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[Lazy]

Accident Description

Myself and four friends were in a car. Friend A was driving. We were exiting a parking lot and as we were turning right onto a road, we were sideswiped by an oncoming SUV. After impact we spun and hit another car going in the opposite direction.

My Situation

My four friends were all right for the most part, but I was pretty banged up and was taken to the hospital by ambulance. I injured the right side of my lower back, my right leg (mostly my quads and hamstring), and my right hip. Recovery has been painful but I've been getting better everyday, thanks in large part to a rehab centre my doctor sent me to.

Due to my various injuries I'll miss 10 days of work, 3 of which I'll receive pay for, 2 days I'll have to make up at a later date, and 5 days will go as "unpaid authorized leave."

The rehab is also very expensive. After all is said and done, I'll owe the rehab centre anywhere between $2000 - $2500.

Who was at fault

My friend got charged with reckless driving, so currently he is at-fault. While he is definitely partly to blame for the accident (he could have let the SUV pass before attempting to turn onto the road), the lady who was driving the SUV is also partly to blame as she wasn't looking at the road while she was driving. (I know this because I saw her face seconds before impact and she didn't see us coming. Also when something like this happens, the oncoming driving normally slams on the brakes. She did not.)

My Friend's Situation

My friend took a financial hit. He recieved three tickets that come to about $1500. One ticket was for reckless driving, another for being a new driver and having three people in the backseat, and a third ticket because the backseat passengers were not wearing seatbelts ($250 * 3). He is contesting these tickets, which therefore means paying lawyers. Also his car was totalled and he will not receive any money for it because...

The Major Problem

...he was uninsured. His car was insured under his dad's name but his name was not on the policy. Therefore, he has the insurance company screaming at him, asking him why the name on the police report does not match the name on the insurance policy. He says because of this his parents can be fined $5000 - $10000. He says his lawyer's secretary told him this. I have inquired about it and I was told this is not true. Does anyone know if this is true or not?

Dilemma

As I mentioned above, my rehab will cost anywhere between $2000 - $3000. As is the law in Ontario, my dad's insurance will cover this cost. However, my dad's insurance company will first try to get money from my friend's insurance company. He has told me that if my dad's insurance company tries to claim money from his insurance company, his parents could be charged with the $5000 - $10000 ticket mentioned above. (I don't see how this is true as insurance companies don't have the authority to hand out fines (or do they?). Is it possible that they will inform the police about this situation, who will then fine my friend's parents?) I think his real worry is that his parents insurance premium will increase, which it definitely will if at the end of his hearing he is still considered "at fault".

My question is, what do I owe my friend. I will definitely pay him $250 as I was sitting in the backseat and didn't put on my seatbelt (never again). On top of that, should I try and pay for my rehab costs out of my own pocket so that his parents premium doesn't increase? If I give the collision report to the rehab centre I won't have to worry about a cent, but it may mean higher premiums for my friend's parents. If I find that by doing this my friend's parents will be fined, I'll proceed no further with trying to get money from the various insurance companies. But for the sake of their premiums (assuming my friend remains at-fault), should I also personally pay for my rehab?

I guess what it boils down to is, how much responsibility should the driver assume? I chose to get into the car (even though I was aware of the fact that my friend wasn't totally comfortable on the road yet), I chose not to wear a seatbelt, etc. I was under the impression, however, that my friend was properly insured - I had asked him about it a few times and he said he was (more or less).

 

[fart]

the woman driving the suv has a pretty much open and shut, even though she should probably share some liability (though she is clearly not at-fault) since she didn't even try to avoid the accident (10$ said she said otherwise to her agent anyways). i can't say anything authoritatively on the legal stuff otherwise (your parents should probably consult a lawyer), but i think morally your friend put you guys in danger and should cover your medical bills whether or not his insurance will cushion it for him.

actually, funny story: (or not so funny i guess) i knew a girl in high school whose mother made up a liability waiver for all her friends to sign before they got in her car. she was a terrible driver too. i'm really surprised she never had to test the legality of the waiver.

