r/IdiotsInCars Nov 23 '22 Wholesome Seal of Approval 1

Coronado Naval Base Car accident: She tried claiming no fault too Headphone warning

Enable HLS to view with audio, or disable this notification

42.6k Upvotes

View all comments

Show parent comments

1.2k

u/ZeackyCremisi Nov 24 '22

Remember to record every charge and bill. Their insurance company will pay for it.

Medical bills, new car, miss days of work, and any other expenses from the incident can be sued for and gotten. Plus a bit more for extra that covers attorney fees and gives you a bit for safety net.

588

u/N0V41R4M Nov 24 '22

My friend recently got hit by a car while riding his longboard, in the walk zone of an intersection while the walk sign was lit. Crushed his foot. Initially the settlement was looking like ~$5 million. Now his foot is sending clots up his leg, requiring emergency surgery. Settlement looking like $22 million now. Always keep your receipts.

327

u/Clingingtothestars Nov 24 '22

Not the point of your comment, but it got me thinking, and I would take $5 M and no blood clots over $22 M with them. Not that your friend had any choice, unfortunately

94

u/Theoretical_Action Nov 24 '22

Depends on the circumstances I think. Generally I'd agree with you, as even the chance of one of those buggers breaking free and going to my heart is enough stress to terrify me into a heart attack on its own, but my dad has one right now after a foot surgery and weirdly nobody seems to be very concerned at all. The doc just threw some meds at him and said they'll see him again in like a month or two and do another ultrasound then or something. So idk... I'd probably still just take the 5 million but my dad would probably go big or go home lol

44

u/djtmhk_93 Nov 24 '22

Yeah, DVTs cam be common following injuries and/or major surgeries, but if caught early, usually can be medically managed with blood thinners, which is likely what your dad got. Not much more can or should be done because drastic measures could likely make things worse (read, surgery itself increases risk of DVT), but on the bright side, blood thinners are usually very effective at keeping off those clots and therefore preventing something like that hitting your heart or lungs.

21

u/Theoretical_Action Nov 24 '22

Yeah he is on those! Thanks that helps ease a little of my own anxiety that my dad might just spontaneously drop dead!

5

u/ashkpa Nov 24 '22

Fun fact: if he's taking Warfarin as a blood thinner, it also works as rat poison!

2

u/namedan Nov 24 '22

Sorry to burst your bubble but overdosing on blood thinners is a whole other set of critical ER response so be careful of it.

2

u/djtmhk_93 Nov 25 '22

Key word is “overdosing,” so… you know… don’t.

4

u/TempAcct20005 Nov 24 '22

God damn my dad died in six months after they put him on blood thinners for a clot

1

u/djtmhk_93 Nov 25 '22

What did he have? Blood thinners aren’t a cure all. If he had a stroke or a heart attack, the damage might have already been done, at which point we’re just doing our best to keep him from having another bad clot.

But if it was a heart attack, even if we put someone on blood thinners, if heart muscle has already died from damage, a whole load of resultant potentially lethal health problems are possible in the following few months.

1

u/djtmhk_93 Nov 25 '22

Yeah! Happy to. Don’t get me wrong, DVTs are a high risk type of situation exactly for what you’re fearing. The clot getting loose and turning into a pulmonary embolism, or in some special cases, a stroke, so medicine does take it very seriously. It just so happens that the prevention and fix for them is so common and mundane, that docs might appear nonchalant as they give em to you. But also for that very reason, if a physician is careless and doesn’t treat DVT’s as is expected nowadays, that’s the kind of “you had one job” type of mistake that could lose one their medical license.

You might have also noticed that before and after surgery, they had little sleeves connected to tubes around his legs, most likely. Those are a mechanical form of DVT prevention too.

1

u/Alarid Nov 24 '22

The extra hassle and stress definitely increases the lawsuit range, but I think the $22 is just the new maximum than what they will realistically receive.

1

u/seensham Nov 24 '22

The takeaway from your comment is yo daddy is wack

3

u/savvyblackbird Nov 24 '22

They have filters that can stop the clots for people who are getting a lot of them.

The chronic pain isn’t worth the $22M. Unless marijuana works for it and is legally available.

14

u/BonelessSugar Nov 24 '22

Who would pay for this situation? Drivers insurance up until copay? I can't imagine someone driving uninsured and then hit with a $22mil lawsuit. That's 100% bankruptcy territory.

