A drunk driver just smashed into us on the freeway ISH

my family and I were driving down to Santa Barbara to attend my good friend's wedding, known the dude since I could walk. There was a jam from a previous accident and we were fully stopped when this fu.cking asshole drunk driver hit us around 65mph. Asshole didn't even hit the brakes. I was passed out in the back napping and woke up to my body flailing and a noise louder than a gunshot. I'll tell you that's the worst way I've ever been woken up.

Feeling dizzy and words coming slow from the concussion and what's looking like a fractured hand, in addition to whiplash and lower back and leg injuries. My mom hurt her head, neck, and elbow too and my dads leg was banged up.

Piece of shit drunk driver was completely unscathed. Not even a scratch. Honestly I don't even mind the injuries as much as this jackass ruining me going to my boy's wedding :mad:

There was a dude that was in the car that we hit due to the impact. Young Mexican guy, his lower back was fu.cked, he was in a ton of pain and vomiting too. Felt real bad for the dude, he declined to go in the ambulance because he couldn't afford the medical costs.

Just needed to vent about this, I'm sitting in the hospital bed, car is absolutely totaled, while missing my buddy's wedding pre party.

Get Well soon brother. You are one of the few Warrior fans that I respect in this forum.

Time to get that money, OP.

Thanks 23 and stalker. Anyone have experience with lawyers after a crash? I don't think I can sue for the lost experience but I definitely want this bastard to cover my medical bills.

[QUOTE=oarabbus]Thanks 23 and stalker. Anyone have experience with lawyers after a crash? I don't think I can sue for the lost experience but I definitely want this bastard to cover my medical bills.[/QUOTE]

Contact a lawyer ASAP that specializes in this.

They'll lead the way.

[QUOTE=oarabbus]Thanks 23 and stalker. Anyone have experience with lawyers after a crash? I don't think I can sue for the lost experience but I definitely want this bastard to cover my medical bills.[/QUOTE]
if you have insurance you will get lots of money from a settlement. Always refuse the first offer. Prepare your bank account.

Glad you and your family are still in one piece OP, hope none of the damage is permanent. Wrecking at 65mph is no joke.

[QUOTE=Nick Young]if you have insurance you will get lots of money from a settlement. Always refuse the first offer. Prepare your bank account.[/QUOTE]

The drunk driver is the one that needs the insurance, not OP.

If he has coverage, it's on.

If not, you would have to sue him personally and he may not have a pot to piss in.

[QUOTE=stalkerforlife]The drunk driver is the one that needs the insurance, not OP.

If he has coverage, it's on.

If not, you would have to sue him personally and he may not have a pot to piss in.[/QUOTE]
It's on like Donkey Kong. As long as no one dies directly as a result of this accident, OP and his family will win out in this encounter.


The Mexican guy who has no insurance and fled the scene loses out big time. Hopefully he doesn't have internal bleeding and isn't dead right now, knock on wood.

None of my injuries are permanent but I won't have a fun couple weeks. My mom's injuries aren't permanent but she hurt her leg much worse than anything that happened to me.

Just learned two people died tonight though :(

[QUOTE=stalkerforlife]The drunk driver is the one that needs the insurance, not OP.

If he has coverage, it's on.

If not, you would have to sue him personally and he may not have a pot to piss in.[/QUOTE]

Does insurance cover for accidents in the US if the driver was drunk? It doesn't over here and rightfully so.

[QUOTE=oarabbus]None of my injuries are permanent but I won't have a fun couple weeks. My mom's injuries aren't permanent but she hurt her leg much worse than anything that happened to me.

Just learned two people died tonight though :([/QUOTE]
RIP the victims, glad you and your mom survived.

Thanks guys I appreciate it. Thought my life was supposed to flash before my eyes. Not sure if it's better or worse that didn't happen

highway 5? there's always some some crazy shit going on when you take that route. 101 is longer and slower but usually safer.

that sucks

a litttle while ago my friend and I and our girlfriends were out and we got rear ended by some SUV like that...the guy tried to hit and run and my friends pregnant girlfriend started chasing them and a cop started following us with flashing lights but we waving at the SUV and somehow the cops understood and started chasing the SUV...SUV went down a road and the cops surrounded him and came really close to blowing his head off. guy and his homies were drunk as shit and could barley even walk and got hauled to jail.

My dad got rear ended. He was in the hospital for a week but didnt have too serious injuries besides blurry vision that subsided. he settled with their insurance for 20k (1/3 goes to lawyer), thats the max they would cover outside of medical bills and other things. Then he asked our own insurance for money and they gave him the max 50k. All through a lawyer, didnt have to do anything besides go to the lawyers office to pick up the checks.

