got hit from rear end

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not a good start of the year, i would say.
earlier today morning, i got hit by car driving around 35-40 miles. i was stopped completely, his car hit me in rear, rear bumper got a hole like bullet- scratches, and the car pushed ahead bcz of the impact. i also got super high jerk/shock from that.
got information from driver, and he suggested to pay me directly without going through insurance.
only thing is, i am not feeling well, as i have some neck pain now, and i feel it in the neck through some in my shoulder,.
i can wait, and see if it goes away, but i am worried that if it doesnt, i may have to go to hospital. but if i do that, would i have to go through my insurance to report this accident or talk to the guy directly and inform him that i am going to hospital?

and if i dont go right away, would the other guy's insurance company can claim that i dont have pain bcz i dint go right away?
i would rather wait, and not go through his insurance as he suggested me not to go through his insurance and directly call him to discuss the damage and he will pay.


 

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To be fair, it is possible to have minimal (visible) damage even in a 40 mph collision. I've had the unfortunate experie... (more)

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pictures! OP!

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OP's rear end?

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cubbychicagolove said:   not a good start of the year, i would say.
earlier today morning, i got hit by car driving around 35-40 miles. i was stopped completely, his car hit me in rear, rear bumper got a hole like bullet- scratches, and the car pushed ahead bcz of the impact. i also got super high jerk/shock from that.
got information from driver, and he suggested to pay me directly without going through insurance.
only thing is, i am not feeling well, as i have some neck pain now, and i feel it in the neck through some in my shoulder,.
i can wait, and see if it goes away, but i am worried that if it doesnt, i may have to go to hospital. but if i do that, would i have to go through my insurance to report this accident or talk to the guy directly and inform him that i am going to hospital?

and if i dont go right away, would the other guy's insurance company can claim that i dont have pain bcz i dint go right away?
i would rather wait, and not go through his insurance as he suggested me not to go through his insurance and directly call him to discuss the damage and he will pay.


 

  First and foremost, take care of your medical issue. If you have a significant pain, get it checked out by a medical professional. "urgent care" maybe a good option.
Read about whiplash linky 
It is not uncommon for symptoms to show up in the next 1-3 days.

Do not worry about the other person and whether he wants to keep it out of insurance. Only worry about your injury and making sure your are made whole. If going through insurance will get you there, so be it.

Are you even sure the other person has valid insurance that was effective on that day?

I would file a claim. You dont currently know the extent of your injuries and might not for a while. If you file a claim that gives you two years typically to make claims against it. Is he also going to pay you for pain and suffering, as well as diminished value on your car? I highly doubt it, but the insurance company might.

Lawyer up asap. Find someone reputable (i.e., they don't have a chiropractor on speed dial) and follow their advice.

cubbychicagolove said:   not a good start of the year, i would say.
earlier today morning, i got hit by car driving around 35-40 miles. i was stopped completely, his car hit me in rear, rear bumper got a hole like bullet- scratches, and the car pushed ahead bcz of the impact.


 

This is a picture of a 40mph impact.


 It is FAR more than "scratches"

cubbychicagolove;19754751 said i may have to go to hospital.
Second, don't go to the hospital. Go to your doctor

You did stick around and get a police report...... right?

That is a very significant speed impact.  It's not surprising at all that you might have neck issues.  You can call him if you want to, but he's not going to cover medical stuff (probably). 

35-40 MPH???

File a police report (you can even do this online in some jurisdictions).
Call your insurance company.
See your doctor.

Screw the other guy.  How he wants to handle it is not your problem.

Or it wasn't 35-40 mph. See the above picture vs the description of "scratches"

woowoo2 said:   You did stick around and get a police report...... right?
  If I learned anything from watching the day time small court drama, that is it.

 and he suggested to pay me directly without going through insurance. Right. I got the feeling the OP is already getting rear-ended again.

I have seen car held up amazing well when the back-end gets hit since the crumble-zone is at the front end. We had an old 80 era Audi that got hit in the back and the other car was totaled yet all we got was literally, a scratch.

I agree.. if he hit you at 35-40 MPH your car should be totaled. Its more likely that he was going 35-40 MPH, and braked at the last min, and hit you at a much lower speed. No matter the case, you should file a police report, and file a claim with his insurance.

