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Discussion Starter · #1 ·
So, I was taking my fiance out to dinner tonight, pull up behind a slightly slower vehicle, and decide to pass. I check my mirrors, note the car in the far left lane, but see I, or so I thought, had time to pass safely. I signal, check again, and pull out, just as BAMMMMM!!!!!! Something slams into the left side of truck.

I'm guessing, from talking to a whitness, was that he was doing over 100, and tried to pass me between the concrete center divider and the inside passing lane.

He ended up losing it and hitting me in the drivers rear wheel, then spinning across the three lanes of traffic, and back to again hit the center divider, and another car in the process. I ended up stopping after crashing into his door as he sat sideways.

So, I called the cops, He wanted me to back my truck up, so I'm not sure if he was trying to get away, or what. Anyway, we got a police report, and a lot of sore-ness. The tow guys said my truck is most likely totalled, so I'm hoping there insurance covers everythiing without too much of a fight.

I believe they were ticketed, but thats what the local cops said, the staties handled the charges and investigation.

Anyway, Robyn's back is really sore, so I'm gonna take her to get checked out. I'll update you all tomorrow on any developments.
 

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GEEZ! :shock: Hope yall are OK...

Take my advice. As soon as you get his insurance information / claim officer / whatever, tell them you are BOTH getting an appointment with a chiropractor. Dont wait for something to quit hurting like I did. Even if its not serious now, it could mean arthritis and stuff when you get older.

Hopefully your claim works out a lot smoother than mine. My CRX was totalled, and they're only wanting to give me $600 for it.

We'll be praying for you.

Brx
 

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Man that sucks, glad you guys made it out ok though. Like Mark said, dont wait to see a doctor and the insurance company will try to get you to settle asap. Dont do it, get a lawyer.
 

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Discussion Starter · #4 ·
We went to the ER last night. With all the addrenaline at the scene, nothing hurt. Once we got home, we both were sore. We saw an NP :)/) and he said it was all just muscle strain.

I called the NYS troopers number that was given at the scene this morning. They told me my insurance company would be able to get me a written record from them. Sounds a little strange to me, should it?

My insurance company already called me, at 8:45 this morning. They are going to file the claim with the kids insurance for me. I kinda figure they do this for a living, and I'm paying them, so they can handle it.

The lawyer, I've talked to my parents about it. They kinda said lets see where this goes.

I'm not 100% sure its totalled, but I wouldn't be suprised at all. I think the rear suspension was damaged, and then from the rear wheel forward, the whole truck is smashed. The door frame is smashed in, causing the door to bow out about 3"s at the top. It needs a new fender, hood, grill, bumper was torn forward, I'm not sure how bad it is under the hood, but the truck wasn't leaking, and didn't stall out. I'm kinda thinking of grabbing some photos of it for my own records/memories. The tow guys said it probably is though, but the Camaro can be fixed. He needs a new front fender (passenger), front bumper, and a lot of suspension work up there too. It may have been weight transfer, but his rear end seemed a bit misaligned to me.

BRX: How's your deal working out? anything settled yet? I hope you're getting more than 600 for the car.
 

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Ouch! I hope you make a swift recovery. Make sure you document everything. Keep a log of how you feel, and have your fiance do the same. If you feel pain in different spots, or your pain increases or is prolonged, make sure you see the doctor *each time*. You want to make sure that there is a record of it, and you want to make sure that you are getting the best care so that you recover without any complications.
 

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Discussion Starter · #6 ·
thats what kinda sucks for me... I have no local doctor, mine is 2 hours away, so do I keep going to the ER? IMO, that's screwing the kid over. I guess I could go to the school health center, but I've had bad luck with them.

I don't understand, ok, I guess I do, it was 2:30am when he saw me, the nurse practitioner was more concerned about my elbow, and wouldn't listen to me that I had a pain in my diaghram/ribs.

Anyway, I was playing hockey a couple years ago, and I was chasing the offenseman down, b/c I knew that my defense couldn't skate, and wasn't going to keep up. So, long story short, he panics, we try to skate by each other, and we end up face to face on the ice. My left arm flew out of socket, and I dropped on my butt. I got up, and had no pain, just a bit of a winded feeling, and no movement in my shoulder... my arm was just hanging limp. I wiggled it around, and felt a snap, then I was in tears it hurt so bad. my teammates knew something was up since "teesh" (thats my nickname, since I skate in a Tshirt) went to the bench, lol. I went to the health office the next day, and my arm from the elbow to my armpit was purple and black, and I could barely move the shoulder. The doc there said oh, its a slight sprain, it will get better in a couple days. Yea, that didn't happen :roll:
 

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rex2nr said:
BRX: How's your deal working out? anything settled yet? I hope you're getting more than 600 for the car.
Its not really working out. Im still going to the chiropractor, but my back and neck feel better, though.

They only wanted to give me $300, saying it was worth NOTHING, since it has a rebuilt title...the most I could get them up to was $600, but I told them absolutely not and Id be getting a lawyer. My chiropractor is hooking me up with a lawyer he's friends with. I told them I only wanted $1200 (wholesale value of my car), but we'll see how it turns out. I do get to kep the car regardless... they dont want it at all.

Im taking the engine (D16Z6) and Si tranny out tomorrow, and putting them in my 91 hatch... and Im selling the shell to my brother's friend. Hopefuly I won't end up LOSING out of the deal... If I can get $1600 (from insurance and parting out my car) to pay for the Hatch I bought, I'll be happy.
 

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Hope everything works out for you Scott. Thing to be most thankful for now is that you're both in one piece.
 

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Discussion Starter · #9 ·
So, apparently, the kid who was driving was 17, and just got the car, umm, I guess that day! Mommy and Daddy bought it for him. The kid driving the Firebird, was 16, so he shouldn't have been out driving after 9.

NYS DMV said:
Junior Drivers / Graduated Licensing Law

You must be age 16 or over to drive in NYS. If you have a learner permit or a driver license from another state, you are not exempt from this rule. Drivers under the age of 18 must obey the restrictions described in the DMV brochure, Learner Permits and Junior Licenses. An out-of-state driver under the age of 18 must also obey all restrictions of the state that issued the driver license.

Graduated Licensing Law: A new graduated licensing law begins in NYS on September 1, 2003. The law affects how drivers under the age of 18 ("junior drivers") receive senior driving privileges and changes the restrictions on junior drivers. Junior drivers are drivers who have a driver license or a learner permit of Class DJ or Class MJ.

On September 1, 2003, these new rules began for all junior drivers:

* A junior driver cannot operate a vehicle that has more than two passengers who are under the age of 21 unless a parent, a guardian, or a driving instructor also rides in the vehicle. There is an exception to this rule if the passengers are immediate family members.
* When the law requires supervision of the junior driver, only the supervising driver can ride in the front seat. The supervising driver must be 21 years of age or older and must have a valid driver license.
* All passengers that ride with a junior driver must use the correct safety restraints (seat belts, child safety seats, or child restraint systems).

These new rules apply to junior drivers who have learner permits that were issued on or after September 1, 2003:

* A driver with a Class DJ or Class MJ learner permit must bring to the road test a completed form MV-262 (Certification of 20 Hours of Supervised Driving). The form certifies that the junior driver had a minimum of 20 hours of supervised driving experience. The supervising driver must be a driver qualified by the law to supervise a junior driver. A parent or a legal guardian of the junior driver must sign form MV-262.
* The DMV will issue a limited-use junior license to a junior driver who passes a road test during the first six months after the learner permit was issued. A limited-use junior license allows the junior driver to drive without supervision during specific hours of the day and within specific geographical boundaries. A supervising driver must supervise the junior driver at all other times. Six months after the learner permit of that driver was issued, the DMV will issue a normal junior license to replace the limited-use junior license.
* When a junior driver passes a road test more than six months after the learner permit was issued, the DMV issues a normal junior license.

An additional change in the law began on September 1, 2003 and affects all drivers with a learner permit. The change in the law requires that a supervising driver must be 21 years of age or older.
The time they don't state on the website is after 9, no driving with a junior license. Only way around that is if he took drivers ed classes. Of course that was when I got my license back in '98 before the graduated license laws.

He had 3 passengers in his car. I'm not sure the ages.

His insurance contacted me last night, and want to meet with me to go over injury forms. Nothing has been assigned, in terms of fault yet; however, the other kids claim that they were in the lane, and I sideswiped them forcing them off the road and causing them to spin. :roll: I don't think that will fly too well when they see the entire truck's side demolished.
 

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Discussion Starter · #10 ·
ok, I uploaded pics to my gallery space of the truck.

Still haven't heard much, but we saw a chiropractor today. My fiance is really messed up.

The attendant at the garage said the axle is broken, something is funky with it, I didn't want to crawl under it, but the suspension is not right.
 

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Discussion Starter · #11 ·
We have a lawyer at college, who is free for consultation. I'm going to most likely find a lawyer though, since I'm really seeing this go to court. I really don't WANT to have to go through this, but apparently Progressive has a 180 day rule. If the vehicle was purchased within 180 days, then you get your money back. If it was after, you get blue/red book value. I've had the truck 5 months (150 days). I guess I'm looking at the 1900 I paid for it, which won't be enough to replace the vehicle. They stopped the assessment at ~$4500 in damage.

They also tried to buy me out of any medical claim. If I took the $500 to look up my records, then basically I can't file a suit for my injuries, and all my claims would go through my insurance. Hopefully, they won't be too significant, but Robyn seems like they will be.

So, tomorrow, I will ask the school lawyer who in the area is good. I really don't want to go with the "TV guys," although I have heard they will get you good money. I tried to get someone through the BAR association, but they want a $40 fee just to get a list of auto accident lawyers. I know, I'm being cheap, but I aslo don't want to spend money if I don't have too. Its looking like I will have to.
 

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Discussion Starter · #12 ·
We're doing better, my fiance is still sore, but I'm feeling a ton better.

I guess, unless I go to small claims court, I'm getting 1900. Possibly plus taxes, ect. So, the most I'll be looking at will be 2200. All our medical will be covered.

Even with a lawyer, we really can't sue for much, only enough to cover the cost of a new truck, They are covering all our medical bills, and we luckily came out of it in ok condition. It just seems like I won't be getting anything decent for a car, again, unless we file a suit. I'm not really a fan of doing that either because I will be paying for a lawyer out of pocket, so right there will kill any reparations I get.

So, it looks like I'm either getting a hatch, or another CRX, or some sort of beater. The left over funds will be going into the rex, unless I find a decent truck in my price range.
 

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Discussion Starter · #14 ·
yea, I was thinking a hatch or another CRX. there is an 89 hatch for sale around here for 700, not sure the condition, and a rex for 400, needs minor work. The big plus about either is I know how to fix and diagnose almost anything on either car. I also have a ton of parts laying around for either.

I'm kinda leaning towards the hatch, since it has a back seat, and is a little longer.

Oh, I also forgot to add, the school lawyer I was talking with told me, basically, the only way to get more money is to do an exhaustive search of local dealers, and come to court with qoutes of any vehicle that would be close to my truck. With the amount of time I have right now coming up on finals week next week (RIT is on a quarter system, we have 4 10 week quarters instead of 3 15 week semesters) I don't really have any openings in my schedule for a while to do this. He also advised me to let them cut the check and run.
 
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