Shared Car Accident Cases

Look through these shared car accident cases that visitors to this website have submitted. Be sure to share your case so that others can benefit from your experience.

Car T-bones truck at intersection in Rhode Island. Claim pending.

Hiroshi’s injuries include a forehead bruise, headaches, a stiff neck and pain in his shoulders and arms. He is still sore one month after the accident.

So far, these are the numbers: repair of vehicle, $3,000; medical bills, $420; lost income, $235.

Hiroshi is representing himself.

Comments*: It is too early to “evaluate” Hiroshi’s claim because he is still recovering from his accident-caused injuries. When he submits an injury claim to Geico, he will want to be able to tell “the whole story.” That is, he will want to be able to explain all of the effects that this accident caused, in terms of his injuries, lost income and the other effects on his life. These are the losses that he wants to be compensated for. Obviously, he won’t know “the whole story” until the story ends. Usually, this means when he fully recovers from his injuries.

Until then, he should get necessary medical care , be careful what he says to Geico keep a diary (so he won’t forget the details of what he is going through) and submit a no-fault claim to his own insurance company. When he is fully recovered, he should determine the settlement value of his claim. before he submits it to Geico.

I hope Hiroshi will send a follow-up report and let us know how his claim works out.

Passenger injured in rear-ender in Maryland. Claim settled.

April claimed a neck injury and then, later, low back pain. She was treated for over 2 years after her accident, however there were large gaps in her treatment, with one gap in her treatment being about a year.

April’s medical bills totaled $6,000. She did not claim any loss of income. The cost of repairing her vehicle was only a few hundred dollars.

April hired a lawyer. Her case was settled in June, 2007, for $9,400.

Comments*: There were several factors that reduced the settlement value of April’s claim. One problem is that she did not get regular treatment. If there are “gaps” in your treatment, expect the insurance company to offer you less, arguing either that your injuries were not significant (because, if they were, you would have gotten regular treatment) or that something must have happened during the gap that was the cause of the later treatment (not the car accident).

April should have gotten necessary medical care and, if possible, avoided the gaps in treatment.

It also sounds like April had difficulty showing that her low back injuries were related to her car accident because there was no record of the low back injuries for several months after her accident. If your medical records don’t show complaints of a particular injury within a reasonable time after your car accident, expect the insurance company to claim that the accident didn’t cause those injuries. Try to review your medical records to make sure that they are accurate and complete, that they show all of the complaints that you made. In addition, ask your doctor to state a written opinion on the cause of injuries that weren’t obvious right away. If your doctor believes that the injuries were caused by your car accident, this opinion will help you prove your claim.

Bicyclist in California runs into open car door. Jury verdict.

The owner of the car who opened his door claimed that Scheherezede was not paying attention. The driver of the car that ran over her left arm claimed that he didn't have time to avoid her.

A jury decided that the driver who ran over Scheherezede's arm wasn't to blame, that the driver with the open door was 65 percent at fault and that Scheherezede was 35 percent at fault.

The award was $103,331. However, because of Scheherezede's negligence, the award was reduced to $56,620.

Comments* Scheherezede is fortunate that her accident happened in California, a comparative negligence state. If this case had been filed in one of the 4 contributory negligence states, Scheherezede would not have been able to recover anything (because any contributory negligence in those states completely defeats the claim).

It doesn't surprise me that this case could not be settled and had to go to trial. Whenever an insurance company thinks that it has a good chance to get a finding that it's driver was not negligent or that the injured person was also substantially negligent, they will take their chances at trial. Here, they thought that they could convince the jury that Scheherezede wasn't paying attention to where she was going.

If you have a case where liability is contested, you should hire a lawyer to represent you because there is a good chance that your case will end up in court.

Pedestrian killed in Texas. Jury verdict.

Mr. Peterson's family argued that he would have earned $1.4 million to $1.8 million over his remaining work life.

A Texas jury awarded damages against both AHS and Esparza and in favor of Mr. Peterson's surviving family members. The total verdict was $4,280,000.