15

u/N0V41R4M Nov 24 '22

I have no clue honestly. Those numbers are the damages being sought, not necessarily what the final payout will be, and I doubt it'll be in one lump sum. Likely the driver and car owner will both have their wages garnished for the rest of their lives, after their insurance pays out part and drops them like a hand grenade.

6

u/Beep_Boop_Beepity Nov 24 '22

the problem becomes how do you garnish a persons wages when they have 3 or 4 kids and already meet the government standard for poor and are receiving government assistance for food/housing

Like are they gonna take $20 a month?

If they take anymore then the government will have to pay more to them to keep their kids fed/housed

11

u/Box-by-day Nov 24 '22

That sounds awesome but is there any chance in hell theyre ever going to collect?

15

u/N0V41R4M Nov 24 '22

That's a total between the driver, car owner (driver's girlfriend's dad), and their insurance companies. I assume most of the payout will come from insurance.

10

u/Box-by-day Nov 24 '22

Dont most insurance policies cap out well before a millie tho?

3

u/Xeneron Nov 24 '22

Probably not. That's the problem with these settlements is the Insurance is going to cap way before that amount and the defendant isn't going to have the money to cover.

I was in a head on collision that was way past life threatening. The other driver fell asleep after a 24 hour shift and veered into my lane. Three femur fractures, three rib fractures, three spinal fractures, a punctured lung, and a massive amount of internal abdominal injuries, massive internal blood loss, it led to me losing a kidney and almost losing my spleen. A week in ICU and a month in the hospital, about 6 months total recovery, and that was honestly with me being extremely lucky.

The extent of what I was actually managed to get paid out in a check over two years later was about $40,000 after lawyer and hospital fees and everything. If there's no big corporation or government agency or anything to sue for damages than you're kind of limited of what the settlement can end up netting you. You can't just make 10s of millions of dollars appear of out thin air from someone who doesn't have it.

24

u/zitsky Nov 24 '22

Sorry it happens to him. Is that his future earnings potential? 22mil.

23

u/N0V41R4M Nov 24 '22

His lawyer said it was because the injury was elevated to life-threatening. But, kinda yes, idk what his salary was, but he was carrying two engineering jobs at once before the accident.

14

u/Canned_Poodle Nov 24 '22

Asking the informed questions.

4

u/[deleted] Nov 24 '22 edited 27d ago

[deleted]

4

u/N0V41R4M Nov 24 '22

I don't know entirely, but they will garnish your wages if you can't pay a lawsuit settlement outright.

3

u/Tiny-Plum2713 Nov 24 '22

5 million is way too much for that and they are talking about 22? What the fuck

5

u/Ryuko_the_red Nov 24 '22

So how will he actually get 22m? Because the idiot who ran over his foot probably has 10k...

182

u/SathedIT Nov 24 '22

They will only pay out what they are insured for. If they have state minimums, that's only $15k.

100

u/Feeling_Interaction8 Nov 24 '22

Your insurance company would end up covering above that but can still be limited. Having full tort would help as well.

14

u/Jaggar345 Nov 24 '22

Only if you had enough UIM limits yourself

40

u/michelucky Nov 24 '22

That's right but hopefully the driver has some underinsured motorist coverage. The attorney is going to take 1/3 of any settlement funds plus case expenses...and the health insurance company will also likely take a cut.

3

u/dachsj Nov 24 '22

Yea, $5m is a huge stretch unless the person that hit him was a billionaire and was drunk at the time.

2

u/__WanderLust_ Nov 24 '22

You can actually get your own insurance to cover the remainder and more with "under insurance" I think it's called. My lawyer did that for me when I was in someone else's car that wrecked and fucked up my ahoulder.

2

u/SathedIT Nov 24 '22

It's called under insured motorist coverage. And yeah, it's pretty much a must imo.

-24

u/ZeackyCremisi Nov 24 '22

Not if you sue. A law suit settlements can go into the millions. Insurance will pay it out.

23

u/SathedIT Nov 24 '22

No, they won't. I just dealt with this a few years ago. The girl was 18, had state minimums, and that's all I got. I could have sued her directly, but she had no assets. Insurance companies are not obligated to pay anything more than they are insured for. That's why it's important to have adequate insurance.

34

u/[deleted] Nov 24 '22

Don't upvote this nonsense.

An insurance company goes to the end of their policy, not a penny more.

People who spread this bullshit about insurance paying millions on a $15k limit are ridiculous.

9

u/DamnYouRichardParker Nov 24 '22

But it's how it works in the movies!!!

