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post #1 of 12 Old Mar 9th, 2006, 6:42 pm Thread Starter
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Rear ended my truck

Hey all, I am doing pretty good but my lower neck/upper back (middle) are sore. I was coming home from work and stopped to make left turn into my neighborhood and I looked in rear view mirror and saw a Grand Cherokee coming about 45-50 mph and he is not slowing down. It was raining and he might have hit his brakes 20 feet behind me. Bam. my head went back and hit the rear window. 18 year old kid. The boy was alright and seemed like a nice kid. What was he doing, I don't know but can guess. Anyway he admitted fault, not paying attention. So now it is 3 days later and my neck hurts more. Had xrays and went to doctor. anti inflammatory and pain meds. Ok I am stressing out because I am hoping my neck is going to be ok.
Looks like they may total truck and I am sure they will give me less than replacement. So waiting for 10 days let imflammation to go down, get off meds and see how neck is doing.
I am thinking just fix my truck and let my neck be better. But my question is should I get an attorney? It was an accident! What should I be asking for?

Marc Pillis- MSF Rider Coach
Union, Kentucky
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post #2 of 12 Old Mar 9th, 2006, 6:52 pm
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Sorry to hear about the mishap/accident.

For beginners, do not sign or agree to anything with your insurance comapny until you are absolutely sure that you don't have lingering damage to your neck etc.

Getting an attorney may be an option depending on how your and his insurance company take care of your case. Careful what you say to the insurance companies.

Ask for your truck to be fixed, pain and suffering and for lack of consort Ok last one is a joke but you never know.

Heal quickly and hope you won't have to get to resort to hiring an attorney.



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post #3 of 12 Old Mar 9th, 2006, 6:53 pm
 
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Unhappy Rear ended my truck

First off - glad to hear you are not seriously injured - Good job you were in the truck & not on the bike!!
I Hate to say this - but get an attorney.
In my experience it is not about now or the immediate future - it's about your long-term health. Many people up here (Canada) settle claims like this early for relatively small amounts of money and then suffer in the long term.
Get an attorney & register the potential claim with the insurance company. Don't settle the claim just wait (1-2 years) and monitor your health. If your like me at the end of that time if your ok and there are no issues I would not pursue the claim. However the insurance company will want to settle the claim anyway , just to clear themselves of future liability.
Your call I guess but "protect yourself"
Mike
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post #4 of 12 Old Mar 9th, 2006, 11:17 pm
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Sounds like you have whiplash. If Kentucky is a "no-fault" state then the following may not apply.

Find a good personal injury attorney. He should be able to recommend a doctor who treats soft-tissue damage. You should be getting deep massages at least 3 times per week (by a therapist) for your soft-tissue damage, if your're not already doing so. These treatments can last several months or more depending upon the severity of your injuries.

Going forward, don't say "you saw him coming" anymore. You saw nothing. You were stopped, waiting to make the left, and you were struck. If you saw him coming, it can be turned around on you that you should have done something to get out of the way.

It used to be that you could expect to receive approximately 5 - 8 times your medical expenses, in addition to the damages to your personal property, but your attorney will tell you what you can expect. Hopefully, the attorney will take the case on contingency, and you'll pay him 30% - 40% of what you recover.

Hope this helps - and hope you get back to "normal" as soon as possible!

Ted

Camarillo, CA
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post #5 of 12 Old Mar 10th, 2006, 12:37 am
 
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Time to "Lawyer Up!"

Bummer. Heal well!
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post #6 of 12 Old Mar 10th, 2006, 9:35 am
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I had the same thing happen to me in 1994. As of today My Neck Will Never Be The Same... The little bit of cash I got at the time couldtn't approach paying for the suffering I have done.. After the therapy talked about in previous posts. If was Ok for a few years and it seemed I was going to be fine. About 6 years later I really started having trouble with it and suffered for almost a year before one day I'd just had enough and went and found another doctor. I was almost in tears at that time.