Comments*. This horrible case illustrates that "wrongful death actions", which are controlled by state law, normally benefit surviving family members. In this case, the family members were able to recover for "loss of society and companionship," loss of inheritance, loss of pecuniary contribution and mental anguish. In a separate "survival action," there was also an award for Mr. Peterson's conscious pain and suffering and for the cost of treating him before his death. The damages awarded in the survival action will most probably be paid to the beneficiaries of Mr. Peterson's estate. If had a valid will, the beneficiaries named in his Last Will and Testament will recover those damages. If he didn't have a will, Texas law will determine, through so-called rules of intestate (without a will) succession, who will receive those damages. In all likelihood, it will be his closest surviving family members.

Rear-end collision in Virginia results in torn rotator cuff. Jury verdict.

Ms. Lutz admitted liability but disputed the extent of Mr. Reusche’s injuries.

After deliberating for about 1 ½ hours, a jury returned a verdict of $20,000 for Mr. Reusche.

Comments*: Because Mr. Reusche had to go through shoulder surgery, I would have expected a jury to award more for pain and suffering than this one did. Apparently, Mr. Reusche had “demanded” $30,000 before trial, but Ms. Lutz’ insurance company, Allstate, only offered $14,000. After paying an expert witness (his orthopaedic surgeon) to testify, and considering the time and hassle that it took to get the case to trial, it turned out that going to court didn’t add much, if anything, to what Mr. Reusche would have netted if he had accepted the defense’s settlement offer. Of course, it’s always easy to make these judgments after the case is over.

18-wheeler collides with motorcycle in Texas. Jury verdict.

Browning, a 13-year Army veteran and former security guard, lost four fingers on his left hand and can no longer walk without assistance because of massive injuries to his left leg.

The defendants’ had a different version of how the accident happened. They said that Browning had driven his motorcycle into the tractor-trailer, instead of the other way around.

Both sides hired accident reconstruction experts who came up with different opinions about the cause of the accident.

A federal jury deliberated for about 3 hours before deciding liability in favor of Browning returning a verdict in his favor for $6 million . . . to cover past and future physical injuries, disfigurement, physical impairment and medical expenses.

Comments*: This case shows us a number of things. To start with the most obvious, it shows that when liability is contested, you need a lawyer to represent you. It also shows that when the stakes are high, you need a lawyer to represent you. While there are many cases that you can handle for yourself, click here to learn when you should hire a lawyer. Obviously, this plaintiff hired a lawyer early in the process and the lawyer was able to put together the evidence to prove Browning's winning case.

It’s not unusual for experts on each side of a case to say opposite things, such as these accident reconstruction experts. Sometimes jurors react to that fact by saying something like, “if the experts can’t agree, how are we supposed to figure this out?”

Therefore, it is important that your experts – accident reconstruction experts, doctors, economists, whatever – not only support you but make sense. If your expert “just makes more sense” than the opposing expert, you have a great chance of winning your case.

Instead of settling this case, this insurance company decided to “roll the dice.” If the defense had convinced the jury that Mr. Browning had caused the accident, he would have received nothing! If it had convinced the jury that he was a partial cause of the accident, Mr. Browning’s award would have been reduced under the comparative negligence doctrine. However, in this case, the dice came up "snake eyes" for the insurance company and Mr. Browning was awarded more than I think he would have accepted to settle the case.

Rear-ender in Massachusetts causes neck, back and shoulder injuries. Case Pending.

Richard’s car was damaged on the rear, and it cost almost $6,000 to repair the damage.

Richard injured his back and neck and his wife injured her neck and shoulder. Even after being treated for 3 - 4 months, Richard’s neck is still sore and it does not seem to be getting better.

Richard and his wife have hired a lawyer

Comments*: Massachusetts is a no fault state which means that injury claimants cannot sue the at-fault driver for damages unless a “threshold” is exceeded. Massachusetts has a monetary threshold, $2,000. This means that Richard and his wife can file a claim against the at-fault driver if their reasonable and necessary medical bills are more than $2,000 (each), as it appears that they will be.

The most important thing for Richard and his wife to do now is recover from their injuries.

Unless they are approaching the deadline known as the Statute of Limitations, no claim should be made until Richard and his wife fully recover from their injuries or reach “maximum medical improvement” which means recover as much as they are going to recover. Only then will Richard, his wife and their lawyer know the extent of the injuries for which they are claiming damages.

