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Topic: First Dilema- Car accident. (Read 256 times) |
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athos
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First Dilema- Car accident.
« on: Aug 15th, 2006, 3:16am » |
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first... you remember the accident on May 11 that the breaks on my grandfathers car went out. and i crashed into a tree doing 45 no seatbelt and it broke the titanium hardware in my neck that had to be fixed.
Well I had picked up the car a 1974 matador from the shop that had had it for 6 months fixing an exhaust manifold. The mechanic said to me on my way out "the breaks are funny, you have to press on them real hard, but they do work". Well the break lights were out as well. In that car the the break lights are controlled in a switch insided the beak master cylindar. So something was wrong with the master cylindar I am guessing.
Now my lawyer wants to go after the mechanic shop for damages. however!!! The mechanic who told me about the break is some distant cousin. My grandfathers brothers son's step son. I don't know him, but my mom sorta does and my grandfather does. Should I file suit??
I was life flighted... hospitilized for 3 days. Total bill just over $20,000.00 $10k was covered by PIP car insurance.
The following surgery to refuse my neck is about $50,000.00. I do have insurance, but as a partial result I lost that job and now paying cobra. Ia m not sure how much out of pocket I will have to pay for all of this probably 20% plus $2000 deductible.. That could be as high as $14k plus out of work plus being a pain in the neck.
I am sure that lawyer will hit them for a ton, but it is a whole in the wall shop, so I am sure that they would fold unless they had some insurance to cover such things.
Ideas?
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| « Last Edit: Aug 15th, 2006, 3:22am by athos » |
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George_J
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Re: First Dilema- Car accident.
« Reply #1 on: Aug 15th, 2006, 3:22am » |
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The genetics of the thing are way too complicated for me.
File suit.
WTF.
Good luck,
George
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Yorky
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Re: First Dilema- Car accident.
« Reply #2 on: Aug 15th, 2006, 6:43am » |
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its not good when you are leaving a garage and they say....ho by the way your brake's are dodgy....?....but at least they work.
if he had known you wre related,would he have said .....get them brake's done.?
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athos
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Re: First Dilema- Car accident.
« Reply #3 on: Aug 15th, 2006, 6:46am » |
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he knows we are related... he is not sure how... but he knows.
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Yorky
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Re: First Dilema- Car accident.
« Reply #4 on: Aug 15th, 2006, 7:44am » |
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on Aug 15th, 2006, 6:46am, athos wrote:he knows we are related... he is not sure how... but he knows.
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its still their liability.....its just like buying a milk shake......and as you leave the shop.....the seller say's....watch the milk , it's abit dodgy....
my ethos mr athos is,,,sue them,..or will they come to some arrangement about your expenses?
also some compensation injurie's/loss of employment?
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Brew
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Re: First Dilema- Car accident.
« Reply #5 on: Aug 15th, 2006, 7:59am » |
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How about letting your insurance company go after him? You're still with them, albeit via COBRA, right? Let them be the bad guy - that's what they're for.
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zwibbs/Scott
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Re: First Dilema- Car accident.
« Reply #6 on: Aug 15th, 2006, 8:14am » |
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The main thing is that you are OK !! But do me a favor---If you plan on visiting New Rochelle, New York--Call me first---I want to put my car in the garage.
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Mattrf
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Re: First Dilema- Car accident.
« Reply #7 on: Aug 15th, 2006, 11:32am » |
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Well it is a tough one since he is related to you even if it is distant. So it depends on how you feel about it but at a bare minimum he should pay you’re out of pocket expenses.
Have you talked to him to see if he even has insurance to go after?
If you feel bad about going after him, maybe you could strike a deal with him to pay your out of pocket and losses in exchange for you not going after his garage.
I do agree that he should not have let you drive out of the garage if he knew the brakes where bad and that he is responsible for the accident, My best friend is a mechanic and works both at a dealership and out of his garage and dose a tone of work at home and I know he would never let an unsafe car leave his garage putting someone at risk, his lack of concern for your safety and your grandfathers is bordering on criminal, what if you had been killed? He would have probably been arrested if the police found out he did what he did.
If I where you I think even though the man is distant family he almost cost you your life, and that is not something you can put a price on and what if next time his lack of concern does cost someone there life?
Go get him is my vote.
Matt
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cootie
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Re: First Dilema- Car accident.
« Reply #8 on: Aug 15th, 2006, 11:47am » |
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I should keep my mouth shut here but we used to hang out with some friends that did alot of sueing.....we had to dump them but.....we learned alot about the process in the meantime esp when they sued a best friend. It took about 2 years to settle........the guy got 20 grand but his lawyer gets half or more and then ya gotta file it for taxes don't ya also ? The guy that sued had back surgery but we all knew he already had a bad back bothering him and he kept talkin bout possible surgery so what was he doin joy ridein on a bike screwin around ? And that nite at the campout after his accident wtih the other friend he was cruisein around on a mini bike partyin haveing fun ! He was plotting this lawsuit in the meantime.....he went for blood tho. We understood the "first part" of the lawsuit to cover medical bills and damage to his bike (custom big bucks bike tho).......But I'd say that mite be the best bet for you to cover medical expenses if you can do it but the guy DID WARN YOU in a round about way the brakes were bad. Not sure how that will go in court for either of ya.......no expert here but stuff "sure can have it twists and bends" with what people said prior and lawyers protecting them. Should a dealer even allow a car to leave a shop KNOWING they had no break lights and had faulty breaks tho......maybe have the owner tow it off the property then yer on yer own ? If the shop was at fault then I'd say they should pay your medical expenses for sure.......just hate it when people go for a new house, car, yaught and inground pool and monster garage once they get started. Good luck to you and hope the neck is doin good.....hope ya can get some of the bills cover'd if not all at least ! No gainer painer Pam
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| « Last Edit: Aug 15th, 2006, 11:53am by cootie » |
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Mattrf
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Re: First Dilema- Car accident.
