Maxima totalled
12-23-2007, 01:31 PM
#1
Maxima totalled
The Max got rear ended last night. I'm 2nd in line making a left turn when I glanced in the rear view mirror and in that moment when my brain figured out that the vehicle behind me is not stopping I get hit. Felt like a train hit me and my wife. The guy must've been going at least 60km/hr. The trunk is totally gone, right up to the rear wheel. Although I'm able to type its very difficult to do so I'm seeing family doctor this afternoon. My wife's stomach is sore too.
12-23-2007, 02:02 PM
#4
Wow, sorry to hear that. I know how it feels to be rear ended when you are at a stop (only I was in an Explorer, and the other person was only traveling about 30mph. Make sure you are in good health and make sure their insurance company covers it. You shouldn't have to pay for anything.
12-23-2007, 02:15 PM
#5
Senior Member
Join Date: May 2004
Posts: 6,190
Daniel:
I am sorry to hear about your misfortune. Remember the thread some time back advising Sunny what to do re: his accident and ICBC. See if you can find that thread.
My wife is a paralegal with many, many years of experience in plaintiffs personal injury.
You will need to retain a lawyer as apart from the car payout, which the lawyer typically doesn't get involved with, you will get raped in the settlement. The first thing you should do is contact all witnesses and get phone numbers and addresses. Start keeping a daily diary and list all the hurts/pains/trauma/treatment/care givers/specialists/inconvenience. Keep all medical receipts for treatment, prescriptions etc.
I will now let her give you a few more pointers:
1. In the beginning, ICBC will seem like your "friend". They are not. As time goes on they become increasingly difficult to deal with. For example, if your doctor recommends physio, chiro, massage therapy, a fitness regimen at a fitness club, ICBC can and do often refuse to pay for these somewhere along the line, just at the time when you need treatment the most. It is best to engage a lawyer at the outset. A lawyer will take the case on a contingency basis, meaning that the lawyer gets paid when you get paid. You do not pay any fees until a settlement is negotiated or decision at trial. Typically, a lawyer's fee is based upon a sliding scale (for example) - 25% if settled before pleadings are commenced; 28% after pleadings commenced and after examinations for discovery; 30% if it goes to mediation; 33 1/3% if proceeds to trial;
2. ICBC will want you to come into their offices to give a statement. If you do give them a statement - don't sign it. Wait to see a lawyer who can assist with preparation of your Statement.
2. An evaluator/loss handler will prepare an assessment of the vehicle. If you have all receipts concering your vehicle, it will be most helpful when negotiating the salvage release, e.g. maintenance, upgrades, modifications, stereo, etc. Typically, the assessment is sourced by AutoSource (not a red book, green book or any other book). If your insurance package includes Roadstar, you will be eligible for a rent-a-car which will be paid by ICBC. If your insurance package does not contain Roadstar or any provision for a rental vehicle if involved in an accident, you will still be reimbursed for your rental vehicle by ICBC but the commencement date for reimbursement begins 3 days after you receive an offer for the totalled vehicle. Keep your invoice for any rental vehicle - the lawyer will fight ICBC for reimbursement.
Heading to the airport now for a pickup.
If you need more information PM Bobo.
Merry Christmas to you and your family.
Alcohol helps to minimize the pain and anxiety!
I am sorry to hear about your misfortune. Remember the thread some time back advising Sunny what to do re: his accident and ICBC. See if you can find that thread.
My wife is a paralegal with many, many years of experience in plaintiffs personal injury.
You will need to retain a lawyer as apart from the car payout, which the lawyer typically doesn't get involved with, you will get raped in the settlement. The first thing you should do is contact all witnesses and get phone numbers and addresses. Start keeping a daily diary and list all the hurts/pains/trauma/treatment/care givers/specialists/inconvenience. Keep all medical receipts for treatment, prescriptions etc.
I will now let her give you a few more pointers:
1. In the beginning, ICBC will seem like your "friend". They are not. As time goes on they become increasingly difficult to deal with. For example, if your doctor recommends physio, chiro, massage therapy, a fitness regimen at a fitness club, ICBC can and do often refuse to pay for these somewhere along the line, just at the time when you need treatment the most. It is best to engage a lawyer at the outset. A lawyer will take the case on a contingency basis, meaning that the lawyer gets paid when you get paid. You do not pay any fees until a settlement is negotiated or decision at trial. Typically, a lawyer's fee is based upon a sliding scale (for example) - 25% if settled before pleadings are commenced; 28% after pleadings commenced and after examinations for discovery; 30% if it goes to mediation; 33 1/3% if proceeds to trial;
2. ICBC will want you to come into their offices to give a statement. If you do give them a statement - don't sign it. Wait to see a lawyer who can assist with preparation of your Statement.