One final observation. Richard's claim and his wife's claim are separate. If one recovers before the other, they can attempt to resolve the claim of the recovered spouse. Normally, however, if a case has to be filed in court, both claims will be filed in one lawsuit.

Go here to learn more about the settlement process.

Alabama lane changing accident causes headaches, neck pain, upper back pain and shoulder pain . . . and a bogus contributory negligence defense. Claim pending.

Candis’ daughter has headaches, neck pain, upper back pain and shoulder pain. She had to stay overnight in a hospital and she is receiving follow-up care.

Now, the other driver’s insurance company, USAA, is claiming that they owe Candis and her daughter nothing because Candis’ daughter was contributorily negligent.

So far, Candis and her daughter are representing themselves.

Comments*: Alabama is one of only 4 states (Alabama, Maryland, North Carolina, and Virginia) and the District of Columbia that follow the harsh contributory negligence rule. Under this rule any negligence (fault) by Candis’ daughter would completely defeat her claim against the careless (negligent) lane changer. However, as the case is reported by Candis, her daughter was not contributorily negligent. She says she wasn’t, and there are independent witnesses who tell the same story. The lane changer apparently also told the police the same thing.

So why is USAA denying liability? Beats me. I hope that Candis and her daughter will hang in there, because they have a valid claim, both for repair of their car and for Candis’ daughter’s injuries. Candis should click here to learn more about getting her car repaired.

Unless it gets to a point that there is a statute of limitations that is about to bar her injury claim, which is unlikely, Candis’ daughter should wait until she fully recovers before making an injury claim. Then, she should check here to learn more about making her injury claim. If I were Candis, I would consult with a lawyer since USAA won’t voluntarily pay the claim and it seems that her daughter’s injuries are serious. There’s too much at stake for a do-it-yourself effort. She can check here to learn more about hiring a lawyer, and she can go here to learn the ins and outs of lawyer fees in car accident cases.

I hope Candis will report back and tell us how this claim works out.

T-bone Intersection collision in Illinois causes whiplash and knee pain. Claim pending.

Dekki received whiplash, stiffness and swelling in the back and neck and a soft tissue knee injury which caused pain for 2 months, a limp for about 4 months and a weakened knee for about 11 months. Dekki’s medical bills total about $6,000. There is no lost income.

The driver who hit Dekki did not have car insurance, so Dekki is dealing with his own insurance company under his uninsured motorists coverage.

Dekki is negotiating with State Farm and the Good Hands People have offered $3,000 as compensation for Dekki’s pain and suffering. (Presumably they are also willing to pay Dekki’s medical bills.)

Dekki, who does not have a lawyer, asks how to “build a case” for more pain and suffering compensation from his “own insurance company.”

Comments*: It sounds as if Dekki has fully recovered from his injuries. Therefore, there is no reason to wait any longer to try to resolve his injury claim.

There is no evidence that Dekki did anything to contribute to causing this accident. Therefore, he is entitled to recover the full value of his claim. The Big Question, of course, is what is “full value.” Dekki should review this article on car accident settlement value. Then, he should review this article on settlement negotiations.

I don’t know enough about the facts of the case to have a strong opinion, but it appears to me that Dekki is entitled to more compensation -- possibly much more compensation -- than has been offered. If he hangs in there, follows the suggestions in the articles on settlement value and negotiations, and is patient, he should be able to do much better.

BTW, although State Farm is Dekki’s insurance company, with an uninsured motorists claim, they act as if they insure the other driver. As you see, they aren’t doing Dekki any favors because he has been paying them insurance premiums for years. Dekki should deal with them as if they were some other company.

If he is not satisfied with the best State Farm settlemnent offer, before agreeing to accept it, Dekki should consult with an Illinois lawyer who specializes in car accident cases. For help with that, Dekki should read this article on finding a car accident lawyer.

California rear-ender causes fractured tooth, knee and neck injuries to rear seat passenger. Claim pending.

As a result of her mouth snapping shut from the impact, Health suffered a fractured tooth which required a root canal and a crown. Heather’s knee was also injured when it jammed into the seat in front of her. Finally, she suffered a soft tissue neck injury.