« Reply #9 on: Aug 15th, 2006, 12:00pm » |
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Cootie is right, I got hit from behind and got whip-lash and the guys insurance said that they would not pay my medical because they didn’t feel I was injured, really pissed me off so I went after them but we only asked for $7,500 and that was including medical bills so not a lot and they should have settled but they pushed for a jury trial I guess to get one of there lawyers some time in a court room.
They admitted that there client was at fault but just did not want to pay medical, what a crock! I won but it took over a year and yes the lawyer gets half but what you keep is not taxable but crap by the time it was done and the lost time from work for the trial and getting my witnesses to take time off work it made it really not worth the effort and that is what the insurance companies are trying to do. Oh yes and you can not say you are going after the insurance in the court room they make it look like you are suing the individual and the judge will instruct you to not even mention insurance as well.
All I can say is if you go after his insurance get a good lawyer and be prepared to be in it for a while.
Matt
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vietvet2tours
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Re: First Dilema- Car accident.
« Reply #10 on: Aug 15th, 2006, 12:09pm » |
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If the car(why would ya have a 74 matador anyhoo) was in for brakes then ya got a case,if not yer cooked.
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JeffB
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Re: First Dilema- Car accident.
« Reply #11 on: Aug 15th, 2006, 1:24pm » |
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on Aug 15th, 2006, 8:14am, zwibbs/Scott wrote:| The main thing is that you are OK !! But do me a favor---If you plan on visiting New Rochelle, New York--Call me first---I want to put my car in the garage. |
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Too funny!
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cootie
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Re: First Dilema- Car accident.
« Reply #12 on: Aug 15th, 2006, 2:42pm » |
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No shit....what ya keep doesn't have to be claim'd on taxes or not automatically sent in ???? Didn't know that......cuz when we found out our X friend won and settled on the 20 grand here recently after two years we were hopein the lawyer got HALF and the taxes kill him for the rest. This guy we know sued TWICE.....the ins co gave him 700 for what he claimed he needed that got ruin'd in the accident......new jacket.....wedding ring and boots and jeans. Of course it all went for more custom parts for his bike. Then he got anuther check for around 9 grand to fix his bike which also went to all new custom stuff.....it didn't look THAT bad when wrecked. (rear ended cuz other friend tried to goof off and lurched his bike into the other guy that for sum reason stopped in front of him verses HIS side of the road to watch him TRY a burnout). Then he was off work cuz his back hurt (he'd already been off alot and had injections and stuff earlier plus a few proir surgeries thru the years and he'd mentiond more surgery several times soon before the wreck....he liked the pain meds too much also.....kind of WIERD).....then since he lived above his means with credit card debt haveing too much stuff he could not afford to LOOK good it caught up with him not working and he about lost his house. He refused to sell either custom bike or the kids fancy 4-wheeler or any of HIS STUFF. So rite before the sheriff's auction the inlaws bailed them out. He was on easy street AGAIN......what are they gonna do if he is late with payments...kick there daughter and grandson into the streets ? So then he sued the isn co again for MORE money and had told us he originally wanted 100 grand to build a monster garage and quit his job and go on disability and build bikes. The ins co fineally settled on 20 grand which was the MAX they could give him......if he did not settle he had to sue the FRIEND PERSONALLY. Cuz Matt is right that you sue the ins co but the other person involved is very much part of it. If he didn't take the last offer he got it was goin to a jury trial and alot of us friends were named as charactor witness's for the one sued......we figure we'd of gotten drug in on depositions ect and court if it continued. (kind of made us nervous......this X friend has a dark side) He tried to get pain and suffering and anquish for him and his wife BOTH....they were both tryin to sue the friend. Then they got separated even tho they never really got along anyhow and blamed that on the friend....it was gettin ugly and alot of personal shit can get drug in to discredit you believe it or not and what you are doing with the lawsuit. Even tho you have JUST CAUSE be prepared for a long stressful haul of SHIT. But I can see goin for some money for medical bills if the shop WAS at fault. If they warn'd ya about breaks bein bad that may be a minus for you......there lawyer can use that wisely. So if ya do sue don't say anything to the shop or employee's cuz they can really dig up some dirt ahead of time or close up. Just let the lawyer handle it. Not tryin to scare ya out of doin it but just be prepared for some crap and don't say anything to anyone that mite be called in to speak against you and use anything you said or even personal JOKEING threats ya don't or didn't mean to sumone. It's not black and white anymore Pam
Sorry I got carried away here.....it's a push pull in lawsuits like this cuz so many 'like this guy' go for more then they should and to get rich. You have a good reason to try to get bills cover'd.....but it mite not be an easy process cuz of so many doin this to get rich and clog the systems and hold stuff up. Mite take ya a year or two........but hang in there. Get a lawyer that only takes cases they can win 'so they say' and will not charge you till it is OVER and then they take out there HALF or more. But at least it won't nickle and dime ya in the process and if ya loose so does the lawyer !!!
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| « Last Edit: Aug 15th, 2006, 2:50pm by cootie » |
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Charlie
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Re: First Dilema- Car accident.
« Reply #13 on: Aug 15th, 2006, 9:09pm » |
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Go after it.
You can use it.
Charlie
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