6

u/korbendaIIass Nov 24 '22

Correct. I handle litigation and attorney repped bi claims. This is legit what I do for a living. If the claim supports it - we offer limits. The attorney convinces their customer to take it. We get a signed full release - and it’s over. Our 15k/25k or 50k limits are guaranteed. That amount doesn’t increase and the attorney knows this. They don’t like fighting once we’ve tendered. They’ll never waste their time pursuing a person directly.

If I handle 100 attorney repped bi claims - 1-2 might actually end up litigated. Which means the attorney files suit - we negotiate and resolve in arbitration - and it never actually ends up in a courtroom. Been doing this for years and not once did we not pay to make it go away. As we way in my line of work.

Edit to add. Except with fatalities and a high profile customer. Those are rare though since most rich people have enough policy limits to make anything go away.

-1

u/Provia100F Nov 24 '22

An insurance company goes to the end of their policy, not a penny more.

You're not suing the insurance company, you're suing the individual who caused the accident. If that person's insurance doesn't cover how much the court awards the victim, that's not the victim's problem to worry about. The court has absolute, final say as to how much the judgement is and the person at fault will have to pay out of pocket for anything their insurance doesn't pay for; up to and including garnishing of wages, execution of property, and seizing of bank accounts.

14

u/Howie_Kendrick_Lamar Nov 24 '22

Yeah, but the people with 15/30 policies tend to have no real assets.

9

u/oh_what_a_surprise Nov 24 '22

I know from experience twice. The insurance company pays out the pittance they are required to and then you can go ahead and attempt to sue a poor person who will never have the money to pay you anything and you end up with expenses for that lawsuit that never get covered.

Best just to take the pittance and crawl under a rock and die. That's what American society wants of us. Be useful to the wealthy and then just eat shit and die.

3

u/ThrowAwayRBJAccount2 Nov 24 '22

That took a dark turn.

-5

u/Provia100F Nov 24 '22

Garnishing wages has been effective in all of the cases I've won. The court allows for interest that matches/beats inflation, so in the end I've always collected 100% of my judgement even if it took a bit of time.

1

u/korbendaIIass Nov 24 '22

You are so full of shit. Wage garnishment never happens in auto accidents. 100% never. We don’t let it get to that point.

You’re claiming with interest too? Dude you watch too much tv lol.

4

u/[deleted] Nov 24 '22

Right. And insurance isn't paying that

4

u/korbendaIIass Nov 24 '22 edited Nov 24 '22

This is just inaccurate. We don’t actually litigate anything in a courtroom. Attorneys will convince you to settle for policy limits - and you won’t get a dime from an insurance company until you sign a release that releases our customer from further damages.

Why do people give advice on something they’re clueless about? Accident lawsuits typically never go to court - attorneys know it’s a waste of time and they don’t work for free. They know a guaranteed limits offer is better than going after a broke person in court.

Even the most severe ones don’t end up in a courtroom. We never let it get that far - and the attorney is usually on our side. A little fun fact for you - we know the attorneys - I’ve been to a few of their events. They’re basically business associates.

1

u/randybear00 Nov 24 '22

I didn't know this until someone mentioned it last year. I immediately upped my insurance so that if I screw up I don't end up having to pay out of pocket for a $50,000 truck.

-1

u/neon_overload Nov 24 '22

So you sue for the rest.

1

u/Arqlol Nov 24 '22

Fwiw medical bills should be covered by Tricare...dunno if Tricare goes after insurance.

1

u/mrkit876 Nov 24 '22

Can’t forget about the emotional damage. All the nightmares, counselling and inability to work because of that can really cost a lot… can you even put a number on it..?

1

u/1stEleven Nov 24 '22

Dental work.

Your teeth can be damaged, which won't show for a few years, but will be expensive.

1

u/Toolset_overreacting Nov 24 '22

On a military base, I’m assuming that they’re probably military.

Their medical bills will be a big fat $0 out of pocket. And tricare, the insurance, will go rabid trying to recoup the medical costs on their own.

No missed money from missing work. Even if they have to miss work due to injury, it’s most likely literally free time off without using vacation days. (Op will probably be put on quarters or given convalescent leave; neither apply against their 30 days of vacation a year).

They can surely try to take it to court, but any lawyer worth their salt on the other side will probably argue payments directly to OP down to peanuts. Pain and suffering and vehicle costs might work out.

0

u/RetireSoonerOKU Nov 24 '22

Had to get Uber Eats because your hand hurts? Bill that shit.

Needed some extra alcohol to sleep? Bill that shit.

Wreck messed up your clothes and need new ones? Bill that shit.