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I just got rear-ended :(

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Old Jun 7, 2003 | 04:36 PM
  #1  
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Very sound, Mike
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I just got rear-ended :(

Almost 10 years after i first started driving i got in my first ever accident - and it wasn't a small one either.

On my way to the dealership to get an oilchange i came to some traffic on the highway. People were going right about 50mph or slower on a 60mph road. I was on the lane next to the off-ramp and was at full-stop when i saw a big SUV swerve away from hitting me in the back...

I barely had time to give a sigh of relief when out of nowhere a gold Sentra (IIRC) slammed right into my back.

Now for the damage report:

Me: I'm having back pains and have a bad headache. My fiance seems fine but i was brought to the hospital via ambulance after being immobilized from moving my neck or back. Thankfully there are no broken bones. I was given a prescription however.

Other party: Not sure if they're okay or not. Right after the accident i called 911 and was instructed not to move. However i could see the people behind me get ouf of their car and walk to the front of it and light a smoke. When the ambulance arrived they went back to their car and was given a neck brace as well then taken to the hospital.

Their car: From what i could see in my rearview mirror and what i've heard - both airbags deployed, hood buckled (imagine a face-down curved palm), both headlights were broken and their windshield had a large spider web crack.

My car: I didn't get to see it until after being released from the hospital, but so far here's what i've found:

- Rear bumper definitely needs replacing.
- Exhaust tips caved inside the muffler which in turn is now just hanging loosely.
- Spare wheel well is partially caved in
- Entire trunk is caved in, off by about 3-4 inches.
- Trunk cover/lid is misaligned and needs some effort to open and close. (remote opener won't just pop it out now)
- Rear passenger fender is buckling out and dented, pushing on the rear door which in turn cannot be opened.
- That in turn may have affected the front passenger door as it lodges on to something right before you open and close it.
- On the driver side rear fender, there is a definite misalign and the gap between that and the rear door is barely there. In fact you can see the point of impact between gaps (e.g. paint came off at the edges).

The Police officer did say it was in driveable condition, so we took his word for it. However, it now makes a "tugadug-tugadug" sound when rolling. All i know is it's coming from the rear. I'm also worried the brakes might be damaged since it was fully engaged when i got hit.

Judging from the impact and knowing what happened to the other car i'd have thought i lost my entire trunk - but the Max seems to have held up pretty well. I don't hear any rattling or squeaks as of now. But i'll know more once i have it checked out.

Anyway, this is my first ever accident. Can anyone give me tips on how to claim from their insurance for damages? I didn't get a chance to exhange information but the police officer did write a report and gave us a case number to check in 10 days.

I'm worried i might have done the wrong thing by not getting the other parties info or at least license plate right at the scene.



More photo's here:
http://www.nissanx.net/gall/album84
Old Jun 7, 2003 | 04:39 PM
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sorry to hear. hope everything is ok with you and your fiance.
Old Jun 7, 2003 | 04:40 PM
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Originally posted by krazyd
sorry to hear. hope everything is ok with you and your fiance.
Old Jun 7, 2003 | 04:40 PM
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Very sound, Mike
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thanks. i'd like to say everything is okay, but the headache and pain is still there... i was warned ahead of time that at the speed i was hit i can count on having some kind of whiplash - which i'm hoping against.

otherwise, i'm glad we were able to "walk-away" from the accident.
Old Jun 7, 2003 | 04:46 PM
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How's your lawyer? I smell a 350Z with mods in your future. I hope you and the fiance feel better.
Old Jun 7, 2003 | 04:46 PM
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now it's time for sue-age
Old Jun 7, 2003 | 04:56 PM
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I hope you feel better soon Mike. Get in touch with a lawyer.
Old Jun 7, 2003 | 04:58 PM
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Very sound, Mike
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I don't have a lawyer Is that a necessity to protect myself or something?

And about my car, i've already talked to some people who thinks it may be a case of being totalled. If that were the case, how do insurance companies go at it? Do they give you the KBB value of the totalled vehicle or a similar new one?
Old Jun 7, 2003 | 05:06 PM
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C'mon Mike you have whiplash. Get a lawyer and have them retrieve the funds you need to take care of your car, your medical expenses and your new 350Z or G35C from the other person's insurance compay.