OP, sorry to hear about this. Hope you and your mom are okay.

Regrettably, CA has some of the worst third party liability laws in the country; designed to protect lawyers and the uninsured more than victims of negligence.

Everything depends on what level of bodily injury liability coverage the responsible driver (known as the tortfeasor) had. If he had CA's minimum required coverage of 15/30 ($15,000 max per single claimant; $30,000 max for all claimants combined), you may get very little, if anything. If there were deaths involved, each one could absorb $15,000, which would absorb the entire limits of the policy, leaving you with nothing. Furthermore, if the Mexican dude, who seems to have been seriously injured, ended up receiving treatment and files a claim against the tortfeasor, he could very easily absorb a full $15,000 as well. Your mom was also seemingly significantly injured, and would have a stronger claim than you to settlement funds.

Bottom line, there appears to be at least five claimants to the settlement (2 deaths? Mexican dude, your mom, and you), and you appear to be the least injured. With CA's crappy as hell minimum liability limits, you may end up with nothing, even if you do lawyer up.

Some advice:

1. Sounds like you were in your mom's car? Check to see what kind of medical payments coverage she has. You are looking for either PIP (personal injury protection) or med-pay coverage. These are first party benefits (sometimes referred to as no-fault coverage) that will pay out on your medical bills (and your mom's) until the benefits are exhausted. Unfortunately, CA does not require drivers to carry this type of coverage. However, even if your mom does not carry it, check your own policy (assuming you are not still on your mom's); your own PIP/med-pay coverage may kick in even though your vehicle was not involved

2. Also check your mom's policy (or whomever insures the vehicle you were in) for UM/UIM coverage. This is uninsured/under-insured coverage that will kick in for you in the event that a tortfeasor has no coverage or insufficient coverage. In an accident this bad, with this many claimants, I'm betting the tortfeasor's insurance will be insufficient to cover all the losses. If your mom has UM/UIM coverage, she will need it; file a claim ASAP. You won't be able to collect on it unless you are also covered under her policy. If you have your own policy, check it for UM/UIM, and file a claim immediately if you have it.

3. File a claim with the tortfeasor's auto insurance immediately. Your mom should too. When you file the claim, ask what the bodily injury liability limits are on the policy. Every state has a statute of limitations on how much time from the accident you have to file a claim; I believe CA's is a year, but you want to file as quickly as possible, because in cases of catastrophic loss, as this one seems to be, insurance companies will often settle very quickly with the claimants who are most affected (and you and your mom seem to be at least 4th and 5th on the list). Again, those other claimants may absorb the entire settlement, so you want to get a claim in as soon as you can.

4. Most personal injury law firms offer free consultations, and their fees are based on a contingency of the settlement amount, rather than an hourly rate. This means they will take a percentage (usually 33% minimum) of your award. That is pricey, but at least it means that you will owe nothing unless they win you some money. Don't hire any lawyer who wants to work this at an hourly rate. Again, you may not get anything, and you don't want to be stuck with paying legal fees when you didn't receive a settlement award. A really good attorney may decide to help you pro bono if they see that the insurance limits are really crappy. They might be willing to help you resolve your medical debt and property damage claim without taking a fee.

5. Lastly, do you and mom have health insurance? If so, what kind? If you are on a government-funded plan (Medicaid, Medicare, IHS, etc.), the hospital may not bill it immediately. They are required by Medicaid/Medicare rules to pursue the bodily injury settlement first; this is because Medicaid/Medicare are funded by tax dollars and are therefore considered "payers of last resort." If you are unlikely to receive a settlement award because the bodily injury limits are poor, contact the hospital and inform them of that, so that they will cease pursuing reimbursement from the tortfeasor's insurance and instead bill your health plan.

Good luck, and sorry again to hear about this. Hope you and your mom are okay. EDIT: sorry, and your dad too. Just re-read your post and missed the part about dad in the first reading. Good luck man.

[QUOTE=CakeorDeath]OP, sorry to hear about this. Hope you and your mom are okay.

Regrettably, CA has some of the worst third party liability laws in the country; designed to protect lawyers and the uninsured more than victims of negligence.