Alternatively: contact YOUR insurance agent/company and report the accident, along with what you know. THEY can decide how they want to deal with the guy and/or his insurance company, and if he actually has nothing then your own uninsured/underinsured coverage might kick in, and/or collision coverage. Getting your version of the story to your own company early on might help protect you if his story changes later -- and you might be obliged to report it to them under your policy terms in any case. (You might want to check on that possibility.)

Last time I ran into this "don't call insurance, I'll pay you direct" biz, low-speed, no-medical in this case: we got the guy a solid repair-and-temporary-rental quote in writing from a reputable local Body Shop, he tried to counter with an offer to pay some fraction of that, so without further ado we took it to our own agent and it was resolved without further hassle or cost on our part. And yeah, he was pissed off... but he did it to himself. Expect shenanigans.

woowoo2 said:   You did stick around and get a police report...... right?
no i did not call police to file report..
 

You did not! <face palm>

daw4888 said:   I would file a claim. You dont currently know the extent of your injuries and might not for a while. If you file a claim that gives you two years typically to make claims against it. Is he also going to pay you for pain and suffering, as well as diminished value on your car? I highly doubt it, but the insurance company might.
just got call from him. he said he's already in accident before, and he prefer that i dont call my insurance about it. he also said big chunk of his salary going to the monthly payment of the insurance, so he would rather settle it outside. bcz he cant afford his premium going up again

he seems like nice guy, but i am worried about myself as well.

cubbychicagolove said:   
daw4888 said:   I would file a claim. You dont currently know the extent of your injuries and might not for a while. If you file a claim that gives you two years typically to make claims against it. Is he also going to pay you for pain and suffering, as well as diminished value on your car? I highly doubt it, but the insurance company might.
just got call from him. he said he's already in accident before, and he prefer that i dont call my insurance about it. he also said big chunk of his salary going to the monthly payment of the insurance, so he would rather settle it outside. bcz he cant afford his premium going up again

he seems like nice guy, but i am worried about myself as well.
 

  You need to be worried about your health and financial interest. Not his insurance premium. If "big chunk of his salary going to the monthly payment of the insurance", chances are he is not in a position to pay out for your total cost/damages from this accident.

Not sure if trolling. In any case, call your insurance immediately.

If he can't afford his premium going up, he can't afford to pay for your car's damage, let alone your medical bills.

cubbychicagolove said:   i got hit by car driving around 35-40 miles. i was stopped completely, his car hit me in rear, rear bumper got a hole like bullet- scratches,   

If a car rear ends you at 35-40, there is lot more damage than a hole or scratches on your bumper. Something's not right with this story.

atikovi said:   
cubbychicagolove said:   i got hit by car driving around 35-40 miles. i was stopped completely, his car hit me in rear, rear bumper got a hole like bullet- scratches,   

If a car rear ends you at 35-40, there is lot more damage than a hole or scratches on your bumper. Something's not right with this story.

  that was his words, not mine. but as far as i know, i dint hear break sound. it was just big shock as he hit my car, and my car got pushed forward some steps,.and i almost hit my head towards the steering.

he said he'll send me check by mail.
is it safe to take check for the damage?

cubbychicagolove said:   he said he'll send me check by mail.
is it safe to take check for the damage?

What check? In what amount? To cover what damages? 
Your medical symptoms can show up in the next 72 hours. You have not seen a medical professional to understand the extent of your injury.

Are you even listening to what is being posted.

cubbychicagolove said:   he said he'll send me check by mail.
is it safe to take check for the damage?

  It's probably forged or bounce, but that's least of your concern.

fwuser12 said:   
cubbychicagolove said:   he said he'll send me check by mail.
is it safe to take check for the damage?

What check? In what amount? To cover what damages? 
Your medical symptoms can show up in the next 72 hours. You have not seen a medical professional to understand the extent of your injury.

Are you even listening to what is being posted.

i was just referring to what he said. that whatever is the damage of car and my medical bill, he will pay by sending me check in mail. i wont be accepting anything right away. also called my doctor, he is out for 3-4 days. so will go to urgent care today.
also will go to dealership to get the estimate for the repair.
i really really appreciate your input.
 

Make sure he sends you a check for about $3000 more than you agree to, so you can refund him the difference via Western Union. Seeing as you aren't listening to anyone else in this thread, I doubt you will read this sage advice either.

Don't worry about the other guys ability to afford insurance.