About 250k should be enough so that after lawyer's fees you can buy a new max, a sports car for the weekend, as well as paying for your "pain and suffering", and the medical bills.
Old Jun 7, 2003 | 05:26 PM
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the other parties insurance will handle ur car and hospital... but u are gonna need a lawyer if u plan on suing for "pain and suffering" (extra money)....and as for ur question.. they will give u an approximate value of ur car...
Old Jun 7, 2003 | 05:37 PM
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When I went 2 see 2F2F last night, I saw a majestic blue 2k2-2k3 max with i nice BIG dent in the rear bumber (the dent was huge!!!). I dropped a couple tears.
Old Jun 7, 2003 | 05:39 PM
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Sorry to hear about your accident. Hope everything works out fine and you get a lot of money from those terrible terrible drivers.
Old Jun 7, 2003 | 06:42 PM
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I've been hit like that.. while the sore neck/back did go away in a month, there were times for up to the next 3 years where turning on the water to take a shower in the morning was very painful. I played tennis and if I really jolted my spine, I was out..

Pain and suffering is usually a way to get the value of the car back.. Dont feel guilty, thats just the game.. I dont believe in it, but when its my 3-5K, I will play before getting screwed. You will have the pain from time to time if you were hit *that* hard. If it was like I had, you wont have felt that 5K was enough for what you are feeling later and would have traded the money not to be in that pain.
Old Jun 7, 2003 | 07:13 PM
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Very sound, Mike
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I'll definitely get to them since i don't have health insurance to cover my own

Right now my arms are starting to hurt as well (I tensed up at the last second before impact and held the wheel strong - probably why it hurts now).

And my fiance is now starting to complain about back pains. I hope this all comes out okay though.

Thanks for the help and suggestions guys, i really need it right now.
Old Jun 7, 2003 | 08:04 PM
  #15  
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Very sound, Mike
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Got some photo's up. You can see them here:
http://www.nissanx.net/gall/album84

I didn't think it was that bad just looking at it from the outside. But upon taking a closer look you can definitely see a lot of misaligned parts and damage. If it moved both rear and front doors to misalign then you can definitely tell it was a strong enough impact.

Also, i'm not sure what it is - can't get a decent picture of it right now. But i think it's something that holds the muffler - right now it's also touching the behind of my rear passenger tire. It's probably one of the things making a weird noise.
Old Jun 7, 2003 | 08:11 PM
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Definetly look into getting a lawyer and try to get as much of it as you can out of it, otherwise you'll be kicking yourself in the a$$ down the road. It's a big headache yes, but it should be done.


Hope everything goes well!
Old Jun 7, 2003 | 10:44 PM
  #17  
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sorry about what happened soundmike. definitely look into a lawyer and have your medical bills taken care of.
Old Jun 7, 2003 | 11:46 PM
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I'm sorry to hear what happened, but I'm glad you're okay.


~limsandy
Old Jun 8, 2003 | 03:15 AM
  #19  
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Sorry to hear about your accident......focus on getting better....cars can be fixed or replaced.

I've been hit 3 times in the last 2.5 years after no accidents for many many many years ! 2 rear enders and one that took out my whole rear driver's side 1/4 panel. I was sitting/stopped at a red light, minding my own business, for all three accidents when someone crashed into me.

I started thinking about running reds, it seemed more dangerous to stop for a while LOL !

The good news is that the car was repaired every time. The repair quailty was so good that and you would never know my car (previous car) was hit.

Anyways, i have an idea of how you feel right now.

Good luck, Bob
Old Jun 8, 2003 | 03:28 AM
  #20  
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I hope both you and your fiance will be alright, being rearended is really hard on the back as im sure you now know. Please worry about the car later, you see you need to get yourself a lawyer. The lawyer will atleast make sure you get all the money you need from the other drivers insurance company inluding all the chiropractic therapy your fiance and yourslef will need. Its gonna take a little while (3-4 months) be4 you see somewhat normal movemnt in your back without pain. Like I said, please take this advice and get yourself a lawyer. Ive seen people walk away with $30K+ for injury's less then this. Pain and suffering is worth money too and his insurance will only want to pay for the cars damage not your personal pain. After your physical well being has been taked car of, worry about the ride. Back pain can and will last you a lifetime of agony if not treated correctly. I made a mistake 2yrs ago and my lower back had had held me back for a while and is still somewhat sensative to odd movemts. Be careful and take care, btw dont 4get the lawyer
Old Jun 8, 2003 | 03:41 AM
  #21  
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WOW ..... looking at the damage to your car, the impact must be pretty hard. Looks like your car suffered serious internal injuries. I do hope you and your fiance are alright. Do get yourself a lawyer and a new car soundmike. There's a big possibility that your car might be totalled because of the frame damage.
Old Jun 8, 2003 | 04:45 AM
  #22  
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Hey Mike,

