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Traffic accident (other person at fault)

Discussion in 'BBS Hangout' started by ROXTXIA, Mar 12, 2014.

  1. ROXTXIA

    ROXTXIA Contributing Member

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    Anyone here ever been in a traffic accident where you walk away from the wreck thinking, "We're lucky; how am I not hurt worse than this?"

    A couple weeks ago I was northbound on W. Beltway 8, adjacent to Arthur Storey Park. My wife was passenger. The car used to be a 2007 Toyota Corolla. Now it's 2014 Chop Shop.

    We're in the right lane. A red pickup in the lane to the left of us weaves a bit and then JUMPS directly in front of me, almost like a sudden "there's my exit!" maneuver. I hit the brakes and swerved; otherwise I would have plowed into her. But we swung right and hit the impact barrels that (thankfully) guard the Bellaire / Harwin / etc. exit. We wound up in the exit ramp, car on the driver's side, facing the wrong way in traffic.

    Fracture in my left arm and my wife with bruises which are all healing, which is really a miracle if you saw the accident or the car.

    Seems like the other driver's insurance will reimburse for things like medical and perhaps lost wages (one week), but has anyone here ever taken someone to court over this sort of thing?

    I'm not trying to be greedy but how do you put a price on this, including all the inconveniences that go with it? How much time have I spent on the phone with Geico, with the other insurance, with my boss, with medical, and chasing after paperwork, and renting a car, and this that and the other thing.

    I cannot forget (nor forgive the other driver, who, yes, did stop, but there were a lot of good samaritan witnesses) the sound of my wife screaming "meu Deus, meu Deus!" or crying afterward; she was worried for me because I had a medical condition that left osteopenic (thin) bones (and yet only a minor fracture: thank you, God, thank you, God). And now I can barely drive from Point A to Point B (different car) without her nearly hyperventilating.

    Btw, we have a witness who saw everything I described. PLUS, the other driver was on her cell phone.

    Scary s***. I thought Houston drivers sucked BEFORE one of them nearly kills me and my wife.
     
  2. SwoLy-D

    SwoLy-D Contributing Member

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    I sort of feel bad that all this happened to you, but... what is your question, exactly? Is it the "putting a price on something" part? There isn't a certain way. Get all the repairs and hospital bills paid. Maybe evaluate lost wages, etc. :eek:
    Don't generalize, man. We're not all the same people you meet. :cool:

    hope all is well soon
     
  3. HR Dept

    HR Dept Contributing Member

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    Glad to hear that you and your wife are ok. You can speak with a lawyer for advice, and I'm sure that they'd gladly take your case. Good chance that it wouldn't even got to court and the other insurance company tries to settle.
     
  4. edwardc

    edwardc Member

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    Glad you and your wife are ok.
     
  5. body slam

    body slam Member

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    I would say you get nothing if the other car did not hit you.
     
  6. Dgn1

    Dgn1 Member

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    Get a lawyer, I am finally back to work after 3 and a half months off. Head on collision with a DRUNK DRIVER on the wrong side of freeway. Absolutely horrible experience, their should be at least 30k of accidental coverage on his insurance that can help cover your medical bills and other losses.
     
  7. Eric Riley

    Eric Riley Contributing Member

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    Nothing - and I mean nothing - frustrates me more about Houston than its ubiquity of crapass, idiotic, and ill-mannered drivers. Change four lanes at the last minute for my exit? Sure. No signal but cut you off and then drive slow? Sure. Cutting you off at the last minute for the ramp to another freeway instead of waiting in line like everybody else? You bet.

    I got t-boned after an idiot on her phone ran a red light and totaled my car. No witnesses, no proof, so it was my word against hers. Since then I've purchased one of these (http://www.ebay.com/itm/HD-720P-Dua...118?pt=LH_DefaultDomain_0&hash=item33819dafce) just like the people in Russia. Now I'm set if anything should happen in the future.

    Oh, btw, O - get a lawyer.
     
  8. Kim

    Kim Contributing Member

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    The insurance should pay for your car, your rental car, you medical bills, and your lost wages. If you have a pain and suffering claim, that's when you should talk to a lawyer.
     
  9. SwoLy-D

    SwoLy-D Contributing Member

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    The other car broke one of the major "right-of-way" rules and and also part of driving laws in the State of Texas. Pay the lady at the door, please. :eek:
     
  10. ROXTXIA

    ROXTXIA Contributing Member

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    Define "pain and suffering".

    "Pain"? Could have been worse.

    "Suffering"? Not for that other driver, I'm sure. Back on her cell phone while driving, probably after giving her info: "Can I go now, officer? Thank you." (dials 7-1-3-D-I-P-S-*-*-T with long red fingernails extended so they don't chip on the phone) "Yeah, girl, guess what? Nearly got in a car accident. MY fault? Well, don't tell no one----hold on, gonna miss my exit...."
     
  11. HR Dept

    HR Dept Contributing Member

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    That's what the lawyer's for.
     
  12. Dgn1

    Dgn1 Member

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    In all seriousness lawyer up, don't talk about what happened or how your feeling until after everything is settled, even with us members. Just leave it at that and revisit thread after your situation is done.
     
  13. REEKO_HTOWN

    REEKO_HTOWN I'm Rich Biiiiaaatch!

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    Nice try Lawyer.
     
  14. Dgn1

    Dgn1 Member

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    Ha lawyer my ass, the only bar I can pass is made of chocolate. I know what he's going through, that's all.
     
  15. white lightning

    white lightning Contributing Member

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    If you had a broken arm you will get paid for pain. See a lawyer.
     
  16. Johndoe804

    Johndoe804 Member

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    Call Jim Adler. That's what he's spending all of those money on commercials for anyway.
     
  17. tmacfor35

    tmacfor35 Contributing Member

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    Prepare for the worse.

    Sometimes you are better off letting people hit you.


    If she didn't actually touch your car you might not get anything out of this.

    *Don't hate, I have been through this before.
     
  18. tmacfor35

    tmacfor35 Contributing Member

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    Be glad that you don't live in SA. I have lived in both Houston and San Antonio for large amounts of time and I can promise you that SA is 10x worse.
     
  19. cdeezballz

    cdeezballz Member

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    I remember being taught the right lane on the freeway was considered the "deceleration lane", and would always have to yield to traffic from the left lanes; since traffic in the "deceleration lane" would be moving slower, due to merging/exiting vehicles.
     
  20. ROXTXIA

    ROXTXIA Contributing Member

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    Just to add on.

    So we're in our new car (which is half-paid for, thanks to the value of the destroyed car).

    On our way to take care of paperwork concerning the old car...

    On Chimney Rock near Richmond. Light turns green. Kid in a Corolla in the next lane simply drifts toward the little space between our car and the one in front of me. If I hadn't slammed my foot on the brake and swerved---and if there hadn't been that left-turn lane to my left, with no car in it---there would've been an accident. Albeit without injuries, but heck of a way to inaugurate my new car.

    Kid was wearing a hoodie that acted as blinders. He didn't even turn his head the whole time.

    I swear, my wife doesn't even want to leave the house these days.

    Okay, carry on. Go Rockets! Beat the Bulls!
     

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