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Old 12-01-2008, 01:05 PM   #1
mogie
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car accident legal advice



Just looking for some help for those who have run into a scenario like this or has had some experience.

Ok I got rear ended on a bright sunny Sunday afternoon. Going south on Yonge St near Elgin Mills area. About 2 PM at the intersection waiting for the light to turn green. I just took my foot off the brake pedal to accel, when I looked into the rear view mirror I see a Ford Ranger going full tilt - then BLAM!
Pieces of my car flying everywhere and well lets just say OUCH. I would geuss she was going about 60 -70kph.

I called the cops - and York region dude shows up assess the damage, he gets myself and the lady who hit us in a pow wow and asks for our stories:

Get her story----- I DOZED OFF.........

The cop did not charge her and told her that he drives long hours and feels sleepy sometimes too.

He then said that we must tow our vehicles to Hillcrest Mall Collision reporting centre. As they will process this as this is what they do. And it takes the work load off them. CAN YOU BELIEVE THAT!!!!!

So we both tow our cars there - CRC is CLOSED!!!!!! Anyways I am totally miffed, so I get the car towed to my shop. And I go back on Monday evning to do a report - the lady who hit me still has not reported her story.

The officers on duty cannot believe the events that have happened and apologized to me and said they will deal with the cop who was on the scene.

Ok - so now after doctor exams and a whole lotta Xrays, and some physio - I am feeling mightly screwed in the lower lumbar and neck area. Numbing in the legs and arms...lets just say I feel like a walking knot

Insurance company has written the car off $11G of damage. Funny I just bought this car not even 2 months......

Any suggestions on how I make sure I get compensated for pain and suffering.

OR better yet refer me to a paralegal or lawyer?

Thanks a bunch.
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Old 12-01-2008, 01:15 PM   #2
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She should be charged for sure!!! As for compensation, just try to milk the insurance as much as possible...
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Old 12-01-2008, 01:29 PM   #3
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Wow, I hope your injury heals quickly. Good luck with the insurance. Make sure you get all your medical info documented for insurance and milk it all you can.
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Old 12-01-2008, 02:03 PM   #4
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thats crazy ! Cant believe the cop who showed up acted like that...
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Old 12-01-2008, 02:54 PM   #5
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She should be charged with careless minimum.
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Old 12-01-2008, 05:59 PM   #6
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I was thinking it would be more than 11Gs. Those GS seemed pricey to me.
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Old 12-01-2008, 06:44 PM   #7
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There will be unforeseen pain. Do not sign any release to close the case unless the future pain and suffering is accounted for.
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Old 12-01-2008, 07:16 PM   #8
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get a lawyer for sure, there is a lot of stuff u are entitled too, and insurance will not give you all that you deserve if you dont have a proper lawyer, have gone through something like this myself in the past, pm me for more info if you want.
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Old 12-01-2008, 07:29 PM   #9
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I just went thru a same type scenerio. 2 days before i was going to get my new lancer gts (2 weeks ago) i was on mavis, going thru the bristol intersection, when an asian lady in the uncommong traffic lane was making a left and edged into my lane and i collided with her head on.

She was charged on the scene with careless driving and all fault was put on her.

I was confronted by the tow truck driver that took care of me and he gave me a number to a automobile attorney and told me to call him up if i had any pain. He explained that this guy would set up sessions with a clinic and then it would all be paid for by the asian ladys insurance and i would also get some compensation ( CASH $$). So thats how it works i assume. You go to a attorney that collects only if he wins, you go to the doctors and rehab and then 6- 10 months down the road you get monies. Still seeing if i am going to pursue that, i have some pain 2

but the collision was good, i got mo monies for my elantra and i got 2 re negotiate a deal with the dealership and i got a better deal on my lancer gts as well.

Hope all turns out well for you, monies $$$ are nice, but health is even nicer...
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Old 12-01-2008, 11:21 PM   #10
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its not easy getting pain and suffering these days,you must pay the lawyer a retainer fee and the court dates takes years.You have to go to the appointed therapy as stated and you must watch your ass in case they hired private investigators to see if your faking it.I do know a friend of friend got t bones badly by a person running a red,she had cracked collarbone,broken wrist and was in the hospital for two months.She went to court and won over $450,000!!.the other party had no choice on the matter,witnesses and medical reports.Settled out of court.Mental injuries and soft tissues injuries the settlement is a lot less,if any........
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Old 12-01-2008, 11:26 PM   #11
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^^^u dont pay personal lawyers anything to retain them. They take a percentage of the settlement at the end of ur case. Which means the harder they work and the more the settlement the more the lawyer gets paid.
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Old 12-01-2008, 11:30 PM   #12
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She hit you from behind..I don't care if you were taking a nap at red light it's her fault. Get a lawyer and make sure to document all injuries.

Many lawyers will do all the work for a percentage of the settlement/award, however, get someone who is trusted or comes with recommendations.

A friend of mine was in similar situation, in USA, and his lawyer accepted (still) undisclosed amount of money from an insurance company but dragged everything until it was too late to get new lawyer. The client got nothing, lawyer got a decent amount of money but still less than it would cost insurance company if the case went to trial.

PS. This lawyer eventually got disbarred after it turned out he did same thing top many of his clients.
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Old 12-02-2008, 12:21 AM   #13
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So sorry to hear about your accident! She is completely at fault....seems like every time someone gets into a car accident, someone rear-ends someone. I hope everything gets sorted out for you.
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Old 12-02-2008, 12:23 AM   #14
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ya dude sue. sue sue sue sue sue sue.
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Old 12-02-2008, 01:59 AM   #15
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tow truck drivers recommending you to places is completely illegal btw lol, either way the whole system is currupt the tow truck drivers get money from the physio places for recommending you to them.

anyway its not as difficult as ppl think getting money from insurance companies as long as you get a lawyer, lawyer does not charge one penny they just take usually 20 percent of the settlement, if you are experiencing pains talk to a lawyer you will go to therapy a few times a week, during all this you are entitled to the insurance company paying you, housekeeping expences ( $100 or so a week), you can also get attended care benefits thats like $500 a week, and if you cant work i think they accompensate up to like 80% of what you make.( this are all monthly payments that the insurance company pays out) after a onee year period your lawyer sues for pain and suffering insurance makes an offer so it they dont have to bother going thru the courts, you take the offer and thats the end of it. the people that never see the money or it just takes forever are the ones that dont take the offer by the insurance company and decide to continue with the lawsuit.

as my lawyer said insurance companies along with banks are some of the wealthiest companies in the world, you are just small fry to them.

if you are just experiencing pains chances are its soft tissue injuries which means there is no way that the insurance company can really prove that you are not injured, plus they dont bother investigating you unless you are sueing for very large amounts and tell them u are at home on your death bed.

a claim is a claim for a insurance company it doesnt matter if its $1 or
$1million
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