Sorry to hear about your accident. I'm glad neither of you were seriously hurt. I agree 110% about getting a lawyer...and don't sign any type of 'release' documents from the other insurance company.
Old Jun 8, 2003 | 09:48 AM
  #23  
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Can't agree more about the lawyer.. my mom got rear-ended in her postal jeep (she's a postal carrier) and didn't get a lawyer. She's paying for the chiropractor herself now since the only thing the other guy's insurance company paid for is her initial medical bills and the jeep (it was totalled)

With a lawyer you should easily get enough back to pay for his fees, so don't let the cost bother you.. but if you don't you'll be kicking yourself, especially if you don't have health insurance
Old Jun 8, 2003 | 12:19 PM
  #24  
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Mike, first of all so sorry to hear about your accident. Seems like these types of things happen all at once around the Max community eh?

I am glad you and your fianace were able to "walk-away" but I have to agree with every one here that you do the following:

1) Get a copy of the police report at the 10 day mark.

2) Consult with your insurance company about talking to the adjuster for the other party.

3) At least start inquires to get an attorney. I would ask family and close friends for suggestions as opposed to just calling around.

4) DO NOT settle for a rental car that is anything less than yours. (I know for a fact that Enterprise rent Maximas)

Your well being both mentally and physically have been shaken and that at the very least entitles you to better compensation than fixing your car.

Let us know how you are doing from time to time. Take it easy man.
Old Jun 8, 2003 | 12:35 PM
  #25  
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Originally posted by soundmike
I don't have a lawyer Is that a necessity to protect myself or something?

And about my car, i've already talked to some people who thinks it may be a case of being totalled. If that were the case, how do insurance companies go at it? Do they give you the KBB value of the totalled vehicle or a similar new one?
Ihad a 2000 mazda 626 which was rearended 8 months after i bought ,and i could have sworn they would have totaled it from the way it looked, well they didn't.Basically the value to repair has tobe more than the value of the car at time of accident for them to total it.My damage was 8+k, seeing that you have a 2002 and viewing the external damage,it may not be a total,however they won't know the extent of the damage until the rip it apart to view the frame etc.BTW my 2000 626 ES-V6, was traded for a 02 maxima last june .Good luck and hope have no permanent health issues.
Old Jun 8, 2003 | 12:36 PM
  #26  
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Originally posted by Stereodude
C'mon Mike you have whiplash. Get a lawyer and have them retrieve the funds you need to take care of your car, your medical expenses and your new 350Z or G35C from the other person's insurance compay.

About 250k should be enough so that after lawyer's fees you can buy a new max, a sports car for the weekend, as well as paying for your "pain and suffering", and the medical bills.
Thats a lousy amout for pain and suffering+medical bills.Hope ypu never settle for that amount should it ever happen to you.
Old Jun 8, 2003 | 12:49 PM
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krazyd

Are you going to the meet on the 14th on june? and if you are going are you bringing anything for sale? i am interested in some lighting..

Playero
Old Jun 8, 2003 | 02:59 PM
  #28  
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Mikey, on top of the stuff on the "X" and the information above, don't forget to make a note of all missed work and travel expenses incurred.

Getting a lawyer is a great idea. You and your fiance EACH need to do that ASAP. Call around and find one with the best terms and a reputable reputation. Watch out for scam artists...

I would also suggest you have your doctor send you to see a specialist for your back and neck. Have your fiance do the same thing.