From the sounds of it, it would be better off for society if this guy was riding a bus.

Drew510 said:   Make sure he sends you a check for about $3000 more than you agree to, so you can refund him the difference via Western Union. Seeing as you aren't listening to anyone else in this thread, I doubt you will read this sage advice either.
 

  thanks for your advise .. appreciated.

cubbychicagolove said:   
Drew510 said:   Make sure he sends you a check for about $3000 more than you agree to, so you can refund him the difference via Western Union. Seeing as you aren't listening to anyone else in this thread, I doubt you will read this sage advice either.
  thanks for your advise .. appreciated.

  
Oh, dear.

My mom was rear ended at a stop light with the other driver going about 45-50 before slamming the brakes. His car was totaled. My mom felt fine after the accident but 2 days later had a headache and intense back pain. She missed months of work and ended up with tons of doctor visits from that accident.

If he's going to pay you with a check, it's time to wise up and inform your insurance in case it's something more than just whiplash. I don't know if you can file a police report after the fact but some others might know.

At this point, forget the other driver. You need to protect yourself and start listening to some of the advice in this thread before you end up paying for everything out of pocket.

I love threads like this one. More entertaining than some stuff on OT.

that's what she said

I still dont get why people ask for advice, then totally ignore what 99% of the people in the thread tell you to do.. Unless he is a troll he deserves to get rear ended again.

cubbychicagolove said:   he said he'll send me check by mail.
is it safe to take check for the damage?

  No, no, no , no, no, no, no!    I'm definitely not a "lawyer up and sue" type, but if you're remotely being honest about the speed of the crash, you'd be insane to take a check.  There is ZERO possibility that there are only scratches involved with your car.   ZERO.   And that's the least of your worries.  What happens when you find out next week you have neck injuries that require surgery?   He's going to argue you accepted payment in full.   Don't do it.  The fact that he's a nice guy is irrelevant.   If it were 4 months from now and you felt fine and you got the car fixed and could confirm the actual amount of damages it would be a different story.     You're setting yourself up to get screwed very badly.    
 

I highly doubt his insurance is active. It's pretty common to take out insurance, get the card, and then cancel/not make monthly payments. Of course, the card still shows current coverage!

I agree with the forum, you need to contact insurancr right now.

If he can't afford a premium increase maybe he should put the phone down.

DW was in an acciedent a few months back (and I didn't even create a thread on here about it).  Other driver was at fault, texting, crossed into her lane and hit her head on.  Luckily she was in a residential area and speed limits where low.  Even though she was at almost a complete stop and the other driver was only doing about 20-25MPH her car was totalled and she had significant injuries that didn't show up until several days later.  Luckily she called 911 on her Cell after the accident and reported it, asked for EMS, etc to come out which triggered Police and Fire, so there was a police report from an on seen officer.  She was cleared on the seen by EMS but after going to an Otho doctor he is talking about surgery, extended PT and possible life long complications from a < 30MPH accident.  If you where really in a 35+ mile an hour accident....

OP do this or stop wasting our time on this thread:
  File a Police report
  Go to Urgent car or emergency room and get fully checked out, have them Xray anywhere you feel sore.
  Call your insurance and report the accident
  Lawyer up (if possible now since its after the fact)

Screw the other guy, clearly he is a reckless driver who doesn't give a sh*t about you and is just trying to cover himself.  What happens when 2-3 weeks from now you start getting numbness in your neck or skeletal pain, can't sit in your chair at work, loose you paycheck, etc.  You have to look out for yourself, no one else cares as much about your well being as you do!  Plus it's nice to try and watch out for the next poor guy this idiot will probably hit 2 or 3 months from now.

Let this be a lesson to EVERYONE who reads FWF, if you're even in an accident where there is more then just a scratch or bump and you are clearly not at fault, call 911 and report it.  CYA.  Otherwise a few weeks after the fact there will be lots of finger pointing, "he hit me", "no I didn't, who are you..."

daw4888 said:   I still dont get why people ask for advice, then totally ignore what 99% of the people in the thread tell you to do.. Unless he is a troll he deserves to get rear ended again.
not ignoring anything. just discussing different questions/options i have.  
and about getting rear ended again, showing too much hate man..

obvious troll. moving on

Skipping 38 Messages...
wtfu said:   pictures! OP!
  OP's rear end?



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