Need legal, medical, auto advise after Prius got hit

The best advice, seek an attorney and go from there.

 

on the side of mechanical- please careful as the car will come back w/ more problems..let them total the ride and go get another. the initial 10k will go up pretty soon as soon as the remove panels and wires

 

+1!!! Consult a professional, not the internet!

 

Seriously, you will find plenty of people here willing to offer their $.02, but you need the advice of a real professional...

 

Free legal advice is worth exactly what you pay for it. Nothing!

 

Well it sounds like you're going to be covered for the car troubles. The thing about attorneys are it's going to take time, energies, and possibly money to get resolved. If you're looking for just compensation with the car, I'd suggest just going through your insurance for that. For back pain, I'm affraid that will be a chronic thing.

I have some medical background, and I can see why the orthopedist wants to wait awhile before the MRI: it can take awhile for your spine to settle. For now, it could be soft tissue inflamation causing numbness and pain in your nerves. If your lower back/ legs are giving you more pain then anything else, then it won't hurt to get your sacrum adjusted. But I suspect it's more systematic if you're also having upper body pain.

 

The police issued a summons to the other driver. You'll want to keep yourself posted regarding the progress of the case. There is a very good chance that ticket will be negotiated down to something like "obstructing traffic" with a guilty plea. No points & a relatively small fine.

If you have $10,000 of body damage in the rear the car is not going to be totalled and nobody is going to swap out undamaged body panels. Are you happy with the shop that provided the estimate? Get a second opinion (estimate) from the local Toyota dealer's body shop. If the car is properly repaired you won't have a problem with it. If you don't want to continue driving it then sell it or trade it. If you are planning on a trade try to get documentation from the dealer regarding current value vs. value before the collision. This will be part of your claim against the other driver.

Are you going through your insurance or the at-fault driver's? If you go through the other party's you shouldn't have out of pocket expenses for the rental or your collision deductible. If you go through your policy the other company will pay for your deductible after the fact and you'll have to file a claim for the rental balance to them. The rental can be direct billed to the insurance company.

Which insurance companies are you dealing with?

The verbal threshold in your policy means that you can't sue for pain & suffering & medical expenses unless one of the circumstances as specified in your policy is met.

Accupuncture may help. Explore all options.

It doesn't cost anything to shop for a lawyer. Talk to more than one. The compensation amount will depend on how well YOU document your injuries & loss. Remember that the burden of proof is on YOU.

Yes, I have collision experience in NJ and my friend Joe was T-boned with spinal injuries about 10 years ago.

God bless.

 

I don't see how switching to an SUV will help anything? He probably wouldnt have stopped for anything if it was there. SUVs are usually more dangerous than cars, and the Prius is not a small car...

 

I agree.

 

It is worse than that, some of the free advice has negative value.

 

--I am surprised at some of the posts , yes this is a free discussion board, of course its understood any advise should be evaluated and checked, the poster shows some mental stress over the accident, criticism over posting the event here is the last thing she needs.


We are on the waiting list for switch into a SUV until it become available, of course I would pay the difference.
What should I do when I do get the car back, should I sell it or it is safe as new to drive it? Thanks so much.

I'd respect my feelings on this matter- if memories of the accident are still stressing you, I certainly consider trading to a larger, heavier vehicle that you feel safer driving in-test drive and due some research on this first.
I had an accident years ago that I recall pretty vividly, it simply took time for the emotions around it to decrease. Talking to a professional about the event would of course be a good idea. ( In a small way posting here can be helpful, I see the worst part of the accident was the lack of control you had, so the more control you can develop over the issue the better ) . Consider this, I am a better driver because of my previous accident, too many people can have a thoughtless attitude on the roads, and from reading your post you certainly won't be one of them (not that you were before) . Best wishes .

 

It was never my intention to criticize the OP for posting. Merely to warn against acting on the basis of legal advice given over the internet. The law is a complicated, convoluted, and irrational construct. Common sense does not apply. Only a professional can even begin to assess the legal ramifications of an incident.

Shanghaiwind: I am very sorry about your accident. I hope I did not sound insensitive when I advised you not to take legal advice here. I hope you recover completely from your injuries.

 

shanghaiwind, yes, everything is probably going to be a struggle and you need to be at the top of your game while you are injured. It sounds like you are having the car repaired at the indy shop. At least get a quote from the Toyota dealer's body shop. You have the right to have the car repaired wherever you want. With all the extra stuff in the car I would lean toward the dealer.

"As for rental car, we don't know the out-of-pocket money will be covered or not by the other insurance. We still don't know if our insurance would fight for us to get co-pay, deductable or out of pocket money for rental back from the other insurance or not. If not, that is another fight."

This sounds like you are having your insurance company handle everything. Did you open a claim with the other insurance company? If they aren't liable based on the other driver's policy then you have a Small Claims case against the driver. This kind of stuff is routine so I wouldn't expect you to have a hassle.

Don't let this get to you.

 

good luck--I was hit Friday, Dec 3 and waiting to get some action from other driver's insurance. mine is a 2005 and NEW to me...got my Prius in Sept and am/was looking forward to many years and payments ahead, ha ha. Husband and I had no injuties that I am aware of but rear bumper nearly falling off, hatch won't open and automatic loks a little squirrelly--anybody out there with some expreince....I'm hoping a really good reapir will do the trick...take care

 

Find a Accident Attorney ASAP......

It was the other guys fault, YOU SHOULD PAY NOTHING!!!

You really need to seek professional help!!!

 

Sounds like you seriously qualify for "pain and suffering" for your injuries and "diminished value" due to damage of your vehicle, which will always be on it's records. That's the first thing dealers and informed buyers check for when you're trading it in or selling it. Consult a good attorney.

 

Not in NJ. One attorney already said there's no case.

 

I highly recommend you get a second opinion. If you're not at fault, you should be out of pocket nothing if the other guy was caught, unless he had no insurance. Don't let your insurance company claim you need to pay out of pocket - that should come from the other guy.