Rent a Ferrari!!!
Old Jun 8, 2003 | 10:09 PM
  #29  
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I hope you and your finance fully recover quickly. Something I want to ask you is did you notice if the "Active headrests" worked? Basically, they are supposed to move forward during a rear-end impact. (That's why we can't adjust them). Thanks for any help. Feel better, and take care of yourself and your fiance.

Regards,

ShysMax
Old Jun 8, 2003 | 10:47 PM
  #30  
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Sorry to hear about the accident, hope you feel better. As for the car, if there is a lot of damage that isn't terribly obvious, it's possible that it'll be total'd. Hope that it is, otherwise there will probably be a lot of little things that just arent quite the same as before the accident. (noises etc.) Seems pretty clear that you will have a case for a lawsuit, how much you get really depends on a lot of different things.
Old Jun 8, 2003 | 10:57 PM
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Dam...Sorry to hear that, hope you get better soon. I was in an accident 3 years ago. I hired a lawyer to receieve the compensation I deserved. But the fee from the Lawyer isn't cheap. Everytime I talk with the lawyer, it costs me $100CAD. The total end up like $2000CAD
Old Jun 8, 2003 | 11:22 PM
  #32  
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My regards Mike, I hope everything works out to be OK.
Old Jun 9, 2003 | 02:22 AM
  #33  
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Hope everything is ok.
I got rear-ended a month ago too. Some idiot on a Honda smashed into me while i was at full-stop on red light. The hit wasnt that hard, but still I could feel it.
Here are the pics:

Old Jun 9, 2003 | 08:25 AM
  #34  
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Very sound, Mike
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As always, thank you for your support guys. I really appreciate both the support and the suggestions on how to deal with the situation.

My neck, upper back and my throat area hurts bad. It's actually hard to swallow and cough. My arms are also feeling kinda "tired" - like that feeling you get when you lift weights after months of inactivity.

My fiance is now also experiencing more pronounced pain in her neck. I just hope we both get well and not experience too much pain and discomfort in the long run.

As for my Max, the body shop at Mossy already looked at it and estimated the preliminary damages to about $4k - which includes having to "pull" the rear portion of the frame as it was crumpled/pushed in.

To shysmax, i can't recall if the head restraints worked or not. Everything just happened so fast i can't remember what happened during the sudden impact.

TZapper, was there any frame damage when that happened to you? Were the rear doors okay?

To those in Houston, anyone know of a good lawyer i can contact?
Old Jun 9, 2003 | 09:02 AM
  #35  
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Originally posted by soundmike
As always, thank you for your support guys. I really appreciate both the support and the suggestions on how to deal with the situation.

My neck, upper back and my throat area hurts bad. It's actually hard to swallow and cough. My arms are also feeling kinda "tired" - like that feeling you get when you lift weights after months of inactivity.

My fiance is now also experiencing more pronounced pain in her neck. I just hope we both get well and not experience too much pain and discomfort in the long run.

As for my Max, the body shop at Mossy already looked at it and estimated the preliminary damages to about $4k - which includes having to "pull" the rear portion of the frame as it was crumpled/pushed in.

To shysmax, i can't recall if the head restraints worked or not. Everything just happened so fast i can't remember what happened during the sudden impact.

TZapper, was there any frame damage when that happened to you? Were the rear doors okay?

To those in Houston, anyone know of a good lawyer i can contact?
Dang dude!! Nothign major to say here...just wishing both of you the best in feeling better and putting this wayyyyy behind you!!
Old Jun 9, 2003 | 09:13 AM
  #36  
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Very sound, Mike
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j, you wouldn't happen to know of any good lawyers would you?
Old Jun 9, 2003 | 09:34 AM
  #37  
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jjs
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Originally posted by soundmike
j, you wouldn't happen to know of any good lawyers would you?
Unfortunately not for this kind of thing. Have you asked Maximax2?
Old Jun 9, 2003 | 09:42 AM
  #38  
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Very sound, Mike
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Yep, I PM'd him earlier today. Thanks though
Old Jun 9, 2003 | 09:46 AM
  #39  
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Originally posted by soundmike
Yep, I PM'd him earlier today. Thanks though
Want me to ask around the office here, or just wait to hear back from him?
Old Jun 9, 2003 | 09:58 AM
  #40  
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Very sound, Mike
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I'll wait it out for now then get back with you



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