right back though bh
Your lawyer might encourage you to take it to trial , but settling out of court will often be better for you in the long run.

↑ miami85 ↓

Tue, Nov 19 2024, 6:34 pm

amother Banana wrote:

Why should you collect damages if there was no damages? You sue if you suffered damage, not because you think the person is reckless and should get off the stret

Well she destroyed my son's brand new scooter, totaled at least 1 car, possibly 2 (not our cars) and sent my son to the hospital triggering a whole set of x-rays and a ct scan. So definitely not "no damage" And we are very lucky that he was ok.

I don't mind settling out of court, but I would find it strange that she wouldn't be subjected to some kind of charges for reckless endangerment and damages if she was driving knowing she was prone to seizures.

↑ miami85

Yesterday at 1:52 am

So I'm a little confused, we opened the claim with the other party's insurance, consulted a lawyer whom came recommended by someone else we know who was hit by a car recently. He said he would contact us "if we have a case" which so far not. It's it strange that the other person/lawyer has not reached out to us to see if my son is ok? To discuss settlement? To apologize? To explain what happened? I know she survived the accident because the police report has her response to the accident and I know she was "unconscious" when the medics arrived.

amother

↑ NeonOrange ↓

Yesterday at 7:59 am

miami85 wrote:

No, it’s not strange because in any sort of litigious situation she will be advised to stay as far away from you as possible. On top of that, if you have not filed charges, she would have no way to even contact you. She doesn’t know who your lawyer is just because you reached out to one..

It’s possible your lawyer is waiting for her to settle her other legal issues (like any charges she may be facing) because it will be easier to sue in that scenario. She will already have been found guilty or have a DUI processed if that was the case, for example. And it won’t be her who settles or deals with the case at all; it will be a lawyer and her auto insurance company. You most likely will have zero contact throughout the whole interaction

amother

Lawngreen

Yesterday at 8:20 am

miami85 wrote:

So unfortunately, her insurance probably has a limit that will go to the cars before your scooter. You might be able to sue her beyond that if she has money, or file through your insurance