Topic: Serious accident

[mmret]

Not me. Friend of mine. She is okay but spending some time in the emergency getting checked out for fractures etc.

Got rear ended by a pickup truck on the DVP.

I see three aspects for her to resolve:
1. Car - I assume a write off from the pics. It is a brand new CX5. Should be under depreciation waiver - what is covered? MSRP + options + PDI + tax + dealer extras? What's the number we should be going for?

2. Injuries if any / missed time off work. Not sure how bad it is with her but there is a possibility of missing time here. What is the best approach? Don't want her to get pressured into a bad deal.

3. Lawsuit against other driver. If she decides to go with this, does it affect #1/#2 in any way? How much time does she have to file? Are all of these personal injury / accident firms as sketchy as expected?

Many thanks.


LINK: silly attachment thing isn't working any more ...
https://imgur.com/a/w6eBb

[Gurgie]

1. Replacement value, whatever it costs to give her a new car exactly the same.

The rest No-san can answer.

Sent from my SM-G930W8 using Tapatalk

[EV-Light]

first thought....WOW that was bad, glad she is OK

second thought....why didn't the side/curtain airbags deploy *scary*

[ArticSteve]

1.  It's not replacement value.  It's the amount that she paid for it originally; taxes, etc., all in.  Hence the name "depreciation waiver" not replacement. 

2.  She'll need to have a fracture or complete muscle/ligament tear or she get the usual Minor Injury Treatment Protocol.     Not like the old days before no fault.  If she has not "bought" up her coverage she'll get $400 per week for missing work. 

3.  Generally 2 years to file any lawsuit in Ontario.  Up to 6 in certain situations.  There is a $37K deduction on any court award.   

Bottom line one needs to be quite seriously injured to gain benefits from a civil court action.

PPL wanted low rates so they got low rates (questionable) but crappy insurance coverage.

As for "personnel injury" lawyers aka ambulance chasers, like Diamond & Diamond ("we don't paid till you do") et al;  their clients are just fodder.

[ArticSteve]

Just looked at the pic.  What year is that Mazda?  If it's 2016 or newer they'll fix it.  That's not big damage.   Just looked at the pics again.  Looks like the front drivers air bad deployed.  Probably passenger seat side bag too.  That should get it written off.  Let's hope so!

Before no-fault, your friend would be looking at a settlement with the other driver's IC for $10K (in today's dollars) without a lawyer about a year out from the accident just to get it off the IC's books.  That paid for the pain/discomfort, aggravation, and diminished value of the vehicle.

Now ppl like your friend get NO CASH.  Just BS "rehab".

[tpl]

Just looked at the pic.  What year is that Mazda?  If it's 2016 or newer they'll fix it.  That's not big damage.   Just looked at the pics again.  Looks like the front drivers air bad deployed.  Probably passenger seat side bag too.  That should get it written off.  Let's hope so!

Before no-fault, your friend would be looking at a settlement with the other driver's IC for $10K (in today's dollars) without a lawyer about a year out from the accident just to get it off the IC's books.  That paid for the pain/discomfort, aggravation, and diminished value of the vehicle.

Now ppl like your friend get NO CASH.  Just BS "rehab".

I bet that the passenger side sill has crumpled the floor pan a bit and it will be written off.

[sailor723]

When our Mini was written off the cheque was for exactly the bottom "all in" line on the sales contract. The only thing we had paid at time of purchase that wasn't repaid was the provincial license and registration fee.

[mmret]

Just looked at the pic.  What year is that Mazda?  If it's 2016 or newer they'll fix it.  That's not big damage.   Just looked at the pics again.  Looks like the front drivers air bad deployed.  Probably passenger seat side bag too.  That should get it written off.  Let's hope so!

Before no-fault, your friend would be looking at a settlement with the other driver's IC for $10K (in today's dollars) without a lawyer about a year out from the accident just to get it off the IC's books.  That paid for the pain/discomfort, aggravation, and diminished value of the vehicle.

Now ppl like your friend get NO CASH.  Just BS "rehab".

Thanks. Ontario has gone down the tubes and there is a long way left to go.


I think with the personal injury guys the idea is to get a out of court settle...

Its a 2017 CX5 GT I think.

[ArticSteve]

Its a 2017 CX5 GT I think.

That will be $40K.  Let us know the results.

[BWII]

I'm impressed that if it was that truck that hit her, more of it didn't come in through the rear.  Looks like it (the Mazda) did a pretty decent job of stopping the crunch before it got past the taillights.  Probably doesn't hurt it was a square box ramming into a square box, but still. 

