Daughter hit in back in an MVA.... insurance questions

[bessiedog]

We're in emergency now..... she says her back is really sore.
Hit happened at 4pm... she said she was a little sore then.

Now she's walking stiff.
Police said they are forwarding the report to our respective insurance agencies.
I arrived on the scene and the driver was a real asshat to me and my girl.

Short story goes, daughter slowed down cause a vehicle in front of her was making a left hand turn. Dude that hit her.. didn't slow down.

So... I hope this isn't serious... but anyone know what I can do if she's actually seriously injured?

Guess we're gonna get X-rays and stuff.


Parenting is stressful man.

[Ken07AOVette]

Talk to a real good injury Lawyer. First consultation is generally free, well worth the visit. Braithwaite Boyle would be a good first call. 780-451-9191

I hope she is ok.

That sucks about the asshat, never helps when they are ignorant.

[gmcmax05]

This ain't the USA. Your daughter will probably get very little if anything in the way of $$ for injury. Depending if the dude was distracted driving, drunk, etc will get charged accordingly

[catnthehat]

Talk to a real good injury Lawyer. First consultation is generally free, well worth the visit. Braithwaite Boyle would be a good first call. 780-451-9191

I hope she is ok.

That sucks about the asshat, never helps when they are ignorant.

This right here says it all!
Cat

[warriorboy10]

She will most likely be much more sore after a few days. And pay close attention to the neck also. Don’t sign a thing as insurance may try to get her to sign a release ASAP.

[ryeguy21]

There isn't anything to do other then make sure she is better. You have lots of time to deal with lawyers. In the short term physio is where you want to start. If there are lasting injuries then get a lawyer.

At 18 months of pain and physio one can apply for significantly increased pay outs via an accident after seeing a specialist. If one doesnt go to a specialist your payout is capped at 5k or so + costs. I wouldn't use a lawyer on a minor settlement. If your doing this then your not that injured.

So no your first thing isnt to jump to a lawyer... support her and be there to see if she's actually hurt. Have her write in a journal to document pain, any appointments and if she's improving or not.

[ryeguy21]

She will most likely be much more sore after a few days. And pay close attention to the neck also. Don’t sign a thing as insurance may try to get her to sign a release ASAP.

Lots of people sign the insurance waivers at the auto body shops not realizing that they shouldn't.

[catnthehat]

So no your first thing isnt to jump to a lawyer... support her and be there to see if she's actually hurt. Have her write in a journal to document pain, any appointments and if she's improving or not.

I would take that as a given and assume in any normal person's mind thsat would be automatic, no one said to contact a lawyer before taking care of the Bessiedog's loved one!:thinking-006:

Cat

[Drewski Canuck]

This is my bread and butter work. As a Plaintiff lawyer, its what I can prove, not what the truth is.

Because of two moving vehicles, the question is whether the force was sufficient to cause injury.

It SEEMS obvious, but no one ever does this. Get photos of the scene ASAP in all directions. This is important if there is any dispute about the change in velocity (Delta V) between two moving vehicles.

Skid marks referenced by land marks so distances can be determined are necessary. An Accident Reconstruction Expert (Collision Analysis for instance) can do a Skid study, but only if there is data. vehicle debris must be documented, as well as physical damage to the vehicles, at bumper level (not standing up).

Next, signed written dated statements from all witnesses, including your daughter.

Finally, do not go and start the vehicle until the black box data has been downloaded.

Older cars overwrote the data continuously. That is why you don't start the car.

Depending what vehicle make and year, it may have recorded the speed at deploying seat belt locks, etc. As a rear end collision, you won't have air bags deployed, but other sensors may have been tripped, like in the transmission.

As for injury, you are in emergency, now get to your family Dentist over the next couple of days and say your daughter was in an accident and you want her JAW checked out (TMD). ER Docs and Family Docs never look at the jaw or the teeth. No one thinks to see their Dentist, unless I am involved and tell them to.

Hope this helps.

Drewski

[ryeguy21]

I would take that as a given and assume in any normal person's mind thsat would be automatic, no one said to contact a lawyer before taking care of the Bessiedog's loved one!:thinking-006:

Cat

Sorry i just read the first line to contact a lawyer... thats a bit odd when you don't know what issues there are. The real good accident lawyers wont take a case from someone
unless they are confident the injuries are long lasting or that the accident victim wont be limited to the soft tissue cap payout that exists.

[purgatory.sv]

Yes .

Take this as gold.

The more information and measurements from the event the better.

It unfortunate we do not practice this .

[bessiedog]

Whelp..... asshat refused to give me any info including name.
Police collected all data.

I asked to take photos... cop said not needed.
We drove the vehicle home.. and to the emerge.

Kinda just wanna make sure kids ok.

Been a looong time since I had to deal with an mva.

