OHTA.ca

Hi all.

My wife was rear-ended last Thursday on Kennedy Road on Scarborough. She was sitting in traffic and a huge Ford Escape (rental) made no attempt to stop and slammed into the back of her, forcing her to run into the car in front. Make a long story short: the police said the woman in the SUV is being charged with reckless driving, carrying with it 6 points, $450 fine, etc. They said my wife is totally innocent and has nothing to worry about. Had the car taken to Fix-Auto and I know the owner – he said our car is a write-off (2012 Honda Civic). The woman's SUV was also taken to FixAuto and since her airbag deployed it will be a total loss.

My wife was rushed to Scarb General Hospital – had numerous xrays on her spine, neck and back – everything ok just severe whiplash. She cannot turn to the right or left and shuffles along. I have contacted a personal injury lawyer that was referred to us by a friend that had a similar accident 4 years ago and they really helped him since he ended up getting vertigo from the whiplash. She has an appt today with our family doc.

We have yet to get the final police report, which I was told was ready soon. I have already started the claim with our insurance. We were set-up with a rental car and have it until this Friday. Never having gone through this before I have some questions I am hoping I can get some help with:

1) My wife obviously cant work at the moment so who do we file with so her loss of wages are covered?

2) When do we start looking for a new car?

3) What happens if we need the rental longer?

4) What are our next steps in everything?

I feel so lost/upset.

I personally would wait until you have more information (the report and medical prognosis). I would check your policy to see what you are entitled to and have a discussion with claims department about making a claim for the car and lost income while your wife recovers. Any company that wants to keep your business will provide you with a rental car until they pay you out for the old one. For the replacement of the car, I suspect that the amount you will get for the write off will be up for discussion. If you are not happy with what the insurance company is willing to do then you can get legal advice but remember they don't really have to give you anything more than what is in the policy you purchased.

Hiring a personal injury lawyer off the bat before you know the extent of the injuries in my view will lead litigation because they're going to be out to sue the other driver. (I can't tell you how many times I have heard of cases of whiplash where the person is lead to believe they will get over $100,000 and ends up with a settlement of $5000 after putting in hundreds of hours in therapy/assessments ect).

Answers to your questions:

1. Insurance company. Review your policy on what they will/will not cover. Main thing is to keep talking to them about the situation. (I'm parroting what ynotp said above.)

2. You can start looking right away. If the insurance adjuster has determined that the vehicle is a write-off, you should get a cheque for the assessed value of the vehicle.

3. Tell the insurance company the same.

4. Can't really tell you much, but be prepared for the following:

- She might have to testify in court regarding the event. This will happen anywhere from 8 to 18 months from now. If she's up to it, I'd suggest having her write down notes of what she can remember.

- Insurance adjusters might work a bit slower than we'd like but they will get the job done.

- Make sure that all of the injuries are properly documented and her time off of work is also documented.

- I agree with ynotp as well regarding hiring a personal injury lawyer. They might make you think you'll get huge settlements but the reality is you get pennies on the dollar, unless it is a slam-dunk win, which very few of them are.

Those really are all secondary. The main thing is to make sure she gets better soon, but you already knew that.