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So I was just in a car wreck

Lysander

Well-Known Member
Hi everyone

I was just in a head-on collision. I was only going about 5 Mph starting to go into an intersection and a guy in a truck blew straight into me. It was found to be my fault, and I have a court date. Insurance isn't willing to cover anything and both cars are totalled.

I'm rethinking whether driving is for me. I'm lucky to be alive, and my husband's car is destroyed. Everything feels unreal right now and I'm figuring out my plan from here.

So... yep that happened.
 
My mother had a similar car crash years ago, I was in the car aswell.
This can be very stressfull and be traumatizing, and you may consider talking about it to a specialist or at least talking about it.

My mother almost stopped driving after that, I dont advise you to do that because this is your freedom.

We all do mistakes, and as you said it is not that bad.
 
I so feel for you right now. I've never had a collision but I had an incident where I lost control after hitting a deliberately placed oil patch many years ago. It was a pathetically stupid Halloween trick set by some nasty kids who ended up in serious trouble (talk about being topical). I hit the kerb and my car lifted off the road, spun 180° and ended up stalled on the wrong side of the road. I managed to restart it and limp home with busted tires and a bent axle.
I'm still driving - it was a freak incident and I came out relatively unscathed. It wasn't my fault as was acknowledged by the police but the insurance wouldn't pay out.
I live in the worst part of the UK for nutters on the road now, but I have to drive. I'd have no life at all if I didn't. I know you've been unnerved but you have to consider what your life would be like if you didn't drive.
Don't let this setback mess your life up @Lysander :)
 
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I agree with @Judge . Also, now is the time to speak with an attorney since insurance isn't willing to cover anything. That's why you pay for it and in most states are required to pay for it. Something doesn't sound quite right. What do you think @Judge ?

Agreed, it doesn't sound right short of a rescission of coverage. But that's a relatively rare option on the part of insurers. It really depends on what @Lysander has to say.

Generally you have to have flagrantly violated an insurance contract for them to rescind coverage in the event of an actual claim. Though every state does have their legal nuances when it comes to insurance. Still, on the surface this doesn't sound right.
 
@Lysander You won't be the first person, even NT's can struggle after a major accident, thankfully I've never been in a major accident just small ones.

I've heard from other people I've known about having trouble getting back behind the wheel after something like this, I would also recommend seeing a counselor.

The husband of a friend of mine, was in a bad accident, at that time they lived in a small town, when they moved to a large city he had a real phobia about driving, wouldn't drive at all, I heard that he eventually got over it but with lots of help.
 
Sorry to hear this, yeah a car accident can be traumatic. As @Sherlock77 said; Seeing a counselor might be a good idea. I wish you all the best at this time and know that things will get better.
 
I'm rethinking whether driving is for me. I'm lucky to be alive,

You have to be in shock. Give yourself some time to think about this and to attempt to work though it all. This also doesn't sound like your fault. From the information given. I'd look into what Judge has to say, he's worked in insurance for most of his life.
 
In addition to several of the above
comments, I wish to add that
regardless of even police determined fault,
there are many mitigating circumstances in
a case that would seem opened and closed.
One of which, in the U.S., is the
"Last clear chance to avoid the accident"
rule.
No matter who initially caused the accident,
whoever had the last clear chance
to avoid it is the at-fault party.
Judging from your respective speeds and
direction of travel, it seems likely that
the other party should be, at least, partly
responsible.
I would contact your insurance company,
and assert that you weren't at fault.

Accidents do happen, and I am
very glad that you are here to tell
us about it.
 
Oh no! That sucks, I'm really sorry.
My granny got into a crash like that a couple years ago. Shes back to driving now though, I think you can do the same:)
 
My question is too, why won't your insurance cover it? I thought that the whole point of insurance was that they cover your costs in case of accident... and it does sound like an accident, I can't imagine you would deliberately drive into another vehicle.
 
Have you received a written denial of coverage letter from your insurer? What does it say?

Did you receive a ticket from the police at the scene of the accident? What does it say?

Have you obtained a copy of the police report? What does it say?

Were alcohol or drugs involved?

Was the car you were driving actually insured under your policy?

Did your insurance policy lapse for nonpayment of premiums prior to the accident?

Did you have a valid drivers license at the time of the accident?