2. An evaluator/loss handler will prepare an assessment of the vehicle. If you have all receipts concering your vehicle, it will be most helpful when negotiating the salvage release, e.g. maintenance, upgrades, modifications, stereo, etc. Typically, the assessment is sourced by AutoSource (not a red book, green book or any other book). If your insurance package includes Roadstar, you will be eligible for a rent-a-car which will be paid by ICBC. If your insurance package does not contain Roadstar or any provision for a rental vehicle if involved in an accident, you will still be reimbursed for your rental vehicle by ICBC but the commencement date for reimbursement begins 3 days after you receive an offer for the totalled vehicle. Keep your invoice for any rental vehicle - the lawyer will fight ICBC for reimbursement.
Heading to the airport now for a pickup.
If you need more information PM Bobo.
Merry Christmas to you and your family.
Alcohol helps to minimize the pain and anxiety!
12-23-2007, 02:23 PM
#6
Senior Member
Join Date: May 2004
Posts: 6,190
You said you are seeing a doctor this afternoon. Your wife also needs to see the doctor right away. Both of you need to get checked over and report to the doctor all the physical and mental complaints after the accident. Make sure you doctor take good notes. It is critical for the clinical records. Keep going to the doctor and make sure they take good clinical notes.
It is imperative that you follow the advice of the doctor and see all specialists and caregivers they advise both of you to see.
It is imperative that you follow the advice of the doctor and see all specialists and caregivers they advise both of you to see.
12-23-2007, 02:49 PM
#10
Senior Member
Join Date: Jan 2006
Location: Fuk 301 it's 410 Bal Md black/purple.
Posts: 1,860
I hope you and your family are ok and will have a great holiday.
I would get on this case quick and get the lawyer and insurance involved and most of the time If your hit in the back it's the person who hit is in trouble. Sorry about the car man it looks very nice.
I would get on this case quick and get the lawyer and insurance involved and most of the time If your hit in the back it's the person who hit is in trouble. Sorry about the car man it looks very nice.
12-23-2007, 03:37 PM
#13
O no man, that sucks so much Daniel, right in the middle of moving on too. Atleast your ok... sore but ok. with the traffic down in van during the holidays it gets scary. Sorry to hear about that
12-23-2007, 05:20 PM
#15
Hi guys, thanks for your kind words 
Just got back from the doctor and both me and the wifey are okay. He ran us through some checks to make sure we're fine. My doctor did some accupressure points and gave me some mobility back in my hands but both my forearms are still sore. I must've had a death grip on the steering wheel. Earlier my hands couldn't even hold a mug by the handle. Called up my supervisor to tell her I won't be in for work tomorrow. My wife's stomach muscle was okay. Guess it was the seat belt that gave her the pain. She told me it felt like she got kicked in the stomach.
Just got back from the doctor and both me and the wifey are okay. He ran us through some checks to make sure we're fine. My doctor did some accupressure points and gave me some mobility back in my hands but both my forearms are still sore. I must've had a death grip on the steering wheel. Earlier my hands couldn't even hold a mug by the handle. Called up my supervisor to tell her I won't be in for work tomorrow. My wife's stomach muscle was okay. Guess it was the seat belt that gave her the pain. She told me it felt like she got kicked in the stomach.
12-23-2007, 05:52 PM
#17
Senior Member
Join Date: May 2004
Posts: 6,190
However, Daniel, sometimes injuries incurred during car accidents worsen over time or don't even show up right away if they are whiplash or soft tissue-related.
Hi guys, thanks for your kind words
Just got back from the doctor and both me and the wifey are okay. He ran us through some checks to make sure we're fine. My doctor did some accupressure points and gave me some mobility back in my hands but both my forearms are still sore. I must've had a death grip on the steering wheel. Earlier my hands couldn't even hold a mug by the handle. Called up my supervisor to tell her I won't be in for work tomorrow. My wife's stomach muscle was okay. Guess it was the seat belt that gave her the pain. She told me it felt like she got kicked in the stomach.
Just got back from the doctor and both me and the wifey are okay. He ran us through some checks to make sure we're fine. My doctor did some accupressure points and gave me some mobility back in my hands but both my forearms are still sore. I must've had a death grip on the steering wheel. Earlier my hands couldn't even hold a mug by the handle. Called up my supervisor to tell her I won't be in for work tomorrow. My wife's stomach muscle was okay. Guess it was the seat belt that gave her the pain. She told me it felt like she got kicked in the stomach.
12-23-2007, 09:23 PM
#19
Not the greatest pictures as my wife took them:
Front hood is bent and my headlights and grille are gone. The frame is bent and I couldn't open the rear doors at all. Just remembered that my torque wrench is in the trunk too. Bet its bent to h_ell. Spare tire is in there somewhere. Had a full tank of gas too.
I'll be speaking with a lawyer tomorrow for advice. Forearm's are still too sore to type very much.
Front hood is bent and my headlights and grille are gone. The frame is bent and I couldn't open the rear doors at all. Just remembered that my torque wrench is in the trunk too. Bet its bent to h_ell. Spare tire is in there somewhere. Had a full tank of gas too.