[Noto]

1.  It's not replacement value.  It's the amount that she paid for it originally; taxes, etc., all in.  Hence the name "depreciation waiver" not replacement. 

2.  She'll need to have a fracture or complete muscle/ligament tear or she get the usual Minor Injury Treatment Protocol.     Not like the old days before no fault.  If she has not "bought" up her coverage she'll get $400 per week for missing work. 

3.  Generally 2 years to file any lawsuit in Ontario.  Up to 6 in certain situations.  There is a $37K deduction on any court award.   

Bottom line one needs to be quite seriously injured to gain benefits from a civil court action.

PPL wanted low rates so they got low rates (questionable) but crappy insurance coverage.

As for "personnel injury" lawyers aka ambulance chasers, like Diamond & Diamond ("we don't paid till you do") et al;  their clients are just fodder.

Don't speak if you don't know the answer.

mmret, I'll PM you details.

[ArticSteve]

 

Enlighten us ambulance chaser man.

[Solstice2006]

Enlighten us ambulance chaser man.

Don't waste your time No-san

[rrocket]

Enlighten us ambulance chaser man.

You mean like last time when he had useful information about insurance companies and refused to share it?

"Don't speak if you don't know the answer. But...I know the answer...but I refuse to speak."

[johngenx]

Enlighten us ambulance chaser man.

Don't waste your time No-san

THIS.  Noah practiced personal injury law and knows what's up.  Unless you're a member of the bar and have experience in that area, you're doing little more than spouting what is probably a bunch of BS.

[rrocket]

Enlighten us ambulance chaser man.

Don't waste your time No-san

THIS.  Noah practiced personal injury law and knows what's up.  Unless you're a member of the bar and have experience in that area, you're doing little more than spouting what is probably a bunch of BS.

 I'd like to see what the truth is vs what AS posted.

Not sure why it has to be secret and taken to PM.....as I'm sure Noah isn't handing out free legal advice.

At some point, we might find ourselves in a similar situation and Noah genuinely might have very helpful info (in the bullet point way that Steve posted, and not free legal advice).  I mean, Mmret was just asking for general information after all....knowing this is an auto forum and not a legal forum.

[johngenx]

AS might be right, might be wrong, but I'd want a legal opinion, thanks anyway.  And what Noah shares in terms of professional advice is up to him.  I'd like to know as well, but it's up to him as to what he shares.

[mmret]

I mean, Mmret was just asking for general information after all....knowing this is an auto forum and not a legal forum.

This forum is quite a cast of characters who often have deep subject matter expertise on a variety of topics.

Of course I can totally understand why he wants to bring it to PMs and I respect that.

[rrocket]

AS might be right, might be wrong, but I'd want a legal opinion, thanks anyway.  And what Noah shares in terms of professional advice is up to him.  I'd like to know as well, but it's up to him as to what he shares.

Of course you're not going to take every bit of Steve's advice "to the bank".  Just like we don't take mmret's advice directly to set-up our finances or tax shelters (when he offers his financial advice), nor some of the great business (and other) advice you've offered in the past.  Or the other professional advice of anybody else here.  The answers we get are more general instructional or "Oh, so that's how it works!" type of thing...then we pursue it further with our own personal professionals.  And guess what?  Everyone here with half a brain knows the feedback we're getting...in an auto forum...on the internet...isn't the stuff you "take to the bank" without further investigation.  You use it to get a general idea to better understand something perhaps you previously knew little about.  Is it always exact, 100%, scholarly/legal/medically perfect? NO...NEVER.  You still have to do your own due diligence.  mmret knows this.

As I see it, AS merely tried to help answer a general question the best he could.  We know AS isn't a lawyer.  AS has never presented himself as a lawyer.  Some of what he said I know is true (my sister in law is an insurance broker).  Maybe some of the stuff he said isn't 100% true..or accurate.  But I certainly don't think he was trying to mislead anyone or come across like his advice was legal bible.  And essentially telling him to STFU when he was trying to answer mmret's question as best he knew how to is BS.

If he's wrong about part of his statement...fine.  Correct him.  Educate him.  It will help us all.  Share your knowledge.  But telling him to STFU?  That's not right.

[johngenx]

^^^ I would agree with anyone else, but AS wades in with so much hyperbole when it comes to legal matters that it's a face-palm moment.