They rung my bell this time...

...I got rear ended by a lifted Hummer...The guy said he fell asleep in traffic with his foot on the gas and woke up after he hit me...

..I didn't have my camera as I was running 1 cabinet out to Riverside at 2 in the afternoon...At 2:30 while stuck at a sigalert on the 91 @ Kraemer, the Hummer hit me but good...No warning and I didn't see it coming...

...The dash popped out, but everything else was secured...I just removed my floor jack and tall jack stands so I could haul this cabinet....I was wise enough to stow all the rig bags behind the front seat...

...I went to the doctor last night as the back of my head hit the seat so hard, it actually compressed the padding and hit the metal in the seat...This left a knot and an indentation of the seat frame below the knot...

...Initial look of the two vehicles showed the light tabs of his brush guard hit the top of my bumper and bent it...My receiver had the clevis holder in it, minus the clevis, and this pierced thru his front license plate...So, his brush guard was bent, my bumper was bent, and he had a hole in his license plate...

...My first thoughts was some buddy hit him but no one did...When I got out to look the first words out of my mouth when I saw the damage was," you hit me a lot harder than it looks...Are you ok??"...

..This morning I started the X to go pick up my prescriptions and it had a definite vibration...I went and picked up the prescriptions, Then headed over to a tranny shop where they charged me $80 bucks...They took it for a test drive and were able to feel the vibration...It was while you are in gear with the foot on the brake..If you gave it gas it was noticeable...:scratch:..Probably the tranny mount...

..They put it up on their rack and started looking it all over...We found out that his bumper hit my hitch hard enough to partially collapse the drivers side of the hitch mount...Their is a good 2" from the pass side hitch mount to the frame and on the drivers side, it buckled over to the frame...The rear axle seems to have shifted on the drivers side...They sent me over to a collision shop to get an estimate...The estimate was minus a lot as they will not put it on a rack until his insurance, or I, pay for it..

..Stats so far..

Me.. A little dazed....bump and swelling on the back of the head and a stiff neck..

Project X...
Bent bumper
Bent hitch
Tach not working as dash popped out at impact
Rear end out of alignment
Pulls to the left bad...RA seem to of held...:biggthump
Vibration at tranny

The tranny shop will send me pics tonight I hope and I will post them...He contacted his Insurance this a.m. after calling me to see if we could settle with out them...They are now waiting for his formal statement and said it looks like it's a cut and dry case...Hopefully, all I want is to make sure the Project X and I are fixed back to normal...

...2 good things though...I was going to take my Ranger and it would have been totaled...And, her highness was asleep in her bed so she was not hurt a bit in this accident...

 

[Shen2187]

Hey man, sorry to hear about all of this. It's absolutely ridiculous how lax insurance companies are. Especially in a case like your's where there IS personal injury... Just isn't right.

 

[RockRanger]

How you doing with all this?

 

[Tbars4]

...I've been waiting to update this as I get more info...If it is TMI, let me know...

...On my injury:

..My blood pressure is still a concern as it keeps going high but they say it is due to the head trauma...I started physical therapy about a week ago and I go 3 times a week now...On the first day they checked range of motion...Up till this time my head, neck and shoulders, were just dull on pain and stiff since the day of the accident...

..During the range of motion check the Doctor turned my head to the right and tilted it straight back...That must have been how I was on one of the hits to the seat as that lit me right up....It must have released pressure on some nerves as I finally felt pain...On the drive home from that visit and about 20 min. after the neck check, I felt like I was just in the accident but this time with pain...

...I am getting better but still stiff in the head, neck, and back, with minimum pain unless I do this or that...The same Doctor yesterday, (out of the clear blue) say's, " I tend to a lot of accident victims and I must say, you really got racked in your accident"

..My head injury:

...It has been 1 month since the accident and I am better...The lump on the back of my head is just now starting to loose it's swelling, but the indentation below it is still there...The Doctor also told me yesterday that they are looking into getting me to a "Specialist" ...This is for the lack of train of thought, dizziness, and memory problems...I can now better, carry on a conversation (more than 4-5 words in a sentence) and I seem almost normal in that sense...