Heather has been getting chiropractic care twice a week. So far, her medical bills exceed $4,400.

The truck that rammed Heather’s car was insured by Progressive.

Heather has hired a lawyer and her claim is pending.

Comments*: I’m not a doctor and I don’t play one on television – I haven’t even stayed at a Holiday Inn Express – but I understand the basics of neck injuries. If you would like to understand them, you can read this article on neck injuries and follow the links to learn common ways to diagnose and treat neck injuries.

I think that Heather was wise to hire a lawyer since her injuries are serious and have already persisted for at least 4 months. If you’re unsure, read this article to see when you can represent yourself and when you should hire a lawyer to help with your car accident claims. You can also read this article that gives tips on how to find and hire a car accident lawyer.

Garbage truck rear-ends car at stop light in California causing neck and back injuries. Claim pending.

Melanie suffered severe whiplash in her neck and back. Some of her symptoms were tingling and pain which radiated down her arm into her hand and fingers. Her medical bills have totaled $25,000. She missed work for 7 weeks, which amounted to a loss of $10,000. In addition, she lost a promotion that would have paid her an additional $800 per month. Unfortunately, Melanie still suffers from neck pain.

On top of all of her lost income, Melanie has had other financial losses and consequences as a result of her accident. She couldn’t go on a non-refundable cruise that she scheduled for her birthday. She was late paying her mortgage, and her credit has been severely damaged because she was out of work and without income for almost 2 months.

Melanie’s claim is pending. She is representing herself in dealing with Esis, Inc. I don’t know this company, but I think it is a claims administrator, not an actual insurance company.

Comments*: Melanie has a very significant claim because she has large financial losses -- that will continue in the future because of her lost promotion -- and serious injuries which may not yet be resolved.

Melanie should not settle her claim until she is sure that she has fully recovered from her injuries or reached her “maximum medical improvement.” At that point, if she still has symptoms, she should have a doctor evaluate her to determine whether she will have permanent consequences of her injuries and, if so, what those permanent consequences will be. If she will suffer with the consequences of her injuries for the rest of her life, she should be compensated for that suffering.

In resolving her claim, Melanie is entitled to recover all of her out-of-pocket expenses . . . for such things as medical bills, lost income in the past (while she was out of work), lost income in the future (the amount she is losing because of the lost promotion – until she gets the promotion, if she does), the cost of the cruise that she missed but had to pay for, and any other financial losses that she has incurred.

As usual, the more difficult issue to resolve is how much Melanie should be compensated for having to go through this experience – in the past and, if she will have permanent consequences of her injuries, in the future. This is the element of damages that is often called “pain and suffering.”

Her claim could easily entitle Melanie to compensation in the six-figure range.

Because of the seriousness of her case, I strongly urge Melanie to hire a lawyer to represent her. The fee that she will pay could be a very good investment if her lawyer helps to maximize her recovery. She should read this article to learn more about finding and hiring a lawyer.

Wisconsin drunk driver causes accident that injures his passenger-girlfriend. Claim pending.

Noelle fractured her wrist and elbow, and she had glass “coming out of her arm.” She expects permanent scarring on her right arm. In addition, she has suffered with upper back pain and headaches since the accident, which was 3 months ago.

Noelle estimates that her medical bills will total $25,000 by the time that she is done treating. In addition, she missed 2 weeks of work, which cost her $3,000.

Noelle, who is representing herself in her dealings with A.I.G. Insurance Company, is concerned about how to “put a price tag” on her pain and suffering.

Comments*: Noelle has a significant case that could possibly entitle her to six-figure compensation, depending on all of the facts.

Because it is such a serious case, I urge Noelle to hire a lawyer to represent her. She should read this article to learn about finding and hiring a car accident lawyer. An experienced car accident lawyer can help Noelle make sure that she get fair compensation for her pain and suffering.

Scarring can add significantly to the compensation that Noelle can recover. If it is clearly noticeable, and especially if it bothers her or if it interferes in any way with what she does for a living, it could entitle her to a great deal of compensation. To use an obvious example, a disfiguring scar on a professional model’s face would be a big deal. (The same scar on a man would with a regular job add less value to his claim.)

