car accident question

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My husband got hit head on by a car going the opposite direction that had drifted into his lane. The person behind him couldn't stop in time so she rear ended him. Good thing is he escaped with only a broken hand and some bruises. We filed on both drivers insurances (back and front) and found out the person who rear ended him had expired insurance. We didn't really care because the person who caused the accident was the guy who hit him head on in front. The car was declared totaled, but now Allstate (the guy's insurance company) is saying they won't pay for the full replacement value of the car because my husband was hit in front and back. If you look at the car, you can tell even if he didn't get hit in the back, the car would've been totaled (guy who hit him head on was probably going 55, husband had slowed down to about 45 on impact). Is this normal in a case like this? We were thinking about getting a lawyer, but they take 33% of everything which would probably leave us with the same amount as if we had accepted their offer. We would claim some on our insurance but we don't want to take a hit and we have a large deductible which would mean we probably wouldn't get anything in the end from our insurance. Thanks.

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Given the severity I suspect a lawyer would be a good idea. Your husband should probably get pain and suffering etc. Keep in mind even if he thinks he will be ok who knows... that wrist will certainly be at risk in the future.

Yea in an ideal world the insurance company would give you say 85% of what you would get with a lawyer meaning you get more money and the insurance company pays less.

In reality the insurance company often likes to low ball people without a lawyer meaning you come out ahead to have to pay the lawyer just to get what you should have got in the first place. YMMV obviously sometimes this will fail to be true, but in my few interactions with insurance it has been true.

Agreed, get a lawyer. Your insurance may pay for a lawyer, and you may get some portion of the part attributed to the read end collision from your underinsured motorist coverage.

What did your insurance company say? I dont understand why people dont use their insurance when they get in an accident. You are paying premiums. They will recover your deductable from the other insurance companies

lawyer up.. you'll get more than the car replaced.. what about his head, neck, whiplash etc..
it sound hard that other injuries might not occurred later.

aimlessone said:   guy who hit him head on was probably going 55, husband had slowed down to about 45 on impactSeriously doubt the relative impact speed was 100mpj Dd the car go airibourne?

ellory said:   aimlessone said:   guy who hit him head on was probably going 55, husband had slowed down to about 45 on impactSeriously doubt the relative impact speed was 100mpj

Why do you doubt it? While the speed relative to one another would have been 100, the impact forces would have been half. It would have the same results as a single vehicle hitting a wall at 50 mph. (Mythbusters Episode 143: Mythssion Control: Two cars crashing into each other at 50 mph will result in the same damage (for each car) as a single car hitting a wall at 50 mph. CONFIRMED)

NotSoHard said:   ellory said:   aimlessone said:   guy who hit him head on was probably going 55, husband had slowed down to about 45 on impactSeriously doubt the relative impact speed was 100mpj

Why do you doubt it? While the speed relative to one another would have been 100, the impact forces would have been half. It would have the same results as a single vehicle hitting a wall at 50 mph. (Mythbusters Episode 143: Mythssion Control: Two cars crashing into each other at 50 mph will result in the same damage (for each car) as a single car hitting a wall at 50 mph. CONFIRMED)


Slightly true. If you hit a parked car at 50mph, the damage will be as if two people hit each other at 25 mph. The Myth was "confirmed" because the stationary wall reflected all the energy, whereas a stationary car would absorb half. It was a little misleading of them.

Get a Lawyer because Insurance companies will low ball any kind of medical.

My wife had to and it was BARELY enough to cover medical after lawsuit.

Why are several people throwing in all kinds of comments about medical injuries? OP says her husband is basically fine. Have you ever heard of insurance fraud??

jerhot said:   Why are several people throwing in all kinds of comments about medical injuries? OP says her husband is basically fine. Have you ever heard of insurance fraud??Unless his wife is a medical professional she isn't qualified to determine the extent of her husband's current injuries, let alone the potential for any future injuries, pain and/or suffering.

Look you're not going to say some magic words to the other party's insurer that will get them to voluntarily pay you what you want - besides "I'm going to have to get a lawyer if we can't resolve this ". And you really need to be willing to do it

You don't really need a lawyer for your property damage claim or lose 33% if you simply go through your own insurer . Even if you have $1000 deductible your insurer must reimburse that when they collect from the other insurer , so you will not lose a penny except for having the not at fault collision claim on your insurance history

Now - you absolutely need a lawyer for The personal injury and pain/suffering . For a collision you describe I wouldn't be surprised to see a $20-50,000 settlement before trial . If you take what the insurance offers you without hiring a lawyer you'll be lucky to get a few grand , if that



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