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OT: Car Accident and Insurance Question

Sue that Truck Driver and his company
I still don’t understand this whole situation. Truck hits pedestrian- no fault doesn’t apply.
the only way pedestrian is paying for anything or their personal medical insurance is if it was found that they were the cause of the accident. And it would have to be very blatant
 
Schmallstate just offered five figures. Since I last posted, my lawyer started playing rough.

What I would prefer is to take the money and give it to charity. I was mostly just angry that Schmallstate took the driver's premium payments for a long time, but was about to get away with not paying a dime to cover damages he caused (and also with the no-fault insurance arrangement in general). Now they aren't. Of course, all they had to do before was buy her hearing aids, and we would have quit this thing, but they refused. I guess Grisham's "Rainmaker" is accurate.

Our lawyer says it is a lowball offer, and my now nearly-deaf wife says "Onward!" After ensuring that we are not going after the driver, who just made a bad but honest mistake, I agreed to it (Somehow my consent is also required, although it shouldn't be).

Incident occurred on April 15, 2019.

edited to add: Sorry, I had forgotten that this was somebody else's thread, and maybe nobody knows what I'm talking about...
 
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Schmallstate just offered five figures. Since I last posted, my lawyer started playing rough.

What I would prefer is to take the money and give it to charity. I was mostly just angry that Schmallstate took the driver's premium payments for a long time, but was about to get away with not paying a dime to cover damages he caused (and also with the no-fault insurance arrangement in general). Now they aren't. Of course, all they had to do before was buy her hearing aids, and we would have quit this thing, but they refused. I guess Grisham's "Rainmaker" is accurate.

Our lawyer says it is a lowball offer, and my now nearly-deaf wife says "Onward!" After ensuring that we are not going after the driver, who just made a bad but honest mistake, I agreed to it (Somehow my consent is also required, although it shouldn't be).

Incident occurred on April 15, 2019.

edited to add: Sorry, I had forgotten that this was somebody else's thread, and maybe nobody knows what I'm talking about...
Good to hear something is moving forward for you and your wife. I still don't understand how a car hitting a pedestrian would ever fall under no fault as your wife was not driving a car. But glad it is moving ahead for you
 
Good to hear something is moving forward for you and your wife. I still don't understand how a car hitting a pedestrian would ever fall under no fault as your wife was not driving a car. But glad it is moving ahead for you
Thanks, YesRutgers. And I don't really understand that either.

We feel surprisingly reserved about it; we were both raised not to expect money for nothing. I just don't like how the laws are rigged, so this gives me satisfaction.

I think they count on most people just not bothering. I'd kind of forgotten about it until recently, actually....
 
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I think the count on most people just not bothering.

That's exactly what they count on. Insurance companies are notorious for not paying claims or ignoring them altogether. Some have even gone so far as to have their actuaries calculate what percentage and types of claims to deny.
 
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We did tons of things wrong if we were trying to get rich off this. For starters, we hired a nice lawyer (who is a friend) who wasn't extremely experienced at this. Also, like me, my wife is a "get-out-of-bed-and-go-to-work-unless-you're-dead" person just like me. (She is a teacher, and was walking across a parking lot to attend her student's lacrosse game). This happened on a Tuesday. She went to work on Friday with a sore, bruised body, bandages on the back of her head, and new hearing aids in place. I'm sure AulStayt knows that ("see, she wasn't injured at all!!!")
We actually ended up with a pile of loot out of this. Our "nice" lawyer turned out to be pretty tough.

It's not in my nature to take money for nothing. I work about 70 hours a week and have a very strong work ethic. But some mitigating factors have given me peace with it (LOL, peace with being given money).

In my view, the insurance industry has instituted a major scam with this no-fault insurance, which allows them to largely ignore the damage their customers have caused and that they are supposed to be liable for. There is no longer any mechanism or incentive for them to provide the compensation that they are contracted to provide, unless the customer goes to great lengths to force them to.

Unless I had spent three (edited: it was three years, not two) years fighting them, Schmawlstate would have paid exactly zero dollars for what their driver accidentally did, and they are contractually obligated to provide compensation for, even though they have accepted his premiums and counted that money for decades. That is criminal to me.

They were happy to pretend that my wife's immediate hearing loss had nothing to do with their customer's truck knocking her down, causing her head to slam onto the asphalt. They are lying sacks for that, and I was determined not to let them get away with it

Also, my own company pretended that they were going to pay 95% (or something like that) of our bills. But in practice, they meant 95% of the discounted rates that medical providers charge them. When the portion of the unpaid bills were sent directly to us, they were not at the discounted rate. So we paid a ton of money for those.

