Auto Accident..need advice

[FunSugarDaddy]

Over all I have to admit my life isn't too bad if this is the worst thing that's happened to me in a while, but I was in an accident a couple of days ago.

The situation was this. I was on an off ramp behind a cab waiting to enter onto a road. I was looking for a break in the traffic and when I found it, I went. Unfortunatley for me the car in front of me didn't and I hit him. We both stayed our cars for 15-20 seconds or so, I got of the car and seen very minimal damage, and he got out to. I said doesn't look like there's any damage at all, and he pointed to a bend fender. So we decide to get out of the way of traffic and pull over about 40 feet from where the accident happened, we exchange numbers and away we go. I phone in the accident and let things take their course. I was told all and all it could end up costing me as much as $1,700. My $500 deductible, plus my lost safe driving record for the next 3 years. But ICBC also says I can pay them off if I wish and avoid that as long as no one claims injuries.

Well yesterday I get a phone call from ICBC saying this fuckwad is claiming he was hurt. Sure wasn't hurt when I saw him and he was out of his car twice and never said boo about being hurt..and I hit him maybe doing 5 miles an hour. How hard can you hit someone when your less than 2 feet behind him at a dead stop before proceeding.

Anyway, ICBC wants pictures of my car, which is fine, other than a scrap a small gouge, and a bent licence plate my car never suffered any damage.

But looking for advice..other than the obvious which is to buy 20 cans of spray paint and offer some teenage kids $20 for every cab they tag..

Anyone had to deal with a similar situation..can he just scam the system with immunity or are their actually rules that prevent this kind of B.S.




What a bunch of crap..this is a complete and total shake down.

And we wonder why road rage exists..

 

[dipitydoo]

I would also love to hear what's the best thing to do when involved in a car accident.

I heard the first thing (other than making sure everyone's OK), is to quickly get witnesses who can testify. Also, to NOT be pressured to move, until police gets there or I don't know who should get ther... but I really don't know what one has to do.

Can anyone shed some light into this subject? thanks, and best of luck FunSugarDaddy!

 

[uncleg]

Get a lawyer. I would assume that you went to ICBC, even though the damage was minimal so why don't they have a picture already. If you didn't you're a fool in particular if the car ahead of you was cab. Most of these guys are looking for any dime they can get and you just turned into an ATM. If you were hitting the gas when you hit him, you probably would have jolted him even though there was no significant damage. Cabbies don't have to wear seatbelts, so chances of soft tissue damage are higher. Also, with soft tissue damage it doesn't always show up at the time of the accident and more often is something that shows up well after the accident. I got rear ended last winter. At the time of the accident I didn't feel much, a couple days later I could hardly walk, I still get a residual affect from the accident.

 

[Cosmo]

I would let ICBC do their investigation.

(And yes, I have encountered a similar situation as yours).

They are well aware of claiments who attempt to scam by claiming false injuries (mine was a remarkably similar story).

Based on the little information provided here, I believe you will find ICBC denies the claiments injury suit.

ICBC will then provide you with the cost of the claim.

Then you make the decision as to having the claim covered under insurance (factoring in deductible, loss of safe driving, etc) or if it is worthwhile to cover the costs yourself.

Depending on who you are insured with (ICBC Roadstar and the private portions of private insurance) do have provisions for one 'at-fault' accident that will not affect your insurance rates.

Once you have all the relevant information, make your decision.

Hope this helps.

 

[Rolls Royce]

I would let ICBC do their investigation.

(And yes, I have encountered a similar situation as yours).

They are well aware of claiments who attempt to scam by claiming false injuries (mine was a remarkably similar story).

Based on the little information provided here, I believe you will find ICBC denies the claiments injury suit.

ICBC will then provide you with the cost of the claim.

Then you make the decision as to having the claim covered under insurance (factoring in deductible, loss of safe driving, etc) or if it is worthwhile to cover the costs yourself.

Depending on who you are insured with (ICBC Roadstar and the private portions of private insurance) do have provisions for one 'at-fault' accident that will not affect your insurance rates.

Once you have all the relevant information, make your decision.

Hope this helps.