Everything depends on what level of bodily injury liability coverage the responsible driver (known as the tortfeasor) had. If he had CA's minimum required coverage of 15/30 ($15,000 max per single claimant; $30,000 max for all claimants combined), you may get very little, if anything. If there were deaths involved, each one could absorb $15,000, which would absorb the entire limits of the policy, leaving you with nothing. Furthermore, if the Mexican dude, who seems to have been seriously injured, ended up receiving treatment and files a claim against the tortfeasor, he could very easily absorb a full $15,000 as well. Your mom was also seemingly significantly injured, and would have a stronger claim than you to settlement funds.

Bottom line, there appears to be at least five claimants to the settlement (2 deaths? Mexican dude, your mom, and you), and you appear to be the least injured. With CA's crappy as hell minimum liability limits, you may end up with nothing, even if you do lawyer up.

Some advice:

1. Sounds like you were in your mom's car? Check to see what kind of medical payments coverage she has. You are looking for either PIP (personal injury protection) or med-pay coverage. These are first party benefits (sometimes referred to as no-fault coverage) that will pay out on your medical bills (and your mom's) until the benefits are exhausted. Unfortunately, CA does not require drivers to carry this type of coverage. However, even if your mom does not carry it, check your own policy (assuming you are not still on your mom's); your own PIP/med-pay coverage may kick in even though your vehicle was not involved

2. Also check your mom's policy (or whomever insures the vehicle you were in) for UM/UIM coverage. This is uninsured/under-insured coverage that will kick in for you in the event that a tortfeasor has no coverage or insufficient coverage. In an accident this bad, with this many claimants, I'm betting the tortfeasor's insurance will be insufficient to cover all the losses. If your mom has UM/UIM coverage, she will need it; file a claim ASAP. You won't be able to collect on it unless you are also covered under her policy. If you have your own policy, check it for UM/UIM, and file a claim immediately if you have it.

3. File a claim with the tortfeasor's auto insurance immediately. Your mom should too. When you file the claim, ask what the bodily injury liability limits are on the policy. Every state has a statute of limitations on how much time from the accident you have to file a claim; I believe CA's is a year, but you want to file as quickly as possible, because in cases of catastrophic loss, as this one seems to be, insurance companies will often settle very quickly with the claimants who are most affected (and you and your mom seem to be at least 4th and 5th on the list). Again, those other claimants may absorb the entire settlement, so you want to get a claim in as soon as you can.

4. Most personal injury law firms offer free consultations, and their fees are based on a contingency of the settlement amount, rather than an hourly rate. This means they will take a percentage (usually 33% minimum) of your award. That is pricey, but at least it means that you will owe nothing unless they win you some money. Don't hire any lawyer who wants to work this at an hourly rate. Again, you may not get anything, and you don't want to be stuck with paying legal fees when you didn't receive a settlement award. A really good attorney may decide to help you pro bono if they see that the insurance limits are really crappy. They might be willing to help you resolve your medical debt and property damage claim without taking a fee.

5. Lastly, do you and mom have health insurance? If so, what kind? If you are on a government-funded plan (Medicaid, Medicare, IHS, etc.), the hospital may not bill it immediately. They are required by Medicaid/Medicare rules to pursue the bodily injury settlement first; this is because Medicaid/Medicare are funded by tax dollars and are therefore considered "payers of last resort." If you are unlikely to receive a settlement award because the bodily injury limits are poor, contact the hospital and inform them of that, so that they will cease pursuing reimbursement from the tortfeasor's insurance and instead bill your health plan.

Good luck, and sorry again to hear about this. Hope you and your mom are okay. EDIT: sorry, and your dad too. Just re-read your post and missed the part about dad in the first reading. Good luck man.[/QUOTE]

Translation - Call a personal injury/accident attorney and let him take over.

You sound like you have tinnitus from the injury, make sure you reprot this to the doctor. It sounds like a permanent, constant ringing that is going to keep you awake for the rest of your life.

hint hint
Dr. K

[QUOTE=stalkerforlife]Translation - Call a personal injury/accident attorney and let him take over.[/QUOTE]

Actual translation: here's what to do if no lawyer will take your case because there is no money in it for them

Alternate translation: here's some things you should know before dealing with insurance companies and personal injury lawyers, because both may try to f*ck you. Knowledge is power.

Glad to hear you're Ok. Makes me feel like a piece of shit that I used to drive drunk all the time when I was younger. Never again.

My wife works for a law firm that maximizes claims. Any advice you need buddy

Dang. Hope everyone recovers. Very sad to hear about the Mexican guy, really big mistake on his part for leaving. I hope you guys don't face future issues because of this injury, it's prone to come back and haunt you later on in life. Sue that mfer for everything he has.

