Hi there! I’m hoping to get some advice from this group on a recent accident I was involved in. If it matters, the accident occurred in Oregon.
One week ago, I was driving my newly acquired classic car (1976 Toyota Corolla) to the shop. I had had the car in my possession for less than 36 hours after driving it home from being refreshed in central California to make the 700 mile drive home. At about 8:40am, I was stopped in a school zone letting kids cross at a crosswalk. This school zone has big, yellow flashing lights at the entry point from each side which were on at the time. Additionally there is a manned crosswalk that had a crossing guard at the time. I had been stopped for approximately 60 seconds before another car rear ended me going ~35mpg per hour.
The driver was a young woman (18-22 years old) with her younger brother in the car (15-16 years old). I hit my head on the back of my seat very hard and suffered whiplash. I am not tender to the touch a week later but am stiff, having ROM issues and general discomfort in my neck, shoulders, elbows and wrists on both sides but it is worse on the right side. I’m incredibly lucky that I did not hit my face on the wood and metal steering wheel so I am thankful for that.
The driver admitted fault and also admitted to driving distracted as she was “trying to get her brother to school and they were running late”. She took down my contact information and I got her insurance information. Her car was relatively unscathed and mine unfortunately is completely smashed in on the passenger side of the rear end. I have classic car insurance and have a declared of 10k on the car. I imagine because of the crumple, paint work and difficultly in finding parts for an old car….this thing is totaled. I will know for sure at the end of the week.
I filed a claim with my insurance immediately. I went to urgent care right after the accident and got referrals for X-rays, rehab and PT. X-rays came back good. I have my consultation with rehab next Tuesday so should know more about what a treatment plan looks like. I have no history of neck/shoulder issues. I do have previous low back issues that I received PT for. I also have MS, which can make healing more challenging but I’m mostly okay in that realm as well. I also attempted to file a police report and they said it is not necessary as no emergency vehicles were dispatched. I did file an accident report with the DMV. On Friday, two days after the accident, I called their insurance company and found that they had yet to receive notice of an accident, so I opened a claim at that time.
Since then, I recorded a statement of what happened with both insurance companies. I essentially said what I said here. There were many witnesses to the accident that can attest if necessary and the crossing guard sat with me until my partner could pick me up. The other person’s insurance set me a settlement statement yesterday and also took responsibility and accepted fault. I have not even had a rehab appointment and their estimates for PT/Rehab appointments are low for my area. They offered $3600 all-in for medical, lost wages, pain and suffering, etc. The car will be separate from this.
One thing that I can’t quantify is that cars are my hobby and this car had sentimental value to me. I’m literally afraid to drive now. I had a horrible experience while driving on the freeway a few years ago that I have been working through since then and was finally feeling confident about driving again. This has set me back. I have not talked about this element with either insurance company yet.
What is my next step? Do I formally reject the offer?
TL:DR Rear ended while stopped by someone distracted and speeding in a school zone. Their insurance company is trying to settle 6 days after the accident before I’ve had any evaluations of the whiplash and subsequent stiffness/ROM issues.
Posted by throwaway7482915_