Agree with you 100%. Also there are 3 immediate "your fault automatically sitautions"

1. Rear-ending an individual
2. Turning left at an intersection and hitting the oncoming car going straight.
3. Switching lanes (left or right) and smacking into any cars in those lanes going straight.

I got really screwed on 2. it was a green light for me and the oncoming driver ran a red (the f*cker was also stoned and being my first accident, I didn't know what to do, and so he said "let's not get the cops involved" and I went "okay". Reflecting back it was because he was stoned and didn't want an automatic conviction!) Talk about learning lessons the really hard way! ICBC said he told them that he had a green and not a red. They told me "regardless" you were turning left so it is automatically your fault. My insurance rate was frozen for 3 years and to this day I'm still incrementally crawling up to being a roadstar!

My advice would be the same as Cosmo, to wait and see what ICBC says before you do anything (this is often times the most painstaking part of the whole process, just waiting). If you happen to be a roadstar then you should be entitled to one free accident, where your rate is not affected.
Good luck bro,
R.R.

 

[FunSugarDaddy]

I am a roadstar but I used up my one freebee last year.

That's another story.

This guy was parked in the middle of the road chatting with his friend. I was coming upon him and I honked and went around him. When I honked he panicked and turned into me as I was trying to go around him.


He apologies prefusely and offered to pay my damages, a fireman said the whole thing was weird.

ICBC originally said I was at fault for passing on the right. Apparently it didn't matter that he was parked in the middle of the road talking to a friend on the sidewalk

Finally it was deemed 50-50%

what the f^% else was I suppose to do..he was STOPPED in the middle of the road. I was just trying to go around him and be on my way.

Me and ICBC haven't gotten along since.

 

[Pantherdash]

1. Rear-ending an individual
2. Turning left at an intersection and hitting the oncoming car going straight.

I got really screwed on 2. it was a green light for me and the oncoming driver ran a red (the f*cker was also stoned and being my first accident, I didn't know what to do, and so he said "let's not get the cops involved" and I went "okay". Reflecting back it was because he was stoned and didn't want an automatic conviction!) Talk about learning lessons the really hard way!

If it makes you feel better RR, the fact that he was stoned or intoxicated in any way would not automatically make him at fault. He ran a red light and that could have made him at fault on its own even though you were making a left-hand turn. The first thing to do when involved in an accident is to look for witnesses. Unfortunately, so many people are so pathetically indifferent that they tend to run from the scene as soon as an accident occurs that they just witnessed.

Panther

 

[HD-Switch]

Sorry, but..

Hey,

Sorry to hear the accident.. that really bites..

I have a bit of a medical background, and honestly, it doesn't take much for someone to get injured from getting rear-ended.

And the effects of the injuries don't even actually "hit" you to several hours later. So the fact that you saw him/her getting up and out of the car doesn't really mean anything.

I doubt, this person has serious injured, however, i wouldn't be surprised if he/she complained about back, neck, headached..yes even TMJ. A person maybe even more prone to injuries if they are older, and out of shape. Their supporting muscles aren't used any strain.. so when something like that happens.. they lock and go into spasm.. it's a protective mechanisim.

My advise to anyone that gets into an accident (especially if you get rear ended) is when anyone asks if you're "OKAY".. always say "i don't know". Because, you really won't know until your adrenaline stops pumping..

Calling a lawyer would be the best course of action.. but it may end up costing you more. Sorry.. but the fact that rear ended him.. it doesn't look too good for you my friend.

 

[Banger77]

I agree with the guys; wait and see what icbc has to say. Through my experiences with icbc they might classify the accident as a LVI ( Low Velocity Impact ) with limited info you provided and the minimal-to-no damage to your car. This would be a good thing cause they would be more suspicious of the injury claim.

HD-switch is right cause with my accident; i felt pretty ok until i woke-up the next day. With the shock and adrenaline stopped, my back shoulder area was so painful that i had to roll out of bed. I even maxed out physio sessions which icbc would cover until i got a referrel from my doc for more.

I heard the first thing (other than making sure everyone's OK), is to quickly get witnesses who can testify. Also, to NOT be pressured to move, until police gets there or I don't know who should get ther... but I really don't know what one has to do.

Can anyone shed some light into this subject? thanks, and best of luck FunSugarDaddy!