...I am just having troubles concentrating, or remembering what task I am doing...An example: this morning in the shower I forgot if I had washed my hair, used the soap, or how long I had even been in the shower......Another example: I will call one person while trying to call someone else...When they answer, I totally forget why I called or who I was calling and what for...It is not a constant thing but it is uncontrollably persistent..And yes, I am still safe so you don't have to put a helmet on me, yet...:

..I wanted to make the CCR again this year but truthfully, I don't think I could manage the long drive there let alone my head and neck being jarred going offroad...I can drive for a couple hours but am totally drained after doing so and I stiffen all up...

..As for the Insurance Company:

..I still haven't figured out if they are as stupid as I think or they are just playing hardball from the beginning..:scratch:..The held of the Dept. took over my case last Friday and gave me a call, like the case is over...He honestly asked me, "Say we offer you $500 for your medical since we show you have only $338 in vehicle damage?"...I guess hat sums that part up..

..As for the Attorney's:

...It is in mutual consensus that I take the owner to small claims court on the vehicle damage leaving me to get that case together, but the Attorneys want the personal injury claim...The hard part now is waiting on bills if they will come to me...The Doctors and hospital all seem to outsource billing and no one knows who has what...They are all suppose to be sending their billing to the Insurance company so it will take a while to sort that part out...

 

[techieman33]

Oh man it sucks to hear this is still on going. It's kind of scary how hurt you got from a simple collision, and yet all 3 people in mine walked away after the rollover. I guess it just goes to show that the damage to the vehicle has nothing to do with relation to the injuries of the people inside of them.

 

[Tbars4]

..techieman33, Your comment is so true...

...I have experienced a lot of incidents in my life but never had been hit like this...I will never take for granted a head injury again...All it takes is the right impact, in the right spot, and you can be changed in an instant...

..Hopefully, this is as the Doctors say, a temporary side effect of the concussion...I hope my post doesn't sound like it is worse than it is, but again, it is just whats up with me...

 

[techieman33]

Well no head injury is a laughing matter, especially with memory loss problems attached. Hopefully it is just temporary like the doctors think.

 

[Burns]

I really hate to say this again but prepair for the worst. They will try to get to you and try to get you to say forget about it.....


I know when I was dealing with mine I had 2 lawyers say to my face that I was lying the whole 4 hours we were in a room doing the degroritories (SP). They will mess with you mentally if they have the chance to. They will attack everything they think will make you crack. For me it was my reputation however at any time you have the right to take a break. So just get ready. I see yours going this way.

 

[Tbars4]

...I actually seen it coming when they would not accept my repair estimates but their guy said they will get me a new hitch and I can throw it on myself... that was the start...Second, was when it went into the shop to get fixed and they were to verify what there guy wrote so the additional work could get done and he denied it...That was also when the check for parts came in...

...At this moment nothing has been fixed and I will not deposit or cash that check...I am tempted however to mail the check, my estimates, and letter to their division head...I was informed that that would not make a difference...

...I also want to let the guy know whats up as he seemed like a guy who would be as bent as I would if I paid insurance for all these years, hit some one that was my fault, and my Insurance Co. pulled this kind of stuff on them......I was informed that would be harassment...

..I do think he will get in touch with me when I get the paperwork together for small claims though...

...Again, I must again express that all I want is myself and my X fixed..

....I think if the Lawyers and the Court get a hold of this, they may be paying a lot more...I am not naive enough not to know what this could add up to in the long run..I just don't believe in Lawyers or Insurance Co.'s making a profit from someone else's misery, but....I am going to go thru the paces but I am definitely not going to kiss butt or jump thru any more hoops...Again, this is B.S. at it's finest but, you never know until it happens to you...

...I am going to take my time and work this out...

 

[03 Explorer XLT]

This just sucks. I can't believe how insurance companies can screw people over like this.

 

[Willard]

Best of luck through this stuff TBars.

I got lucky a few months ago, I was in the back seat of a car that got t-boned one day. I got a concussion, and had some internal bleeding. All the bills were sent to their insurance company and they paid them all no problem. They were very good about calling me to check up on things. All the horror stories I hear like this about insurance companies, I got the luck of the draw.

My concussion wasn't nearly as bad as yours though. I was just dazed for a day or so after and ended up fine. Good luck with everything, I wouldn't wish a situation like this on anybody. Hang in there and keep fighting, hopefully everything works out for you.

 

[Tbars4]

...03 explorer xlt, In all fairness, I am sure this in part is due to all those whom milk the Insurance Companies...

