Car accident advise

Cadamsxo · August 2014

This weekend my husband, 4 year old son, and I went camping and on our way home got in an accident.

We were on our way home and made a pit stop to eat before we made our big stretch home. It had just started to rain, and as we pulled off the road I noticed my sons door wasn't shut properly so at the next red light (fairly close) we were going to open and close it again. There were about 10 cars infront of us that stopped at the red light and as soon as we stopped I pulled my seatbelt a little (by my chest) to lean back towards my son and we got hit. I don't remember exactly what happened. I just remember taking my seatbelt off to make sure he was okay and seeing blood thinking he was bleeding to realize it was me! There's a huge spider webbed crack in our windshield right infront of my seat from the inside. I don't remember but my husband said I hit the windshield and I'm guessing hit the dashboard as well due to my bloody nose and extreamly painful upper lip and teeth. I don't know why the air bags didn't go off but they didn't.

The guy who hit us said to us and in the police report that he was looking out and did not have his eyes on the road. The speed limit was 50 on this road so we got hit pretty hard. Being hit also caused us to hit an SUV infront of us. Our 2001 Toyota 4runner (that we just bought less than 2 weeks ago!) and the SUV were stuck together and it took two tow trucks to pulled us apart. Our back end is almost to the ground and front is so dented in. We think it's totaled but won't know until tomorrow.

(Sorry this is lengthy)

Anyways we were able to drive it home (very slowly) and I went straight to labor and delivery where they watched my baby girl. I got hooked up to an IV because my amniotic fluid was very low. I had some contractions but overall everything looked good. (Thank The Lord! She's our rainbow baby, and idk what id do if something happened to her). My son and husband went to the ER and they got sent home. My son seems perfectly fine but my husband hit his head on the stearing wheel and is having back neck pain. Today my back is hurting pretty bad.

Anyways I'm asking for advise we've never been in an accident before and don't know how this works. Will we be responsible for hitting the car Infront of us? To go to the ER cost us $300 and will we have to pay that or will insurance cover it? I'm not looking for money. I actually feel bad for the guy and he kept saying how sorry he was. His car is a goner, and I know accident happen. I just don't want to have to pay all this stuff and lose a car. We've had 1 car for 5 years and just finally got a 2nd one after saving for a long time.

It couldn't have came at a worse time. We just moved, bought a car, my husband works full time and is finishing his masters, and our baby is due in 6 weeks! This camping trip was supposed to be our last fun thing before we just relaxed and got ready for our girl now we have to deal with this.

However, I'm counting my blessings it wasn't worse! TIA

ASmallWonder · August 2014

Because you hit the car because if being hit the guy who hit you will be found at fault and his insurance will pay for all the damages. Make sure you replace your sons car seat before he rides in it again and put the claim in with the insurance. Also replace the infant seat and/or base if you had it installed. Neither seat is safe to use again. Glad you're all ok!

caballablanca · August 2014

The guy who hit you should be responsible for the damage to your car and the cars in of you. Also his insurance should cover all medical costs I would think. When my dad got rear ended like that no one got hurt so I'm not sure on that, but the guy who is at fault is responsible for all damage.

Cadamsxo · August 2014

Thank you!! The police man did say that about the car seat too. I would've never known. I was wondering can you just throw it away though?

caballablanca · August 2014

I would cut the straps so no one goes dumpster diving and tries to use it.

ASmallWonder · August 2014

It's best to cut the straps and put it in a black trash bag. You'd be amazed how many people would take it from your curb

Also WTG for that cop! They don't usually know (and don't have to of course but I'm impressed)

uksteph11 · August 2014

That is not necessarily true. You may be liable for damage to the car you hit, but not for the damage to your car and medical bills. You should call your insurance company to find out for sure and possibly consult with a lawyer. Piece of advice from experience, don't sign anything or take a check from either insurance company until you have all of the answers. I was hit from behind and ended up hitting the car in front of me. I called my insurance company and they offered me a check for my car because they said it was totaled. I took the check and later was hit with a huge bill for the car I hit in front of me. My insurance company would do nothing because they said the incident was closed when I accepted the settlement. I contacted a lawyer, but was told there was nothing I could do. Good luck.

Leysin97 · August 2014

Before throwing out the car seat I would talk to your insurance company as it might be covered under your insurance for replacement. Also it depends on the results of the investigation as to who is responsible for the car in front of you. When I initially got in a wreck similar to yours my insurance said I would be responsible for the car in front of me. The guy who hit me however called his insurance and mine and took full responsibility for all vehicles through his statement. I would talk to your insurance company they would know best.