 

[HAOHMARU]

Well, I'm glad to hear that you are doing ok...even though you seem to be injured to some extent. To be honest, you are lucky to be alive. Always wear your seat belt...it should be an automatic thing you do when entering a car. (not lecturing you...I'm just feel pretty strongly about that)

Ok, now on to that other stuf. Let the insurance companies handle this. Don't be concerned about driving premiums up for your parents or your friends parents. You have insurance because of situations like these. I wouldn't pay out of my pocket for that kind of money. Your friend's family made a mistake by not putting him on the insurance...but that shouldn't mean that you have to pay because of it.

I don't know...I would talk to your parents about this. I'm sure they will tell you something similar to letting the insurance cover for you. I guess being the "nice" guy you could pay for your medical/rehab bills...that just seems like a lot of money to be paying especially since you are even missing work now.

Just my .02...hope everything works out for you.

 

[Tekky]

Accident Description

Myself and four friends were in a car. Friend A was driving. We were exiting a parking lot and as we were turning right onto a road, we were sideswiped by an oncoming SUV. After impact we spun and hit another car going in the opposite direction.

My Situation

My four friends were all right for the most part, but I was pretty banged up and was taken to the hospital by ambulance. I injured the right side of my lower back, my right leg (mostly my quads and hamstring), and my right hip. Recovery has been painful but I've been getting better everyday, thanks in large part to a rehab centre my doctor sent me to.

Due to my various injuries I'll miss 10 days of work, 3 of which I'll receive pay for, 2 days I'll have to make up at a later date, and 5 days will go as "unpaid authorized leave."

The rehab is also very expensive. After all is said and done, I'll owe the rehab centre anywhere between $2000 - $2500.

...

Hey, in the big picture, $2000 - $2500 is NOTHING. Be glad you're not dead, or on $10,000/day life support.

You can decide with your friend if you want to investigate how it will all work out depending upon which way you go and how you can minimize the burden to you and your friend and your families.

If I were you, I'd do that. No sense in giving the government any more money than it already takes. Just investigate thoroughly, though. Seek free legal advice (look around; it's somewhere).

 

[LusDekkar]

Yeah like he said, just be glad that you're alive, in the grand scheme of things $2500 isn't really that much. THough it does suck that you have to pay so much for rehab... If you really need the money then it's up to you, but if you think you can live without the $2500 I say just leave it. Your friend already has to pay $1500 + car.

Is there anything over there like 3rd party insurance? In Aus every car on the road must have it, it covers medical bills incase you're ever in an accident i think.

 

[AniHawk]

Wow, hope you recover soon. Sounds like you were tossed around pretty good there. How was everyone else in the car?

 

[Claus]

Where do you live and how old were the passengers not wearing their seatbelts?

*Edit - Read Ontario. Wow, that's a pretty shitty deal with the seat belt laws there. Here in Florida if the passenger is 18 or older they get the ticket.

 

[The Faceless Master]

this is why i said insurance is a scam...

choose your friend... unless you don't want him to be your friend anymore...

 

[SKluck]

Damn kids. No wonder insurance is so damn expensive for anyone under 25, there's millions of idiots driving around like this.

 

[levious]

I thought most decent insurance policies cover anyone who's driving your car, with your permission? Provided they are not regularly driving the car without being named on the policy.

 

[Dice]

It is always the fault of the person pulling out. The lady not paying attention may have increased the magnitude of the impact, but your friend was completely responsible for it happening in the first place. IMO I think she should be fined something for not paying attention, but not held responsible for any of your stuff.

Legally, your friend neglected an important law about looking both ways and waiting for traffic to clear and put your life in danger. If you pressed charges I bet you could even make him pay for a fair amount of your stuff fairly easily, though probably not all since you weren't wearing a seat belt. However, as it is you guys are friends and it was obviously an honest mistake so that would be a jerk thing to do (I assume you are considerate of this looking at the second to last paragraph of your post).

So I don't really have much to say to you on what to do. It's just a really unfortunate situation, and hopefully a lesson your friend will remember for a long time. He shouldn't have been driving without insurance, he should have made sure it was clear before pulling out, he should have told you guys to wear your seat belts before starting the engine. Typically the driver assumes responsibility for everything besides someone hanging out of a window (at which point you are responsible for pulling over) or jumping out of the car.