Noelle should make periodic photos of her scars to use as evidence.

Noelle should be aware that A.I.G. may try to blame her for her injury. What? She was just riding as a passenger. If they have any evidence of this, they may argue that she got into the car knowing that her boyfriend was drunk and that decision contributed to causing her injuries. Their argument may be that she “assumed the risk” of being injured.

In car accident cases, Wisconsin recognizes a principle called “comparative negligence.” Basically, it means that the fault (negligence) of those involved in the accident is “compared,” and the injured person’s recovery is reduced by his or her percentage of fault. So, if Noelle were determined to be 25% responsible for causing her injuries, her recovery would be reduced by 25%. And, if she is determined to be 51% or more at fault, her claim is completely defeated.

These issues are too tricky, and the stakes are too great, for Noelle to represent herself.

Inattentive Connecticut driver rear-ends stopped car. Herniated discs, large wage loss and “loss of consortium” result. Claim pending.

Larry suffered cervical and lumbar disc herniations which cause (radicular) pain into his arms and legs. Even while taking narcotic pain medication, Larry cannot sit or stand for long. Obviously, he can’t work. He has had to retire from his job as an R.N. making $80,000 per year.

Larry has been in treatment for more than a year. He is no longer intimate with his wife, and he has feelings of worthlessness.

Larry has applied for social security disability benefits, and his claim is pending.

He has hired a lawyer.

Comments*: The careless driver has made a devastating admission. If he was going 50 mph and was inattentive for 30 seconds, he would have traveled about 4/10 mile. If he was going 40 mph, he would have traveled 1/3 mile in that time. Even if he has misjudged how long he wasn’t paying attention, it is clear that he was not watching where he was going for far too long!

You can make calculations like this in your case. The calculation is based on the fact that 1 mph = 1.46666667 feet per second.

Obviously, this driver’s careless inattention has changed every part of Larry’s life . . . from his physical and mental health to his ability to work, earn and care for his family.

Larry’s relationship with his wife has been affected, too. The name of the legal claim for damage to a marital relationship is “loss of consortium.” This claim is based on the common sense notion that when one member of a “marital team” is injured, the spouse is affected, too. Many people incorrectly think that loss of consortium only means loss of sex. It means much more than that. It includes all of the changes in the martial relationship. Loss of consortium is either an element of a claim for “pain and suffering,” or a separate claim, depending on the law of your state.

Serious physical injuries are almost always accompanied by psychological effects, such as Larry's feelings of worthlessness. Post Traumatic Stress Disorder, Depression and Anxiety are common. Larry is entitled to be compensated for dealing with ALL of the consequences of his accident . . . physical and mental, financial and non-financial.

This case illustrates that car accident settlements and verdicts often provide imperfect justice. Larry has suffered losses that cannot be undone. The clock can't be turned back and Larry can't be given back his former life. All the law can do is compensate him in money damages for his many losses.

I certainly hope that, at least, Larry is compensated for his losses to the fullest extent allowed by Connecticut law.

Ohio rear-ender causes herniated discs, depression and hopelessness. Claim pending.

Ada sustained 3 herniated cervical (neck) discs and severe middle and low back problems. Ada has had surgery on her neck in which the surgeon “fused” the bones together, causing a loss of mobility and leaving a 5 inch scar on the front of her neck. She needs more surgery on her back, but she is putting it off. So far, Ada’s medical care has cost about $68,000.

More than 3 years after her accident, Ada is still in treatment. Her injuries are permanent.

Ada has not been able to work since her accident. She has applied for disability, but her claim is pending. She is thinking about filing bankruptcy.

Ada reports that this ongoing saga has caused problems in her marriage (she must have married her fiancé after the accident), including a loss of intimacy because of her constant pain.

She cannot sit or stand for long or do many of the things that she used to do.

Ada has hired a large law firm to represent her, but she reports that her lawyer does not return her phone calls.

The insurance company that is defending against Ada’s claim is American Family Insurance which is arguing that the “real cause” of Ada’s problems is degenerative disc disease that she had before the accident, not her accident. However she never had any neck or back problems before the accident and her doctor has testified that, in his/her opinion, the accident caused the herniated discs.

