Car Accident - to sue or not!
#1
Car Accident - to sue or not!
After some advice as not thinking straight at the moment.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Last edited by tillysmum; Apr 21st 2008 at 1:52 am.
#2
Joined: Dec 2003
Posts: 7,834
Re: Car Accident - to sue or not!
After some advice as not thinking straight at the moment.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
#3
Account Closed
Joined: Dec 2007
Posts: 503
Re: Car Accident - to sue or not!
Hi,
So sorry to hear about what has happened to you. I hope that you begin to feel better soon.
I agree with your husband, and think you should contact your insurer to get advice from them as to what you should be doing now.
Good Luck!
M
So sorry to hear about what has happened to you. I hope that you begin to feel better soon.
I agree with your husband, and think you should contact your insurer to get advice from them as to what you should be doing now.
Good Luck!
M
#4
Re: Car Accident - to sue or not!
After some advice as not thinking straight at the moment.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Personally and it is only my personal opinion. I don't believe in claiming unless you are financially inconvenienced. If you have to lose out on wages or pay for a hire car and any medical bills yes you should be compensated for those and obviously the car should be fixed or replace at their insurers expense but what price do you put on injuries. Does the money make someone feel better and help them deal with the trauma, personally I don't think so. We have become a world of blamers and claimers and I hate it. Ultimately we all pay, higher insurance premiums etc etc.
Wishing you a speedy recovery
#5
Re: Car Accident - to sue or not!
I am sorry to hear about your accident and hope you recover quickly, remember it is only a week ago and your injuries are still very new.
Personally and it is only my personal opinion. I don't believe in claiming unless you are financially inconvenienced. If you have to lose out on wages or pay for a hire car and any medical bills yes you should be compensated for those and obviously the car should be fixed or replace at their insurers expense but what price do you put on injuries. Does the money make someone feel better and help them deal with the trauma, personally I don't think so. We have become a world of blamers and claimers and I hate it. Ultimately we all pay, higher insurance premiums etc etc.
Wishing you a speedy recovery
Personally and it is only my personal opinion. I don't believe in claiming unless you are financially inconvenienced. If you have to lose out on wages or pay for a hire car and any medical bills yes you should be compensated for those and obviously the car should be fixed or replace at their insurers expense but what price do you put on injuries. Does the money make someone feel better and help them deal with the trauma, personally I don't think so. We have become a world of blamers and claimers and I hate it. Ultimately we all pay, higher insurance premiums etc etc.
Wishing you a speedy recovery
#6
Re: Car Accident - to sue or not!
You are in pain, known and unknown until the CT scan, caused by the reckless of another driver. I also am of the opinion that we are now in a blame society, but, where there is genuine fault and negative results of others actions then you should seek recompense. Financially inconvenienced or not, the physical and trauma should be recognised and allowed for in any claim.
#7
Re: Car Accident - to sue or not!
Hear hear Some of the reckless driving I have seen regularly around Brisbane .... I would not hesitate to sue if it were me, they just don't seem to care that they are endagering others on the road. Hope you start to feel a bit better soon, mentally and physically, Tillysmum.
#8
Forum Regular
Joined: Mar 2008
Posts: 232
Re: Car Accident - to sue or not!
I did not sue them, but have sent through fines that I got from not putting parking permits on the hire car that I was given, as I was in the hospital and for taxi's until I got my confidence back to drive around
#9
Joined: Jan 2006
Posts: 3,376
Re: Car Accident - to sue or not!
After some advice as not thinking straight at the moment.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Go for your life!!!
#12
BE Enthusiast
Joined: Jul 2005
Posts: 430
Re: Car Accident - to sue or not!
After some advice as not thinking straight at the moment.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Last monday I was driving to see a client in works car. I was on the pavement side of road and a long truck was in lane nearest to middle of road. The next thing I knew there was little control of steering wheel and the car was travelling horizontally to the middle of the road (apparently truck driver had decided to move into my lane and not seen me hit me at rear of car) The same truck the hit me driver side on at about 60km (when i saw the truck coming towards me i thought i was gonna die) this shunted me forward spun me around and I ended up mounting the kerb and hitting some metal railings almost head on. Driver apparently has admited it was his fault. Had to be cut out of the car as all door jammed.
The car was a toyota corolla ascent sedan airbag didnt go off!!!!!!!!!!!!!
I hit my head on my door and the window smashed.
my injuries have been, severe headache for 5 days, earache and some tinitus all of which is starting to get better. fortunately no broken bones but have sustained whiplash affecting right side of neck, low back ache and sciatacre (old injury now aggrivated), chest injury from seat belt (bruising and severely restricted what I can lift or push, slowly getting better, cant eve take the dog for a walk as cant hold the lead as she pulls). Hve been seen by physio couldnt do too much as I was still too sore. Seen doctor this am got to go for ct scan on neck as having lots of tingling accross shoulders and occassionally down right arm.
Hubby says I need to think about claiming from other drivers insurance think I'm still in shock as cant quite get my head around it all yet am just really glad to be alive.
Have appointment on wednesday for scan and feeling sick at having to get back in a car even though I wont be driving.
All your thoughts would be most welcome.
Claim for any costs incurred (medical, hire car, loss of wages) that you can't claim from your own insurance. Personally, I would stop short of suing through the courts.
You won't get money personally from the driver, only their insurance company.
#13
Re: Car Accident - to sue or not!
Don't agree with the blame culture and don't think you should sue the driver - just don't like it. Would it make you feel better if you sued him? I understand loss of earnings etc but just hate the mentality Accidents happen and everyone has had an occasion where they go to change lanes and may not see a car in a blind spot. BUT I would find out why your airbag didn't go off. Majority of your injuries wouldn't have occurred if it had worked.
#14
BE Forum Addict
Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: Car Accident - to sue or not!
Personally I think you should sue aswel. You were lucky, it could have been worse, and next time it could well be. I think the higher someones insurance premium is, because of claims against them the better! It might make them think harder next time. Unfortunetly many people don't care that they hurt others, but they do care about their pockets.
Accidents do happen, and if I was to blame for an accident I would expect to pay.
Accidents do happen, and if I was to blame for an accident I would expect to pay.
#15
Joined: Jan 2006
Posts: 3,376
Re: Car Accident - to sue or not!
Hopefully this thread will illustrate to some car drivers out there, JUST HOW BIG a trucks blind spot on the LHS is!!!
When you are undertaking us, the chances are WE CANNOT see you!
When you are undertaking us, the chances are WE CANNOT see you!