With such a minor accident most of the time the LE won't even stop unless their was altercation between the drivers. There are no more get one free accident anymore from icbc cause when i was in accident that was my fault; my discount level just achieved roadstar gold and then i lost it for 3 years with a minor insurance increase.

 

[Mr Blonde]

no pun intended, but the rear enders almost ALWAYS lose out on a claim. either you were following too close or you were going too fast. i doubt a lawyer would do you much good (unless you've got a really good lawyer)

take your medicine, take the hit on your insurance, your deductible, and all that rot and chalk it up to experience.

for your next accident the more you document the better. i keep a digital camera in my car all the time. if i see an accident and im stuck behind it, i'll take pictures, they help with determining fault. but since you moved vehicles to exchange information and that, you're pretty much screwed and its your word against his.

all in all he's claiming he's hurt with legitimate damage to his vehicle, and damage that's consistent to his claims on yours. if his injuries are legitimate, and there's a doctor who can verify their validity there isn't really much you can use as a defence.

 

[FunSugarDaddy]

Clarification

Just to clarify, I'm not denying responsibility for the accident, it was clearly my fault and I accept full responsibility for it.

My issue, is the potential cost for such a minor accident and how someone seems to be milking the system at my expense.

My bumper wasn't bend in any way and the damage to it was minimal. The impact would have been something along the lines of backing out of a stall in a parking lot and hitting someone looking for a place to park. There was very minimal impact. And there really wasn't even an addreneline rush, I've had those before when you get hit hard unexpectantly. It was almost like hitting someone in bumper cars at slow impact.

He was in and out of the car twice and never said boo about being hurt and in fact I honestly fail to see how he possibly could be hurt. I didn't plough into him trying to slow down, we were both at dead stop prior to it happening.

If I thought he was legitimately hurt, I wouldn't have an issue with any of this. My ONLY issue is I believe he's claiming injuries, not because he's hurt but because he wants some kind of windfall and it will be at my expense..that's the issue. There's no issue whatsoever about who's at fault.

 

[FunSugarDaddy]

This isn't anything new, happens all the time. ICBC will put that dude through the ringer and he won't get a red cent. Once his claim is denied, do the math as to which way is least expensive way to move forward. Pay claim yourself vs. Insurance Increases.

**Disclaimer** It is possible the person has an injury but most of these are people trying to take advantage of the system.

Thanks your reply and others makes sense. I'll just jump through the hoops for now and see where it gets me. If I don't like the result, I'm consider my options when that happens.

Thanks to all who replied, much appreciated.

 

[squid]

Rolls, I have experience with a rear ender and I can't agree totally with yr scenarios. I was driving in the center lane when a guy comes flying by me on my left. Problem was the left lane was closed up ahead for repairs. What does he do ? Slams on the brakes and cuts into my lane. What happened next ? I rear ended him. We both get out, and he says to take the name of his girlfriend as the driver ! I make a claim to ICBC right away and detail the accident. Guess what. He was deemed to be at fault. To make things more interesting I get a call at work and ICBC says he's now making a claim for injuries. Problem is they had a file on him and it wasn't the first time he had made a claim.

 

[FortunateOne]

Rolls, I have experience with a rear ender and I can't agree totally with yr scenarios. I was driving in the center lane when a guy comes flying by me on my left. Problem was the left lane was closed up ahead for repairs. What does he do ? Slams on the brakes and cuts into my lane. What happened next ? I rear ended him. We both get out, and he says to take the name of his girlfriend as the driver ! I make a claim to ICBC right away and detail the accident. Guess what. He was deemed to be at fault. To make things more interesting I get a call at work and ICBC says he's now making a claim for injuries. Problem is they had a file on him and it wasn't the first time he had made a claim.

Sounds like his driving habits gets him into multi accidents.

RE: the guy making the claim, it is a good idea for anyone hit from behind to claim possible injury anyway because of delayed reaction and who knows what will pop up later. I think he is most likely following someone's advice on this. However, the low velocity and ICBC's dim view of injury claims in general will make it hard for him to prove. It will take an extremely long time of doctor visits, physio appts, etc etc before they will believe any claim, and even then they will lowball him. I think they are well aware of potential fraud. Unfortunately this affects legitimate claims also -- often taking real sufferers years to come to some sort of settlement.