...I was lucky enough not to have any bleeding or fractures when they did the Cat scan...That I've been told is also going to be used against me...I am just doing what the Doctors suggest and they have been right on the money when it comes to there job on me...I am very happy with what treatment I have gotten so far...

..I am really not to excited as to what the Specialist might have in store for me..:shifty_ey

...Thanks Willard...

 

[techieman33]

This just sucks. I can't believe how insurance companies can screw people over like this.

Insurance is big business they're in it to make money. So if they think they can get away with paying someone less money they'll do it.

 

[Spartan]

WOW.

I can't believe this. There has got to be a Lawyer out ther who will take this and run.

I was in an accident in April (here in Wisconsin) I had a young woman in an S10 Blazer pull out from a flashing red light (I had a flashing yellow) while I was just about to enter the intersection.....going down hill...... in the rain. She does the typical OH **** stop in the MIDDLE of the intersection ( she must have heard me lock the tires up ) and BOOM I run into her drivers side front tire at about 25MPH. The car I was driving is my BABY.... an all black 1988 Ford Thunderbird Turbo Coupe with 80K on the clock. I had just actually got it out of storage that night and was driving home.

The police report placed blame squarely on her, and she was hit with a failure to yeild the right-of-way ticket and an "improper left turn into traffic" ticket.

My car had a cracked bumper reinforcement, busted header panel, a slight nick on the edge of the hood, and the fenders were bowed a bit. After 5 different estimates ( accident happened on a Sunday evening, estimates were all done on Monday) the damage was between 3000 (low) to 5300 (high)

Not to mention that there were lots of parts that are nigh impossible to find. Because of this, I stipulated that the girl's insurance Co. cut ME the check, not the body shop.

I got 4125 ( the price of the middle estimate). The check made it to me LESS THAN A WEEK AFTER THE ACCIDENT.

I had some neck problems, and went to the doctors office and physical therapy. My medical bills are completely paid for (about 1200 dollars) and the insurance company just settled with me for an additional 1000 in pain and suffering.

Your injuries were a HELL of a lot more serious than mine, and the damage to the vehicle sounds bad too. Offering you a bit over 300 is complete BULLSHIT. If lawyers are telling you to go to small claims and take on the insured party, they aren't doing their job. The insurance company has treated you like ****, and I would take them for all they are worth. If he has insurance, there is NO reason why you should need to take him to small claims. And for that matter, the insurance Co. telling you that they are "sending you a check" is straight up bullshit. NEVER cash it or do anything with it other than send it back to them through a lawyer.


They are trying to get out of paying a substantial claim here....not only for your X but also for the medical bills. I'd say they owe you a lot of money, considering the crap they have put you through... and lets not forget that if their client had not been negligent, you would still have a non-scrabled brain, and a sweet ass explorer.

 

[Joe Dirt]

Jeez-

This is the first time I read this thread, and I think I'm as upset as a non-involved onlooker could be. That's the frustrating thing about insurance- you pay and pay and pay for years, and when you need it, they lowball or deny you. Thankfully, the only time I had to use my car insurance when I was hit (Michigan No-Fault) Liberty Mutual took care of it great. But, it was only the second year I had their policy, maybe that's why they did it, to keep me on the hook with them.

I would definitely retain a lawyer for the injuries, you will probably have side effects for a long time, if not forever- by no fault of your own. They need to pay for that 100%. I guess you really are in good hands with Allstate.

 

[Currency]

*Looks for updates*

I was checking into TXJ's companies for a college assignment I am working on and ran into this. It kinda stared at me for a sec and I said, "Wait a minute, TBars is dealing with allstate." I know your in cali and things may be done differently there compared to Kentucky but it is about allstate.

http://phoenix.injuryboard.com/misc...lawsuit-against-allstate.aspx?googleid=225970

Here is a teaser from that article.

"Jury to Begin Deliberations in Unfair Settlement Practices Lawsuit Against Allstate" <<<< This is from 2007.

Hope this helps out, and for everyone out there I would not recommend allstate.

 

[Tbars4]

...Thanks for this...:biggthump

...I recently received info on a current Allstate class action suit that is similar...I am hoping others who run across current info will also post up and post links...This is going to be a struggle as they are playing hardball and denying everything...