I just assumed that insurance companies would handle all this stuff.

Guess I'll go back and take photos-measurements of skids and fluid trail and such.

Goodly set of skids from the guy.

[Drewski Canuck]

Thanks Bessiedog for the update.

Young people usually heal up pretty fast, and I hope there are no lasting problems.

But in the mean time, do the due diligence and that way your daughter is covered off in case of a worst case scenario.

Drewski

[Newview01]

Someone that works for me was t-boned, bad. Ruined his back to some degree for life. Only got around $16k I believe.

[ryeguy21]

you can be seriously injured over 12 months and if you get better you would still be capped at the soft tissue injury rate.

[Okotokian]

What others have said... consult a lawyer. Also don't sign anything for a good long while to ensure all possible impacts are known. My son was hit by a car on his motorcycle. Insurance company paid for a fairly rigourous set of treatments from massages to acupuncture, physio. Have her get help like that and see how she feels in 6 months.

[covey ridge]

She will most likely be much more sore after a few days. And pay close attention to the neck also. Don’t sign a thing as insurance may try to get her to sign a release ASAP.

Along with getting her to sign someone might offer a cash settlement. although temping to take the cash it is best to seek legal advice and give it time to see what potential side effect of accident develops.

Hope she does not suffer any lasting damage.

[Drewski Canuck]

Ryeguy,

While your interpretation of the Minor Injury Regulation is well meaning, it is wrong.

The Minor Injury regulation only applies to "sprains and strains" which are not Chronic in nature. In Sparrowhawk v. Zapoltinsky [2012 ABQB 34] Madam Justice Shelley found that TMJ injuries were in fact "outside the cap". Any generalization that 12 month injuries are in the "cap" is a gross generalization.

Further, the definition of "Chronic Pain" has changed. See Stevenson v. Thompson [2017] ABQB 451. Chronic Pain, that which lasts longer than 3 months, is outside the Cap. (McLean v. Parmar [2015] ABQB).

As such, please do not make vague references to what you think the law is. Someone might rely on your representations to their detriment.

Drewski

[Sundancefisher]

Talk to a real good injury Lawyer. First consultation is generally free, well worth the visit. Braithwaite Boyle would be a good first call. 780-451-9191

I hope she is ok.

That sucks about the asshat, never helps when they are ignorant.

Also. Take photos of bruising. See her family doctor and get a report done. Start a journal immediately and track pain level and loss of function during each and every day. Track when feeling to sore to engage in a planned or normal activity. Track sleeping issues such as waking up with pain. Track drug use when pain killers are needed.

Remember in recovery one still needs to do their part to get better. That means physiotherapy and massage therapy as needed. Following exercises etc.

A good lawyer will take the claim for either hourly or flat. If they think it has lots of money coming they will take the 40% cut regardless of work hours. If minor they may say no or go with an hourly. You would be out of pocket for that.

I did mine on my own. Was my own lawyer and claims representative. Worked out okay for me.

Soft tissue injuries are not typically big claims...most lawyers will pass. Understanding if there is more than soft tissue damage is the doctor's responsibility.

[Sundancefisher]

Someone that works for me was t-boned, bad. Ruined his back to some degree for life. Only got around $16k I believe.

Doesn't sound right. Serious soft tissue after the cap but ~10 years ago was $14K. 3 months of bad pain with gradual progression to good after 1 year.

Can't put brackets around it until you have all the information so research...ask around...track data.

[bessiedog]

Thanks guys for the input

That's tonnes Drewski

Journaling started last November night.
Car photos taken
Site photos taken

Will gather emerg report and cops report.

My girls hurtin today.

I'm a little grumpy today. Need a long run or a hike.

[silverdoctor]

Thanks guys for the input

That's tonnes Drewski

Journaling started last November night.
Car photos taken
Site photos taken

Will gather emerg report and cops report.

My girls hurtin today.

I'm a little grumpy today. Need a long run or a hike.

Sounds like you're on the right track, hang tough. Best wishes to your daughter on recovery.

[CritterCommander]

All the best to your girl for a quick recovery and settlement.

My girl went something very similar and violent and best thing we did was get to an experienced lawyer ASAP. The insurance company at fault (other drivers) was in a race to get things signed off and worst of all made a real stink bid to pay for her truck which was totalled in the incident.

Her settlement provides for ongoing follow up care and treatment if needed. Doctor Dentist and EYE doctor are all important to see, my girls one eye was affected by the impact to the point that she had a partially detached cornea or something similar, anyways, a good lawyer will definitely cover all the bases.

[bessiedog]

..... of course I meant THANKS tonnes Drewski



Stupid phone...

[Sundancefisher]

..... of course I meant THANKS tonnes Drewski



Stupid phone...

Any settlement will go to the child in trust till 18.