Get well soon brother ish

Wah. You're lucky to be alive.

better call saul, get well OP

[QUOTE=HenryGarfunkle]Wah. You're lucky to be alive.[/QUOTE]

this

65 mph collision .. could very well be dead right now

Sorry to hear that. Get better soon. :cheers:

Must have been a scary way to be awoken like that. I hope the drunk guy loses his license for several years - bastards like those make me rage. Luckily, I have never been in such an accident and hope never to be.

[QUOTE=BigNBAfan]You sound like you have tinnitus from the injury, make sure you reprot this to the doctor. It sounds like a permanent, constant ringing that is going to keep you awake for the rest of your life.

hint hint
Dr. K[/QUOTE]

dont quit your day job :lol

[QUOTE=oarabbus]my family and I were driving down to Santa Barbara to attend my good friend's wedding, known the dude since I could walk. There was a jam from a previous accident and we were fully stopped when this fu.cking asshole drunk driver hit us around 65mph. Asshole didn't even hit the brakes. I was passed out in the back napping and woke up to my body flailing and a noise louder than a gunshot. I'll tell you that's the worst way I've ever been woken up.

Feeling dizzy and words coming slow from the concussion and what's looking like a fractured hand, in addition to whiplash and lower back and leg injuries. My mom hurt her head, neck, and elbow too and my dads leg was banged up.

[b]Piece of shit drunk driver was completely unscathed. Not even a scratch. [/b]Honestly I don't even mind the injuries as much as this jackass ruining me going to my boy's wedding :mad:

There was a dude that was in the car that we hit due to the impact. Young Mexican guy, his lower back was fu.cked, he was in a ton of pain and vomiting too. Felt real bad for the dude, he declined to go in the ambulance because he couldn't afford the medical costs.

Just needed to vent about this, I'm sitting in the hospital bed, car is absolutely totaled, while missing my buddy's wedding pre party.[/QUOTE]

That is quite common because your body is all loose and relaxed when you're hammered. You are less likely to suffer serious injury if your body isn't tensing up.

Good luck on your recovery and getting reasonably compensated with the upcoming lawsuit.

Thanks for the well wishes everyone means a lot to know the ISH fam cares


CakeorDeath, I really appreciate the detailed response and information.

Stalker, we're working on getting a lawyer for this case right now.


[QUOTE=hateraid]Glad to hear you're Ok. Makes me feel like a piece of shit that I used to drive drunk all the time when I was younger. Never again.

My wife works for a law firm that maximizes claims. Any advice you need buddy[/QUOTE]


Today I woke up and my neck is hurting like a bitch. However I didn't get xrays for it during the night of the crash, although the hospital knew I had neck pain. Can the lawyers have the doctors confirm it's from the whiplash or whatever?

[QUOTE=oarabbus]Thanks for the well wishes everyone means a lot to know the ISH fam cares


CakeorDeath, I really appreciate the detailed response and information.

Stalker, we're working on getting a lawyer for this case right now.





Today I woke up and my neck is hurting like a bitch. However I didn't get xrays for it during the night of the crash so I'm worried the lady's lawyer will try to say it occurred separately. Any advice on this part?[/QUOTE]
You don't need an xray the night of the crash. Just go to a doctor when you can. No one's going to try to claim your injury was from a different accent.

The DUI guys lawyer will not try to fight this. All they want to do is settle.


8 years ago I was sitting in the back of my friends parked car and we got rear-ended by dumbass Mexican lady going 40 miles per hour with her 6 kids in the car. It turns out the lady's insurance was bullshit and belonged to some dead white guy from Nebraska, but I still wound up getting money.

Didn't have to go to court, didn't have to hire a lawyer, didn't have to do nothing. Put in the insurance claim and they will take care of it.

If the drunk driver has low liability limits or is uninsured, I sure hope you had high uninsured/underinsured liability coverage on your insurance policy...otherwise tough luck.

California does not offer PIP. Medical payments are offered but they are usually limited, around $10K per person.

I work for GEICO so I know all of this stuff by heart. I hope your insurance company takes care of you, for your sake. Drunk drivers deserve to be put away for a LONG time. You wouldn't believe how many people I talk to that have multiple DUI's on their record.

Small update. We're still finding a personal injury lawyer.

However, it turns out the person who hit us had shit-tier insurance. Their limits are small and will get maxed out on my family's ER expenses, doesn't seem like they had much money. so not sure that bringing an injury lawsuit will actually bring us more than it costs :mad: