Overreaction to a minor accident

[Dennis Gonzalez]

Hey boys and girls...I've already posted the beginning of this story in another thread, but I want to share it again with you, because the plot has thickened. I know you all have similar stories, and I'd love for you to share it, because I don't want to feel alone in my plight.

Two weeks ago, a distracted woman on the way to a wedding rehearsal here in Dallas - she was visiting from Mississippi - slid into a truck on a rainy slick street. The truck's trailer then slammed into my X-Terra. My car was disabled; her insurance company towed off my car for repairs and supplied me with an Enterprise rental car (actually a little black Chevy pickup), but, of course, I took out daily insurance on it in case of an accident, G_d Forbid!

Tuesday, after the I'd voted, I went to Borders Books, just two blocks from my high school to look for some music books for my guitarists at North Dallas High School. As I was leaving, I pulled out onto Lemmon Avenue, a big one-way, heavily-traveled street, and a guy in a big expensive SUV slammed into me from behind. He just didn't see me.

In Dallas, it's the law that if there are no injuries and the cars are moveable, they need to be moved off the street and the drivers are to exchange information and be on their way. Since the little truck was moveable, as was the guy's SUV, I turned the corner to pull my car out of traffic at about 5 mph...the guy who hit me thought I was fleeing the scene of the accident (at 5mph? Yeah, right), so he floored it and swung around me in heavy noontime traffic and began honking and flailing his arms, almost hitting 3 or 4 other cars while doing it, trying to get me to pull over, which I was doing anyway.

When I entered the Borders parking lot, he jumped out of his SUV and began yelling at me, saying, "Why don't you watch where you're going? I can't believe you pulled out in front of me! You shoulda been more careful! I can't believe you did this!...." at the top of his lungs, over and over (Of course, looking at the damage on the two cars and the accident reports, my insurance company found that he had indeed not seen me and slammed into me). After my listening to him yell at me, he got on his cell phone and called three or four people, and then came back even more furious and began yelling again.

I asked him to just quit ranting and give me his information and I'd give him mine and we'd be on our way...even as we were exchanging info, he kept up his diatribe.

Well, you guessed it, he filed a claim against me the minute (with my insurance company) he got in his SUV, and as I've said, the evidence worked against him, and his claim was denied.

Well, yesterday, I got a message on my cell phone: "Dennis, this is Chad _______. You slammed into my car on Tuesday. My claim was denied. If I don't hear from you in two days, you'll hear from my lawyer."

OK, here's the part I need help with: When I called my lawyer to help me out, he gave me the choice of Plan A (my insurance company will handle it, not to worry), or Plan B (aren't you just a bit sore and banged up from the guy rear-ending you? Yes? We'll take X-rays and get a doctor to work up your injuries, and if the guy keeps harassing you and won't settle out of court...).

Yes, I'm sore and twisted, but I've nevr done this before, and nobody's harassed me or my family in this way before.

WWYD? (what would YOU do?) Take him for all his worth if he continues to harass me and teach him a lesson? Or just let it ride and let the insurance company take it and risk them letting him win, which is a possiblity?

[Root Doctor]

Man, you look awful after that accident. I bet you have loads of internal injuries and a growing aversion to getting behind the wheel.

[John B]

It sounds like the other driver has already determined how this is going to progress. You need to take care of yourself and your family and make sure all of your bases are covered. Get yourself checked out. I would never recommend faking an injury, but you should have a record of the real after-affects of the accident.

Plus your posting does seem to be a bit shaky and pained.

[Coda]

Listen to your attorney. Don't let any time go by, take his advice immediately, go to plan B, but also pursue plan A. You want to stay in control of the events and the best way is to get evidence that supports your side. Your can always decided afterwards not to pursue a claim.

[Slurpy]

Originally Posted by Dennis Gonzalez

[B](Of course, looking at the damage on the two cars and the accident reports, my insurance company found that he had indeed not seen me and slammed into me). Yes, I'm sore and twisted, but I've nevr done this before, and nobody's harassed me or my family in this way before. WWYD? (what would YOU do?)

Sue the mofo, you're covered if the insurance co. says it's his fault.

Hope your neck and back heal properly. Injuries like that could effect your
ability to work and support your family. Good luck.

[bluenoter]

Dennis--

Forgive me if I'm getting this wrong: Your insurance company already denied one claim of Chad's. Surely it's unlikely that they'd uphold another claim of Chad's.

I remember little about this incident, but once I was injured when the cab in which I was riding made a sudden stop. I got a lawyer and visited a doctor--some kind of specialist--a couple of times, but the resulting doctor bills and prescription drug bills weren't large enough to be "damages" of any decent size. (I had aches and pains for a couple of weeks, but that's all.)

I would have gotten so little money after the lawyer took his cut that I decided to forget about it. I didn't want the aggravation or trouble of pursuing the matter, even through the lawyer.

You once said that you like to let the universe take care of things. If it's your lawyer's feeling that Chad wouldn't prevail in a new claim, just as he didn't prevail in his first claim, I advise you to let it go--i.e., let the insurance company handle it. Also, I don't know how well you know your lawyer, but he may be overly eager to drum up a little more business for himself at the expense of your truly best interests.

Edit: Whether it's legal or not, it sounds to me as if Chad might be trying to bluff you into making a private payment to him. Don't do it (duh)!

Edit: But yes, as others have advised you, document all related medical expenses and diagnoses--retroactively, if necessary. That keeps your options open. And yes, be sure to get all the tests, diagnoses, treatment, advice, and prescriptions you need--"for your own health and peace of mind," as Scott said.

Get well soon!

[claude]

Hey Dennis,

Sorry for your bad luck.

However tempting retribution may seem I have found that it isn't worth the emotional cost. Having said that this guy does seem to be very deserving of retribution. Just remember that it will cost you too.

All the best

Dennis,


Having worked in radiology for a few years, I can tell you for certain that sharp shocks to the body like that can indeed create injuries that may not be felt for days, weeks, and in some cases, even months.

I'm not suggesting faking anything, nor would I condone such behavior, but you really should see a physician and get a complete examination as well as x-rays.

Fuck this potatohead, he's got nothing. But do it for your own health and peace of mind.

[graypencil]

Sorry for your bad luck Dennis ..It brings back many years of memories about Dallas drivers in general.

If the guy wants to be an continuing asshole about this ( even after his insurance co. telling him he has no case ) , I get your lawyer to turn him into burnt toast ..( of course, AFTER running a D&B on this dork to make sure he's solvent )

A similar incident happened to me a couple years ago ..I war rear ended because I'd stopped making a right turn to allow someone to clear a crosswalk and the woman behind me wasn't paying attention ..

A cop came ..we traded insurance info ..hers turned out to be bogus ..so I was stuck with having to pay $250 deductible for uninsured motorist because SHE gave bogus information! ..and she was never arrested after the fact ..

so ..sue the s*** out of this mofo!

win one for the ol' Pencil!

[Sergio Zamora]

Sorry to hear about your long and painful stay at the hospital, Dennis. Let us know when the body casts come off a few months from now

[Enforcer]

Let me start out by saying that I do not handle situations like this anymore. But this type of thing has happened to me more than once, and my friend Rob still loves to repeat this story (he was a passenger when it happened) to our mutual friends whenever I see him.

I was, I think, 19 years old, and this guy rear ended my car in stop and go traffic on Woodward near Eight Mile. I was driving this gigantic, old Cadillac Sedan DeVille, and this little compact car behind me taps my bumper. I didn't really care about my junky old car at that point, but I got out to inspect the damage and exchange insurance info with the guy. He's about 25 or so, I figured, and he is putting on a Golden Globe worthy performance. He's telling me his neck is frozen from whiplash and he can't feel his toes. He's going to sue me for all my money, and my father's money, etc. The only thing he was missing was the already-in-place neck brace. There wasn't a scratch on his car, so far as I could tell.

I wasn't the least bit upset about the accident before I stepped out to meet this guy, but for some reason this whole drama thing just made me snap. I opened my trunk and pulled out my baseball bat (I keep one in the trunk "just in case" something happens when I'm unloading groceries, etc.), then held it a few inches in front of one of the headlights. I said, "Since we had a bad accident, I guess the whole front of your car was smashed to pieces. That's a f**king shame, huh?"

The guy called me a bunch of names and got back in his car. He was screaming at me through the window as he drove off and was still saying something about taking all my money or whatever. Good times, man. Good times.

[jesus marion joseph]

As long as your insurance company is on the hook to defend you in the event a lawsuit is filed against you, I'd be inclined to ignore this asshole, and let the insurance suits deal with his lawyer.

[Chris D]

From what I have experienced through the years, Dennis, the rear-ender is ALWAYS found to be at fault. This tool will lose, but he can (and indeed already has) make your life more complicated.

Unless you've really got a medical condition that needs costly care, though, litigation on your end would probably me more agita than it's worth.

[HenryMc]

Dennis

Im with JMJ - as long as you've paid the premiums i'd be imclined to let the Insurance Co cover it...mind you post trauma injuries sometimes dont manifest themselves immediately!

Originally Posted by Chris

the rear-ender is ALWAYS found to be at fault.

Yep.

That was the rule in Florida, at least.

[mke]

Dennis, you seem to be having a spate of accidents recently, I hope that it ends soon!

You do seem a little blurry in your avatar.

[Monte Smith]

Hose that bastard.

[Chaney]

My guess is that Chad is all hot air. If he intends on starting a lawsuit -- that is, if he can find an attorney who'd take his silly case and a court that'd hear it -- let him. Allow your insurance company's attorney to defend you; after all, that little expense is included in all our premiums.

It's very easy do pull the I'LL SUE YOU crap. Let him try. If I were you, I'd get some satisfaction in knowing that dick Chad is so royally pissed and that he'll ultimately get nowhere.

[hornplayer]

Originally Posted by Coda

Listen to your attorney. Don't let any time go by, take his advice immediately, go to plan B, but also pursue plan A. You want to stay in control of the events and the best way is to get evidence that supports your side. Your can always decided afterwards not to pursue a claim.

Coda's right, Dennis... Besides, you may not thing you were really injured, but oftentimes injuries don't show up right away, either on the xrays or in your body. Small-of-the-back whiplash sometimes doesn't show up until much later, but its effects will be with you the rest of your life. I'm speaking from experience.

[Gary Sisco]

Let your insurance company pay for the lawyers, D. That's why you pay them.

[Gary Sisco]

Of course, if they're anything like the insurance companies we deal with, once they've paid your claim, they'll drop you.

[Tom Storer]

There are two issues: how to react to Chad's threat to sue, and how to handle any physical after-effects of the accident. It does sound like Chad is a mere blowhard without a leg to stand on, so I'd say let the insurance company handle that. However, as Scott suggests, you should get yourself thoroughly examined and X-rayed to be able to bring suit justifiably if any injuries do end up by disrupting your livelihood and physical well-being.

Another alternative would be to send Larry and Gary around to Chad's house for a frank exchange of views. They may feel the need to arm themselves defensively with baseball bat and automatic rifle, respectively-not that I would recommend anything illegal.

[Gary Sisco]

Whenever someone gives me that "sue" shit, my response is always, "So go ahead. It's a free country. You want to pay a lawyer, help yourself." Haven't been sued yet.

If the man called me on the phone after all of that, however, we probably would have a frank exchange of views, since apparently he has forgotten that I'd have his phone and address as well. Dipshit. Calling me on the phone would have been the trigger, if he wanted me to go off.

[Dennis Gonzalez]

Thanks to all for your responses and your stories. I know there are some infuriating things about auto wrecks and lawsuits and threats in general, so keep on telling me your stories.

Let me update you all. Since I called my insurance company and reported the harassment by telephone, my claims adjuster has called me back and told me that he would call the perpetrator and warn him off...it's standard practice in cases like this, as jmj and others have so wisely stated, for the insurance company to deal with these assholes. So, apparently my "friend" Chad L. was called by my claims dude and told that if his lawyer is to speak to anyone, it will be the insurance company lawyers, not Dennis Gonzalez. He has not called me back and I've been instructed not to take any calls from Mad Chad.

I decided to go to see Dr. H. yesterday, and after some range-of-motion evaluations, and after talking out the accident events, he pointed out some damage in my neck/shoulder tendons and strained muscles, and took 5 X-rays.

On Monday he will recommend a course of treatments, after having the radiologist look over the bone picture.

It is so cool to have pals to share the shit as well as the good times with. It made my burden easier and eased my fears. Now if I will just quit jumping at every loud noise...

[RainyDay]

Originally Posted by Dennis Gonzalez

Thanks to all for your responses and your stories. I know there are some infuriating things about auto wrecks and lawsuits and threats in general, so keep on telling me your stories.

Let me update you all. Since I called my insurance company and reported the harassment by telephone, my claims adjuster has called me back and told me that he would call the perpetrator and warn him off...it's standard practice in cases like this, as jmj and others have so wisely stated, for the insurance company to deal with these assholes. So, apparently my "friend" Chad L. was called by my claims dude and told that if his lawyer is to speak to anyone, it will be the insurance company lawyers, not Dennis Gonzalez. He has not called me back and I've been instructed not to take any calls from Mad Chad.

I decided to go to see Dr. H. yesterday, and after some range-of-motion evaluations, and after talking out the accident events, he pointed out some damage in my neck/shoulder tendons and strained muscles, and took 5 X-rays.

On Monday he will recommend a course of treatments, after having the radiologist look over the bone picture.

It is so cool to have pals to share the shit as well as the good times with. It made my burden easier and eased my fears. Now if I will just quit jumping at every loud noise...

I'll kick my own ass for this I-told-you-so comment but getting attention after an accident is a good idea. I'm certain the back and neck trouble I am having today is because of the car accident I mentioned on the other thread and a bad bike accident some years before that. I never had them treated.

I'm a single woman so my first reaction to Chad is the possiblility of a restraining order. But it sounds like he stopped calling you so it's probably cool. I so don't believe in taking shit from anyone, any time, any where.

[kh1958]

The guy hit you in the rear. He is almost certain to be found liable. He can bluster all he wants, but he is going to pay for the damage (or his insurance company will). I bet he was speeding, in addition to not paying attention.

This confirms that all those rude, obnoxious, selfish, reckless, aggressive drivers I see every day in Dallas are showing their true personalities.

[Cem]

Dennis, I'm sorry you have to deal with all this bullshit. Only one recommendation, of which you're probably well aware: Do not become an unsuspecting victim by getting sucked into the lawsuit game. Let others deal with it. Idiots are everywhere. If we gave all our energy to this stuff, we'd all be walking timebombs. Hope you are ok and healthy all around, partner.

[Dennis Gonzalez]

Originally Posted by RainyDay

I'm a single woman so my first reaction to Chad is the possiblility of a restraining order. But it sounds like he stopped calling you so it's probably cool. I so don't believe in taking shit from anyone, any time, any where.

I've had offers - lots of 'em - to "take care" of this young fool. And it had entered my mind that he would escalate his threats, but hopefully the insurance company has been straight with him about what will happen now, and if he's understood, maybe he'll back all the way off. We've not heard from him since the call last Thursday.

Today I'm supposed to go get my consultation with the doc to see what's up with my neck. The 1000 miles road trip with Yells at Eels to Lawrence, Kansas, was not as bad on my neck and back as I thought, though I woke up this morning with the back of my head hurting.

Originally Posted by kh1958

This confirms that all those rude, obnoxious, selfish, reckless, aggressive drivers I see every day in Dallas are showing their true personalities.

You got it. That's exactly what this asshole is.

Originally Posted by Cem

If we gave all our energy to this stuff, we'd all be walking timebombs. Hope you are ok and healthy all around, partner.

Normally I would be thinking of ugly scenarios that could befall those who mess with me, you know, I go to Negativeland, but this time, I have gotten so much support from my friends, here in this world and in the virtual world, that the thoughts are eased. You're absolutely right about the timebomb thing. Going postal is not for me!

[RBS]

Originally Posted by Dennis Gonzalez

Well, yesterday, I got a message on my cell phone: "Dennis, this is Chad _______. You slammed into my car on Tuesday. My claim was denied. If I don't hear from you in two days, you'll hear from my lawyer."

The guy is a major league yahoo. I'd do exactly what you're doing. Then I'd tell him if he ever calls me again, you'll sue HIM for harassment.

Then I'd have Lois delete this thread. This guy sounds like such a jackass that he might try to "google" you.

[Enforcer]

Chad = Tim Kroesen?