TVL65

Back on July 6, 2007 I had just purchased my new TLS from the dealer, the very next morning with just 19 miles on the car I was driving to a local bank when a old lady pulled out & T boned me in the passenger side rear door & quarter panel. The car was repaired for $8,000 but I suffered 2 herniated discs in my neck & a left shoulder injury from impacting the pillar between the front & rear window. We finally went to court today & LOST the case. When I got hit my car spun around completely & was facing NB in the SB lane of the roadway, but the insurance Co lawyer pointed out that the police report made no mention of that & the diagram didn't either. We all know that the diagram will only show the POINT of initial impact to show which vehicle struck the other. When I tried to explain that the lawyer shut me down quickly and questioned my honesty. There were other things the lawyer brought up but he was hired by the insurance company of the woman who hit me & so he knows the loopholes, besides 95% of these case in my county are LOST in court by the plantiff & there is no $$ award. I did get $5,000 though by the other lawyer as a "Kind Gesture" but that will be $1,500 net after my attorney eats it up. My advice? ALWAYS carry a camera in your vehicle at all times!!! IMMEDIATELY after an accident take as many photographs as you can, snap away & keep snapping! Take from different angles, close up, far away etc. It is important to take photos BEFORE vehicles are moved. When you pick up police report read it carefully, if it is wrong tell the PD & ask them to change it or amend it. One last thing, if you are hurt or even think you are, go from the accident scene in an ambulance to the hospital, DON'T WAIT until the next day. These are things a lawyer will pick up on & question you about in court. I waited until the next morning & the lawyer ripped me apart & questioned my credibility. One thing I learned today is that unless I'm crippled in an auto accident, I'll never again sue anyone. It's a complete waste of time IMO. Lawyers are the only ones who benefit, it is their home, their system. I saw 2 of my 6 jurors sleeping today, so were they really paying attention? NOPE. DRIVE SAFE OUT THERE!

wojo1988

damn, so sorry to hear that id be so pissed and want revenge. Those discs could lead to alot of issues in the future. Hope the best for you

Steven Bell

iTrader: (2)

Wow, sorry to hear that TVL. I hope all is well with your health.

proimport

wow thats sucks

stvtec

iTrader: (2)

That's horrible dude. I have family not far from Wanaque, I knew it sounded familiar.

Bearcat94

No offense, but sounds like you should've had a better lawyer.

One that either could win or would know you wouldn't win and kept you out of court in the first place.

Kodiak373

I hope your health and well being are ok, butI think I agree with Bearcat.

If your county only awards 95% verdicts for the plaintiff in your county I'm not sure what pictures would have done for you. Whether your car was in a ditch,upside down, or facing southbound after the accident is irrelevant if the other driver is found to have violated your right of way or having run a traffic control device. Basically If the other driver was found at fault, which kinda seems the case here, does it really matter if your car was facing one way or another, and had you had pictures it still doesn't "prove" who caused the accident.

I am fairly certain that the other driver was found to have caused the accident, or at least found at fault right?

The case you "lost" was probably the money you were suing for your injuries right?

Kodiak373

After reading my post I forgot something.

Your lawyers job was to prove that your injuries/medical bills/pain and suffering was caused by the woman who t-boned you. From what you posted, didn't seem like that happened.

I'm also a little curious about the other lawyer offering $5000 as a "kind gesture". There has to be more than some attorney just giving you this money as if he was just being nice.

paperboy42190

iTrader: (7)

dude you should have hired an attorney....no offense but if you go up against other attorneys yourself you will lose. those guys get paid a lot for a reason. sounds like you had a good case but didnt get a good attorney to help you tell your story. i've been through a medical claim with insurance and i hired an attorney. even after his 33% cut, i still got $xx,xxx. no way i could have gotten that if i went up against the insurance company myself.

paperboy42190

iTrader: (7)

remember, because of how the laws work, its not really about WHAT happened, its about how you tell your side of the story. the lawyers know how to tell it better than anyone. yes its sad how that works but its reality.

408acura

Appreciate all the helpful tips, sucks that it happened but your still alive bro.

Kinetic

omg feel bad for you.

is ok i totaled my G35 before i got my tls and it was a freeway pile up and its my fault im gonna be covering a lot of losses

ggesq

iTrader: (1)

I feel for you too OP I really do, but I feel that there are more details that are being left out to explain why you lost.

stvtec

iTrader: (2)

He did hire an attorney, it says so right in his post.

flyromeo3

no witnesses?

Guiltyox

That sucks man! I hope everything goes well, medically and automotively. Lawyers can be royal, conniving smart POS's that take advantage of your ignorance regarding civil rights. Stay safe and be cheery!

TVL65

I did have an attorney, the other attorney for her insurance company was much better in court, he was sharper & more aggressive. But here's the thing, my health was good before the accident, no neck pain etc now it's everyday. Their defense was I have degenerative discs in my neck & that I'm faking it. I studied my deposition over & over but it didn't matter because the lawyer asked me questions about Dr reports that threw me off. Why the difficulty in winning a case like this? FRAUD thats why. There is alot of it & jurors know it, so insurance company lawyers instill that thought. If you're in a accident & suffer a broken leg or arm CONGRATS! You will be getting $$. But if you have back problems, neck etc lookout, because your complete medical history will come into play & if you complained to your Dr about back or neck pain 3 years BEFORE the accident & he wrote it down the other lawyer will bring it out in court. Years ago a case like this would have been settled out of court with me/you getting $20,000, NOT anymore, insurance companies are fighting them & going to trial. When I get hit again (AND I WILL) I won't care about it, if I have whiplash I'll just live with it. STAY SAFE OUT THERE!

av2600

iTrader: (1)

damn i'm really sorry to hear that man

natedoggydog

Tell us what insurance company this was. That is your only recourse. I will never use them. no..wait.... let me guess....Farmers.