I mean no disrespect to any of you who work in the insurance industry. I work in pharmaceutical research, another maligned industry, and I know how it feels to get bashed like this. It's not personal.

ETA: in the beginning we said that if they paid our bills, and bought the expensive hearing aids needed so my wife (who also has a strong work ethic) could work and live as best she could with this new disability, we would settle for that. But they gambled that we would give up, and said "No."

So, I think the fat lady has sung on this one...
 
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We actually ended up with a pile of loot out of this. Our "nice" lawyer turned out to be pretty tough.

It's not in my nature to take money for nothing. I work about 70 hours a week and have a very strong work ethic. But some mitigating factors have given me peace with it (LOL, peace with being given money).

In my view, the insurance industry has instituted a major scam with this no-fault insurance, which allows them to largely ignore the damage their customers have caused and that they are supposed to be liable for. There is no longer any mechanism or incentive for them to provide the compensation that they are contracted to provide, unless the customer goes to great lengths to force them to.

Unless I had spent three (edited: it was three years, not two) years fighting them, Schmawlstate would have paid exactly zero dollars for what their driver accidentally did, and they are contractually obligated to provide compensation for, even though they have accepted his premiums and counted that money for decades. That is criminal to me.

They were happy to pretend that my wife's immediate hearing loss had nothing to do with their customer's truck knocking her down, causing her head to slam onto the asphalt. They are lying sacks for that, and I was determined not to let them get away with it

Also, my own company pretended that they were going to pay 95% (or something like that) of our bills. But in practice, they meant 95% of the discounted rates that medical providers charge them. When the portion of the unpaid bills were sent directly to us, they were not at the discounted rate. So we paid a ton of money for those.

I mean no disrespect to any of you who work in the insurance industry. I work in pharmaceutical research, another maligned industry, and I know how it feels to get bashed like this. It's not personal.

ETA: in the beginning we said that if they paid our bills, and bought the expensive hearing aids needed so my wife (who also has a strong work ethic) could work and live as best she could with this new disability, we would settle for that. But they gambled that we would give up, and said "No."

So, I think the fat lady has sung on this one...
Glad it worked out and never be ashamed to take money from insurance agencies when it really should be paid.
Interesting thing and I actually appreciate you posted this thread. The NJ no-fault is more f-ed up then I ever thought.

You are correct, if a pedestrian is hit by a car- it does go to no-fault on the pedestrian's auto insurance for medical bills. If the pedestrian does not have a car or insurance, it goes to the pedestrian's medical insurance. If said pedestrian does not have auto or medical insurance, they have to go to the state for state aided insurance.

That is the most F-ed up thing I have ever heard. And this is not just if the pedestrian was at fault. You could be on a sidewalk and have a drunk driver come up and hit you and you still have to go through your own insurance.

so- lesson learned. If this does happen to anyone- sue the living shat out of everyone and gladly take money.
 
edited to add: My lawyer is too nice and I am a straight-arrow. I know that some others would go the Saul Goodman route. They are smarter than me...
Just want to give you what I hope is a vote of confidence on that point. Doing the right thing and not the most advantageous thing is something I understand a bit. That feeling of, I could have.. I should have.. because of what you imagine (and know) others would have done.

You keep being you.. it has worked for you thus far. Forget regret.. it is not for you.
 
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Just want to give you what I hope is a vote of confidence on that point. Doing the right thing and not the most advantageous thing is something I understand a bit. That feeling of, I could have.. I should have.. because of what you imagine (and know) others would have done.

You keep being you.. it has worked for you thus far. Forget regret.. it is not for you.
Thank you. I appreciate that. I try to do the right thing...
 
Glad it worked out and never be ashamed to take money from insurance agencies when it really should be paid.
Interesting thing and I actually appreciate you posted this thread. The NJ no-fault is more f-ed up then I ever thought.

You are correct, if a pedestrian is hit by a car- it does go to no-fault on the pedestrian's auto insurance for medical bills. If the pedestrian does not have a car or insurance, it goes to the pedestrian's medical insurance. If said pedestrian does not have auto or medical insurance, they have to go to the state for state aided insurance.

That is the most F-ed up thing I have ever heard. And this is not just if the pedestrian was at fault. You could be on a sidewalk and have a drunk driver come up and hit you and you still have to go through your own insurance.

so- lesson learned. If this does happen to anyone- sue the living shat out of everyone and gladly take money.
Thank you. I hope this helps somebody...
 
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