There's a lot of missing information about the basis for your carrier's refusal to pay the claim. Don't precipitously file a bad faith insurance lawsuit against your carrier unless you're certain you are on solid ground or you could find yourself paying the legal fees and defense costs of your insurance company for filing a frivolous lawsuit against it, as well as paying for the other driver's totaled car and the loss of your car.

I handled a lot of insurance bad faith claims against insurance companies before I retired from practicing law, and something is not right about what you're saying.
 
I do feel empathy for this one. You were just getting to the good part of your life and then got hit by one of this world's unexpected, unpreventable but inevitable catastrophes. Been there done that. It's a major setback but one you can come back from if you handle it just right. Luckily, you have here some support from caring people, including knowledgeable persons who know how to navigate the insurance scams, which is the worst part of a traffic accident where cars were totalled but no one was physically maimed or killed.

You said "Everything feels unreal right now and I'm figuring out my plan from here." That's a good first step, getting what happened into focus and consult with those who can and will help. You can't handle it alone, cops and insurance companies are too clever and corrupt. It's their system.

I was just in a head-on collision. I was only going about 5 Mph starting to go into an intersection and a guy in a truck blew straight into me. It was found to be my fault, and I have a court date. Insurance isn't willing to cover anything and both cars are totalled.

From what you said so far, your situation is unclear. For a head-on collision to happen, both cars have to be traveling directly at each other in the same lane, so whoever was in the wrong lane would be at fault. The way you described it, you were hit entering an intersection at low speed, so unless you were both going straight through in the same lane, you were probably hit at an angle while one or two vehicles were turning. If the front of both vehicles were impacted, the airbags deployed. Exploded airbags is the standard definition for totalled vehicle because it costs more to reinstall new ones than what the insurance would have to pay to take the car. Once they have the car they can strip it and sell the undamaged parts and scrap for profit. Car parts sold separately are some times worth a lot more than the whole car.

Insurance companies are never willing to cover anything. They bully and threaten all the victims to obscure which side is at fault. Even when they admit coverage, they don't pay anywhere near what they owe. Police and courts assign blame based on personal prejudice, racial profiling, and other socio-economic factors, which don't always have anything to do with what actually happened, only what the better liars and cheaters say and how well the evidence is manufactured, withheld and otherwise manipulated. Basically, it all comes down to which party is easier to convict, not on who done it. If you haven't been to court yet, blame hasn't been officially assigned.As long as the guy didn't deliberately target you, it is classified as an accident, so if you have insurance, you are owed the blue book value of your vehicle and whatever else it says on your policy.

Even though the police finally admitted it was 100% the fault of the drunk texting maniac who sped through the stopsign to T-bone us off the road, totalled 2 vehicles and crippled us for life, he only ended up with a brand new car from his insurance company and a small fine for "failure to yield" that his parents paid. Contrary to popular belief, the law is for protection of the rich and guilty but there are loopholes.
 
I was once a juror in a felony hit and run case. Even then the defendant was represented by an attorney appointed to her by her insurer- Farmers. Fact is, it's very difficult for an insurer to legally establish actually rescinding coverage over an accident that takes place.

Far more frequently they can opt to non-renew or cancel midterm if legal under state law with proper advanced warning. Even a midterm cancellation requires great care by the insurer.

Unless in such instances where a policyholder has flagrantly and contractually violated the terms of coverage. Usually which amounts to having committed some kind of criminal act relative to the insurance agreement to warrant rescinding coverage altogether. Willful misrepresentation and such. But dayim...when I worked as an underwriter for nearly two decades I can only recall hearing that my company did that once or twice. Insurers really have to "have their ducks in a row" to do that. Otherwise they're ripe for a bad faith suit. But not all insurers are created equally either. Some can be capable of incredibly reckless actions against their own policyholders.
 
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I sure hope you are ok. I was in a wreck years ago when my fuel line froze and caused my engine to quit working. My van quickly drifted into the next lane and caused me to sideswipe a trailer of a semi-truck. Luckily nobody was injured so I had to car towed to a repair shop so we could figure out what was wrong with it. I would let my dad drive for many years after that until he became so disabled with Parkinson's that he could no longer drive safely. Then I got my first job and decided to give driving another shot. Now I drive about like everyone else and am actually starting to like it. I guess we all have a problem driving if we drive long enough. The longer you do it the better you become. Don't let an accident discourage you from driving. Just hang in there.
 
In support of the above: Get behind a lawyer. Don't try to navigate this situation yourself.

And I'm sorry this happened to you. It must've been very unpleasant.
 

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