If your really injured in any way You'll probably never be right again.. Keep this in mind when you settle your claim. The insurance companies want to settle and will give you maybe 35-40 grand. Of which you'll get to keep 22-25 grand of. The Lawyer you'll have to have to get the money will get the other third...The Lawyer's not the one who is hurt and wants to get the money, That's all he's interested in...Unless you really hire a "good" lawyer who will not take the case on contingincy.

Remember, this will come back on you with a vengence some day.....I told you so...

Good Luck...

John

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post #7 of 12 Old Mar 10th, 2006, 11:00 am
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Sorry to hear about the accident. Had a similar thing happen to me about 10 years ago only it was head on for me. In NY, where I live, it is very difficult to get anything for "soft tissue injuries" which is what whiplash is considered.

I still get pains in my neck and numbness down my arm at times.

At least speak to a good personal injury attorney. Most of the time the consults are free. Good luck!
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post #8 of 12 Old Mar 10th, 2006, 11:37 am Thread Starter
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Thanks to all

I am contacting an attorney or several actually but will have to see what happens. I just hope I am alright. My wife and I are supposed to ride to Montana in June

Marc Pillis- MSF Rider Coach
Union, Kentucky
2005 LT
2004 R1150GS Adventure
2013 DR650
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post #9 of 12 Old Mar 10th, 2006, 1:01 pm
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Quote:
Originally Posted by Ted
Going forward, don't say "you saw him coming" anymore. You saw nothing. You were stopped, waiting to make the left, and you were struck. If you saw him coming, it can be turned around on you that you should have done something to get out of the way.
When you go forward, tell the truth. If you looked in your mirror and saw the vehicle coming, then you saw it coming. If you try to leave out facts, they will come out sooner or later. When it does, you will look like someone just suing for the money. You will lose credibility.

My patrol car was rearended at 70 mph. I was stopped behind a stalled vehicle. I've had back problems ever since. The first the you want to do is file a lawsuit. Doesn't mean you are going to sue. But in most states, if you don't file the suit within a year, you will not be able to sue (if needed). Once you file, don't settle for awhile. See if you wind up with permanent injuries. Then make the decision accordingly.

Good Luck!

Mike
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post #10 of 12 Old Mar 11th, 2006, 5:17 pm
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Quote:
Originally Posted by mikerd400
When you go forward, tell the truth. If you looked in your mirror and saw the vehicle coming, then you saw it coming. If you try to leave out facts, they will come out sooner or later. When it does, you will look like someone just suing for the money. You will lose credibility.
Not to split hairs here - but in personal injury cases - people sue for money, and they sue to win.

I guarantee you that if Marc gets an attorney - his attorney will never ask Marc in court if he saw the other vehicle coming. The defense attorney will, though, and if Marc answers yes, then watch what happens next.

I never said Marc should lie, and obviously if there is a police report stating that Marc saw the vehicle approaching, or if Marc made statements to others, then, IF ASKED, Marc should answer truthfully, but I do not believe that this is information that should be volunteered.

Bottom line - in a case like Marc's - stating that you saw the other vehicle coming can only weaken your case.

Ted

Camarillo, CA
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2007 R1200S - Black - Sold
2003 K1200LTC - Silver - Sold
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post #11 of 12 Old Mar 11th, 2006, 7:08 pm
 
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marc ... i hope you recover fully and quickly.
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post #12 of 12 Old Mar 11th, 2006, 7:14 pm Thread Starter
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Thanks

I sem to be doing ok so far but can't really tell because of the pain pills and muscle relaxers. But I did get the estimate on my 99 ZDodge Ram 1500. How about $6350 and it has a bent frame. Did not total it. Kinda sucks but got it in a good body shop and I do like my truck. I know the guys who run the shop and feel comfortable with them.
Thanks for all concerns.

Marc Pillis- MSF Rider Coach
Union, Kentucky
2005 LT
2004 R1150GS Adventure
2013 DR650
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