Ada reports that “I am so depressed that I do not even get dressed most days.. . I just feel like my life is hopeless.” “I am trying so hard to be patient but when you cannot pay bills or go to the grocery and your marriage is hanging on by a thread, it is tough to be optimistic.”

Comments*: I don’t know Ohio law on the issue of brake failure. In the state where I do most of my work, Maryland, owners and operators of motor vehicles are required to exercise reasonable care to properly maintain and inspect their brakes. The failure of brakes to operate properly, which causes an accident, is evidence of negligence (fault) . . . however, the operator may show that s/he did inspect and maintain the brakes. If the driver can show that the brake failure was sudden and unexpected, that is a defense against the claim. This may be an issue in Ada’s case. Perhaps the driver who struck her car is contending that he maintained and inspected his vehicle regularly and that the brake failure was sudden and unexpected, that he didn’t do anything wrong and should not be responsible for causing this accident.

American Family Insurance is also claiming that the obvious cause of Ada’s injuries – a 3,000 metal missile going 40 mph ramming into her stopped car – is not the “real cause.” They are arguing that the real cause of Ada’s neck problems is that, like virtually all of us, she had degenerative (aging) changes in her neck and back before the accident that were causing her no problems and might never have caused her any problems. So . . . no neck or back pain before the accident and massive neck and back pain after it. You tell me what the cause of the neck and back problems is. How do people who make these outrageous arguments sleep at night?

Ada’s lawyers may be doing a fine job in the lawsuit that is pending, however they are not meeting one of their most important obligations to their client. Ada should read this article which explains the services that her lawyer owes her. Unless Ada is calling every 20 minutes or behaving inappropriately when she calls (which I doubt), there is no excuse for her lawyer not returning her calls. Some lawyers forget what their client is going through and that the client, who will have to live with the results of the case while the lawyer goes on to the next case, understandably wants to know what is going on.

Arizona drunk driver rams side of car turning left causing facial bruises and a knee injury. Claim pending.

Dorrie and 1 of her 3 children who were in the car were injured. Her daughter had facial bruising and Dorrie had multiple bumps and bruises as well as a knee injury.

Medical bills have totaled about $2,000, $1,200 of which have been paid by Dorrie’s health insurance company.

Dorrie is representing herself in negotiations with the drunk driver’s insurance company, Gainsco Insurance. The drunk driver had the minimum coverage that he could have in Arizona, $15,000.

Comments*: Arizona is a fault state, but there is certainly no question who caused this accident. The only question to be resolved is how much Dorrie and her injured daughter are entitled to recover as compensation for what they have gone through.

Dorrie has at least 2 claims for injuries, hers and her daughter’s. They are separate claims and they can be resolved separately. There are also 2 separate insurance policy limits that are (potentially) available to pay these claims.

To begin with the obvious, Dorrie should not be attempting to settle these claims unless she is sure that she and her daughter are fully recovered from their injuries. If there is any doubt about this, she should wait until she is sure. This is because she will only be able to settle each claim once. After it is settled, the claim is over. She can’t be compensated for any injuries that are discovered after the settlement.

As a practical matter, the fact that the driver who hit Dorrie’s car was drunk adds value to these claims. That is because a judge or jury hearing the case if it went to court would be offended by the drunk’s actions and would probably come down harder on him (or her). Dorrie should remember this when she negotiates with the insurance company.

One other thing that Dorrie should know is that her health insurance company will probably make a “subrogation claim” against her settlement. This means that they will ask to be repaid for the medical bills that they have paid for Dorrie and her daughter. And, guess what? They probably have a right to this recovery. Dorrie should consider this fact in the settlement negotiations.

Dorrie should read this article on car accident settlements because it explains how to put a value on her claims. She should also request my new 5 part eCourse on 5 Sure Ways to Increase Your Car Accident Settlement. The course coverers several things that Dorrie should know, including how to evaluate her claim and how to deal with subrogation claims.

I hope Dorrie will report back when her claims are resolved.





* While I hope that my comments are helpful, please remember that they are not legal advice or other professional advice.

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