 

[SteveMeister]

Well, to put it bluntly, your friend is 100% responsible for your pain & suffering. Neither you nor your insurance company (nor your parents' insurance company, for that matter) should have to pay one cent for any medical bills, lost wages, rehab costs related to the injuries you suffered in this accident.

Your father's insurance rates are going to go up because of this. That's not fair to him, either.

Your friend's parents' insurance company should cover EVERYTHING. If they do not, well, that's what civil litigation is for. This is NOT a case of a frivolous lawsuit.

If your friend is truly a friend, he and his family should be bending over backwards to do whatever it takes to help you. And their insurance company, knowing the risks of a lawsuit, should be as well.

 

[beerbelly]

no seatbelts + no insurance + not following rules like a new driver should + bad decision on a simple Right turn = you guys are fucking idiots

 

[DarienA]

Is it normal that people in backseats don't wear seat belts?

Unfortunately as others have pointed out your friend is completely at fault in causing the accident. I personally would stay out of it and let the insurances company's deal with it.

 

[levious]

Is it normal that people in backseats don't wear seat belts?

I always do, and make people do it when they sit behind me... but unfortunately most don't. And I don't know which states have made it a law yet.

 

[ballhog]

Well I don't see how your friend's parent's insurance could possibly be mure fucked up than it allready is. How does this new driver thing work in canada. Here in the US you get a permit first. you need to have someone with a liscence with you to drive. So when you say he's not supposed to have people in the back, well, why not I guess is my question.

 

[Cauliflower of Love]

I would say if you don't want insurances involved(so as to not raise anybody's rates and what not) you should talk to them about reimbursement and get a written agreement done between yourself, him, and his parents.

 

[Azih]

Yeah if you want to keep your insurance companies out of it then your friend's parents should pay for your rehab, or at least most of it.

How you feeling btw?

 

[Lazy]

Thanks for the input everyone.

Hey, in the big picture, $2000 - $2500 is NOTHING. Be glad you're not dead, or on $10,000/day life support.

No doubt about that! I got very lucky. The impact occured exactly where I was seated (rear passenger, right side) and I'm just glad that the passenger cabin kept intact, otherwise...*shudder*

Wow, hope you recover soon. Sounds like you were tossed around pretty good there. How was everyone else in the car?

Everyone else was fine, except for the person sitting next to me. When I got hit, I moved to the right and jammed my elbow into his chest. He had some chest pain but he had it checked out and everything is fine.

I thought most decent insurance policies cover anyone who's driving your car, with your permission? Provided they are not regularly driving the car without being named on the policy.

I'm not too sure how this works. I've tried finding out but haven't had much success. I think you have to tell your insurance company about all the drivers in your household and have them put on a policy for one of the cars. After that, they're free to drive all of the family cars. Again, not 100% sure.

Your father's insurance rates are going to go up because of this. That's not fair to him, either.

Actually, since I was a passenger in the car and did nothing to cause the accident, in this case I'm not at-fault and so my dad's insurance rates won't increase. However, my father's insurance company is only obliged to pay if my friend's parents' insurance company refuses to.

no seatbelts + no insurance + not following rules like a new driver should + bad decision on a simple Right turn = you guys are fucking idiots

I take blame only for not wearing a seatbelt!

Is it normal that people in backseats don't wear seat belts

I'm very strict about wearing a seatbelt when I'm driving or if I'm a front passenger, but I never put much stock into backseat seatbelts. I had no idea it was required by law.

Well I don't see how your friend's parent's insurance could possibly be mure fucked up than it allready is. How does this new driver thing work in canada. Here in the US you get a permit first. you need to have someone with a liscence with you to drive. So when you say he's not supposed to have people in the back, well, why not I guess is my question.

We have a graduated license system. You first get a learner's permit, called a G1, where you can drive on regular roads as long as you have a licensed driver sitting next to you. Then you take a road test to get a G2, which lets you drive alone, but with certain restrictions (number of passengers you can have in the backseat, what hours of the day you can drive on the highway, etc). After that you take a highway test, which takes away the restrictions of the G2. My friend had a G2.

How you feeling btw?

Pretty good! Doing much better than last week.