TLtrigirl

iTrader: (1)

sorry to hear about the car, you, and the case. with medical history...yeah it can be a little tricky. x-rays and MRis can only tell you what is currently going on. they don't tell you the time line of the condition of your body. so depending on your age...yes degenerative conditions can be used against you (as most are age related). if you could have proven that the herniations occurred as a result of the accident then you may have had a chance. i'm not trying to be mean about this...just real. not everyone has history of their bodies (full body scans)...so it just makes it difficult to prove. if you went to the ER at the time of the accident and started feeling symptoms from the get go, then you have something. unfortunately most MVA injuries don't rear their head until the next day or days after.

and please dont' say you could live with whiplash. muscle dysfunctions are no joke and can lead to future issues down the road if they are not addressed in a timely fashion. no need to suffer if you can get rid of the issues and fix them/manage them appropriately with the right help (ie physical therapy). these types of cases can go on for long periods of time if one pursues it. sorry that it did not come out in your favor when the other party was clearly at fault (based on what you've posted).

imj0257

iTrader: (1)

Sorry to hear . Try to keep your head up.

ez12a

Damn, sorry for your troubles.

I just ordered a camera mount for my car for this very reason...

sucks having to go to such measures to ensure a fair ruling nowadays.

chapu08

Man sorry to hear the way things ended up in your case. Thanks for share your story, deff is good to know your experience and learn from this. Hope your health gets better with time and you still enjoying driving a TL....

It is amazing how life change in a second, and how we can change other's ppl life if we make a wrong driving desicion.

jpgayan

Lawyers are like tires, don't ever go with the cheap ones. It seems like a good idea at the time but usually winds up in disaster. Sorry to hear you got screwed over. One thing that amazes me, most people despise lawyers but as soon as one is made a judge people respect them like they're God. I wonder if people just fail to make the connection?

xmrgoodcatx

iTrader: (1)

I agree. An experienced attorney or a good a one would have been better prepared to defend you against the line of questioning you mentioned in your OP. It is not like it was his first time dealing with this type of case. Not sure if you did or not but I know when I had to hire an attorney I consulted with about 10 before making a decision. Most were out for money and the one I ended going with I could tell was very aggressive and he was going to fight for me.

Sorry to hear about the bad experience and hope all is well.

thisaznboi88

iTrader: (7)

appeal?

Loh_ji

Sorry to hear about that OP.

HighRevving

OP,
It is apparent that everyone here feels your pain and sympathizes with you. Truly sad story and we are glad you came out of it alive because things could have been a lot worse at the scene.

I think you should take few days off to clear your head from the yesterday’s event at the court. Obviously, you feel you have been cheated and misrepresented.

I also think you should consult another ‘good’ attorney to re-open/appeal the court's decision. Medical technology can prove that you have been injured and the insurance lawyer knows that. Having a good attorney on your side will force the insurance to probably request a settlement outside the court. If a good attorney takes your case, then he/she is smelling the scent of $$ and will try to broker a deal with the insurance lawyer.

Hope you heal fast!

TVL65

Nahh I'm done with it. The whole court system is screwed up. Judges make money & lawyers but the people that are honestly hurt do not. The other insurance company is Allstate & they suck. My insurance broker for them sucked too & when I filed suit against the woman (We were both insured with allstate) they raised my premium. I dropped them of course. Their entire company could burn financially & I wouldn't care. It's sad when you think that crappy drivers can slam into you causing injury & get away with it.

arslamer

Sorry to hear about your accident, and as you have seen first hand our justice system leaves much to be desired.

emeka206

Very Very Very Good advise!!!
You learned a very valuable lesson mister
and I hope you get better With time
ps: You should sell/trade your rims to me, i'll hook you up With some really good massage Women

TVL65

Bro your post made me laugh! THANKS! And I need a massage, but has to have a "happy ending" lol

natedoggydog

Sorry for your dilemma. You both had the same insurance company, Allstate. Figures. They just didn't want to pay you pure and simple. If it were me I'd sue their ass. I'd find a government agency that would be willing to go after them. Wouldn't cost you a dime.

TheChamp531

iTrader: (3)

Go back to court. Next time be prepared with complete answers for all the questions that arise.

Is this small claims court?

rkan121

My brother is sueing Erie insurance for something similar to this. except he was in an accident as a passanger with my friend ( the driver ). He basically got hurt and now they dont want to pay his 30k medical bill. ........ugly

Turbonut

iTrader: (1)

As others might not be familiar with the laws in the Garden State, I'd like to expound a bit on the insurance industry in NJ, to which I assume you are a resident. N.J. has no-fault insurance that also has a threshold or no threshold clause for PIP or personal injury protection. If you chose the no-threshold option, your policy would be about 75% higher, but after an accident in which another party is deemed negligent, you would then be allowed to sue for any injuries, pain and suffering, but if you have a threshold, as the majority do in Jersey, your suit after an accident is limited to only a “catastrophic injury” such as permanent or significant brain damage, spinal cord damage, disfigurement, death, or other acute injury requiring immediate hospital care. N.J.S.A. 39:6A-3.1. Our insurance is @ $3200/year with no threshold and would be @ $1800 with a threshold.

I would say that you have a threshold policy and it seems to me that the lawyer chose to go the spinal cord route to try and receive compensation to which the suit didn’t hold water, therefore no judgment.

HighRevving

@Turbonut,
Threshold policy seems to be a royally fraudulent contract. Having said that, if I had to live in that state, i would certainly opt for the no-threshold for the additional ~$12K/decade.

leedogg

what camera mount did you go with?