Cadamsxo · August 2014

Thank you so much everyone, I really appreciate it. We called our insurance and am waiting for a call back.

Cutiecruz327 · August 2014

I don't have any advice, just wantef to sayI am glad you all are going to be ok.

cozybluebear · August 2014

My brother was hit from behind and pushed into a car. He was held responsible for hitting the car in front of him even though it wasn't his fault. His insurance company fought it (easy fight) and he able to get out of it. The couple that he was pushed into sustained very serious injuries and decided to sue... they were not able to sue the person who caused the accident so they sued my brother!! It was a long fight but he was able to get out of it. Like him, you did nothing wrong. Though it may take some work, you should not be liable. I'm so glad you weren't seriously injured. I know this couldn't have come at a worse time though. Hang in there!

MallardDucky · August 2014

I just wanted to add that if your call the actual car seat manufacturer they might replace the seat free of charge. They ask for the current seat in return and will even send out shipping labels and such so they can test the seat.

Ours did this after my wreck. Saved time from going back and forth with who's insurance is going to take care of it.

saraeric · August 2014

First of all, glad to hear everyone is okay! I can't even imagine how scary that must have been for you. In college, I was the front car in a 3 car accident. The car that did the initial hit, pushed another car into me. The car that caused the accident paid for all damages in my car and the other car. Dealing with insurance is such a pain, hope it goes smoothly.

AnnieRoo13 · August 2014

Call your insurance company. No one here can answer your questions with 100% certainty because they're not trained or licensed in insurance and they don't know where you live. Insurance varies from state to state and so one person's experience (or brother or mother) will not help you. Yes, you need a new car seat and it should be covered and yes your medical bills should be covered to some extent as well. Other than that you need to talk to your insurance company ASAP and ask them all your questions.

LucilleAustero · August 2014

elmoali said:

Because you hit the car because if being hit the guy who hit you will be found at fault and his insurance will pay for all the damages. Make sure you replace your sons car seat before he rides in it again and put the claim in with the insurance. Also replace the infant seat and/or base if you had it installed. Neither seat is safe to use again. Glad you're all ok!

This 100%. My father and DD were in a rollover into a tree when she was 18 months old. We did not realize that carseats, even if they look fine upon inspection, are not longer considered reliable after even minor accidents. Our was not a minor accident, but the carseat looked perfect until it was taken apart and we saw that the frame cracked in half, as it is designed to do to absorb the impact.

Very glad that you and your family are okay and I hope that your husband's pain improves quickly.

Alygohome · August 2014

I was rear ended by a driver going 110km (I think that's 60 mph?) while I was stopped at a car accident, like you I was turned and I ended up dislocating my shoulder, tearing everything in my back/neck down to my tailbone. We did not hit the car in front of us. I was off work for 8 months. Thankfully my husband wasn't hurt. The other persons insurance paid for the repairs to my vehicles (26k!!!) my medical bills (I live in Canada so only my physio/chiro/massage wasn't covered under health care) my missed time off work, the gas for my husband to drive me to my three day a week physio, our rental vehicle for 5 months while our truck got fixed, they paid him $25 per hour for all the hours he did housework (since I was the main person, which I found crazy, I don't get paid) as well as pain and suffering, I DID NOT end up taking them to court as by the time I was able to take care of myself I was sick of dealing with insurance companies, but make sure you keep all receipts of everything you needed and ask to be reimbursed. \

Also, make sure that you get the medical attention you need, if there is a problem and you leave it, it could make it worse. We ended up using up ALL our savings on physio in the months after the accident but as we were not at fault we ended up being reimbursed two years later when the insurance company settled. We were told IF we hit the person in front of us, our insurance would pay for their damage and half the front end damage on our vehicle. (the guy behind would have paid for the other half) I work in insurance and it is vastly different from place to place though.

Here you are supposto leave two car lengths as well, we were pushed 8-10 car lengths (We were in a truck and she was in a car, she ended up coming under our truck back end and out of the side and hit oncoming traffic after) thankfully my husband ended up missing all the people in front of us as they saw it coming and a few ppl hit the ditch to get out of our way. So sometimes even two car lengths is not even close to enough.

OP I hope you are feeling ok, I couldn't imagine how scared you were and I hope you all a speedy recovery!

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