I'll be speaking with a lawyer tomorrow for advice. Forearm's are still too sore to type very much.
Last edited by BlackCat; 12-23-2007 at 09:39 PM.
12-23-2007, 09:29 PM
#20
Senior Member
Join Date: Jan 2006
Location: Fuk 301 it's 410 Bal Md black/purple.
Posts: 1,860
DAMN.. man that was one big hit, the hit looked so strong that It bent your frame from where your too doors joint-up. OUCH that bone head should get a penalty for such a speed he hit you guys with. Good luck and bestwishes to your and your family.
12-23-2007, 09:41 PM
#21
The driver that hit me got a 24 hour roadside suspension. Blew below the breathalizer limit and got a .05 or .5.
12-24-2007, 03:24 PM
#26
Supporting Maxima.org Member
iTrader: (29)
Join Date: Oct 2005
Location: Middleboro/Carver, Ma
Posts: 4,572
yeah make sure to take that lady's advice, and don't give ANY statements with out a lawyer present.
Also, the comment about injuries creaping up is the truth.
So get tons of medical attention and sue the F&*^& out of them. Lawsuit FTMFW!
Also, the comment about injuries creaping up is the truth.
So get tons of medical attention and sue the F&*^& out of them. Lawsuit FTMFW!
12-24-2007, 03:27 PM
#27
Damn that really sucks Dan. I hope the best of luck and get better soon man! Its awful to have something like this at this time of the year. I actually just about t-boned some stupid women driving a golf. She figured she didnt need to shoulder check before pulling out of the right lane into the left lane, lucky saw her start to pull out, slammed on the brakes and ended up about 2ft away from her car. Lucky, i would have hit her right in the drivers door too.
I guess this time of the year is bad, with all the last minute shoppers and such, people want to get there and back as fast as possible. Keep safe people!
And yeah, when i was with my dad in his truck when he got rear-ended by a civic, at first i was alright, alittle shocked, but probably after 2 days i started to develop some lower back pain, and it got worse, so your not out of the woods yet. Make sure you let the lawyers know and everything. Dont want to rip off the system, but you also want to get as much out of it as you can for your inconvience, theres a reason why you pay insurence!
I guess this time of the year is bad, with all the last minute shoppers and such, people want to get there and back as fast as possible. Keep safe people!
And yeah, when i was with my dad in his truck when he got rear-ended by a civic, at first i was alright, alittle shocked, but probably after 2 days i started to develop some lower back pain, and it got worse, so your not out of the woods yet. Make sure you let the lawyers know and everything. Dont want to rip off the system, but you also want to get as much out of it as you can for your inconvience, theres a reason why you pay insurence!
Last edited by 96blkonblkse; 12-24-2007 at 03:29 PM.
12-24-2007, 03:32 PM
#28
damn man that really sucks I am real sorry to hear that. Make sure you and your wife get anything taken care of first then attend to the max I know if that was my car i would want to cry
12-24-2007, 05:55 PM
#30
Member
Join Date: Nov 2005
Location: Johnson City, TN
Posts: 240
The good thing is that it looks like your Maxima did a pretty good job of protecting you and your wife. The bad thing is you are going to be sore for a couple of days and then the crap starts where you try to get the settlement on the car.
It makes it even more frustrating when you(and we) feel your car is somewhat special and has had a lot of special TLC. To many others, cars are just cars, just something to get them from point A to point B.
Anyway, good luck and we wish you the best.
Randy
It makes it even more frustrating when you(and we) feel your car is somewhat special and has had a lot of special TLC. To many others, cars are just cars, just something to get them from point A to point B.
Anyway, good luck and we wish you the best.
Randy
12-24-2007, 08:01 PM
#31
Daylight pics
Went to the junkyard to pick up my personal effects today. Reminds me so much of Chebosto's salad bar days. Do you guys think that this is fixable or a write-off?
Went to the junkyard to pick up my personal effects today. Reminds me so much of Chebosto's salad bar days. Do you guys think that this is fixable or a write-off?
Last edited by BlackCat; 12-24-2007 at 08:20 PM.
12-24-2007, 08:16 PM
#34
Senior Member
Join Date: Aug 2007
Location: FL
Posts: 704
Wow. I'm glad that you two are okay and have lived for at least one more Christmas. It would of been tragic if that was a fatal accident right before Christmas. Btw, if a insurance company asks you how you feel, never say "I feel good" or "Fine" they will use it againist you. They are going to try and get you to say that you are doing good. Merry Christmas!(Any thoughts on what kind of car you are going to buy?)
12-24-2007, 08:21 PM
#35
12-24-2007, 08:29 PM
#37
I was considering a 135i but I need 4 doors. Took a look at the Subaru Impreza WRX and BMW 323i this evening. Unfortunately the new Maxima's don't appeal to me.
Last edited by BlackCat; 12-24-2007 at 08:32 PM.
