Thank God, we are alive

[kingcat]

Tuesday before last the wife and I were traveling North on Dixie Highway headed to Louisville. She was to leave the following morning for Roan mountain for her annual camp meeting/vacation with her two sisters. While driving up the road I passed a vehicle moving slow in the right lane only to come up on a pick-up truck doing 40 mph in the fast lane. As I moved to the right lane and was passing he darted over and nearly hit me. I told the wife he was on his phone I thought. Well, about a mile and a half further along we were stopped at a red light behind probably 25 vehicles including school buses and semi trucks. After about ten seconds sitting there I heard tires began to screech and in an instant (like not much more than second) we were rear ended.

The young man (in the same pick-up) admitted he was looking away and did not notice the red light. We were hit at an estimated 50 mph. Luckily, he tried to miss us to the drivers side and took out the whole left rear side up to the door of our big Caddy.
It spun us around in the road giving my wife a concussion and shaking me up pretty bad. Still having some back cramps and sporadic neck pain. My CT was negative.

We have contacted his insurance company (Progressive) and were told they were awaiting the accident report, but they are 99% sure he wasn't covered at the time of the accident. I have no idea who 100% knows if not them.


And so, having liability on this vehicle only (A cherry 94 Sedan Deville..what is known as "the last great Cadillac") I am at a loss for whats going to happen. I do have his contact info and know he has a family and home in Crestwood Ky. And works as a contractor for LGE

What a mess, but, we are alive and healthy enough. If he hadn't swerved and had rather hit us dead on in the rear, it wouldn't be so. Donna my wife seems to have recovered from the concussion, but as she is disabled, has some issues with it aggravating a pre-existing back issue.

But I thank God for His watching over us.

[BigBluePappy]

Praise God, you guys are still here with us.
Prayers for your Missus.

[blueboss]

Glad to hear you all are ok...

Now, call the hammer.


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[kingcat]

Glad to hear you all are ok...

Now, call the hammer.


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Thanks guyys.. Looks like I have to call someone. Not sure about the "Hammer" Has he ever argued a case?

[KSRBEvans]

Very thankful you and your wife are alive and relatively OK.

Remember that you and she each have at least $10,000 in no-fault benefits that will cover medical expenses and lost wages (up to $200/week--not a lot, but something).

If you had uninsured motorist coverage you can make a claim with your own insurer, but it sounds like you didn't--sorry.

You could sue him, get a judgment and then garnish his wages/bank accounts, but he could file bankruptcy and probably get out of it, too. But worth consulting with counsel--most will meet with you the first time for free.

Tough situation--very sorry.

[CitizenBBN]

At that speed it's definitely lucky he hit and spun you. Glad you're both alive and not nearly as bad off as you could have been. Him being uninsured is a mess. I'd definitely consult an attorney in the area.

[KSRdallen]

Just seeing this, Kingcat. So glad you are doing OK and will keep you in my thoughts and prayers. God Bless!

[kingcat]

At that speed it's definitely lucky he hit and spun you. Glad you're both alive and not nearly as bad off as you could have been. Him being uninsured is a mess. I'd definitely consult an attorney in the area.

Yeah. The car managed to allow me to scoot off the road as Donna was facing oncoming traffic. I feared the worst and floored it off the road dragging the rear wheel along. He managed to cross lanes into the median without flipping. His F-150 front end laying on the ground

[kingcat]

Thanks guys, we're fine.

Donna' having a little trouble still but nothing life threatening, as it could have been.

Danged phones!

[blueboss]

Thanks guyys.. Looks like I have to call someone. Not sure about the "Hammer" Has he ever argued a case?

The hammer was more of a metaphor for find a good personal injury attorney.


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[Darrell KSR]

Thank God. Glad you guys are living and breathing to tell the story. Scary.

[kingcat]

The hammer was more of a metaphor for find a good personal injury attorney.


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I knew that Boss. It was only a little truck.
:)

[suncat05]

Glad to hear both of you survived that accident. Prayers for both of you for a full and complete recovery.
And yes, you should consult with legal counsel, especially after you receive a copy of the traffic crash report.

[Catfan73]

Thank God you’re both okay. It’s sounds like the guy that hit you certainly should have been able to afford insurance so there’s no excuse for him to be driving around uninsured.

Since Kentucky is a no-fault state, I’m pretty sure your insurance company should pay up to $10,000 in property damage and up to $25,000 each for bodily injury for you and your wife. Then they can go after this low life.

[MickintheHam]

Frightening story. Best of Luck. No ignore any pain.Life threatening Internal injuries are a problem in such accidents.

[UKFlounder]

Glad you both are mostly all right, though I'm sure aches and pains will stay around.

Good luck in whatever you decide going forward in pursuing this. Consulting an attorney does seem like a good idea

[Darrell KSR]

Dave, you guys doing OK?

[kingcat]

Dave, you guys doing OK?

Health wise we're fine D. Thanks for asking.

Just got the accident report Friday. Confirmed what happened.


His insurance, after ignoring our initial attempts to contact them now says he was uninsured at the moment of the accident. 32 minutes after the crash (he stayed on the cell phone for the hour and a half we were all there) he contacted his insurance company and made a past due payment they say. They will include that fact in the report.

So Progressive's denial is in the mail to me...yay!
Contacted a lawyer today and they called back saying our only discourse is to turn it over to the county attorney. Wouldn't even talk to us, and the guy who hit us is a homeowner who appears to be doing fairly well financially.

Hit at 50 mph in the rear at a red light leaving my wife with a concussion and both of us a night in a hospital...and what do we get. I lose my car and a get big FU from a corrupt system. (I had liability only)

Think Ill start driving without insurance too. I have honestly lost faith in about everything this old world has to offer.

Leaving kind hearts, children, my friends, and family as all that really matters.

PS: ..plus salty fried food, diet coke, and chocolate.
.....and almonds

[Doc]

I'm not sure of the laws in KY, but FL has some laws to protect the assets of the person at fault. In my last accident (my fault) I was concerned avout loosing everything. I had a lapse in coverage due to an incorrect VIN (my fault). Fortunately the insurance Co backdated policy with correct VIN and covered it all ($67,000 payout plus my car). Anyway, in FL, they can only go after assets of the driver as listed on policy or title. As a result we have one car titled to my wife, one to me and all are assets (stock portfollio, IRA's, home title, etc) are jointly owned. I was unaware of this until talking to an attorney who specializes in personal injury defense. FL is also "no fault", as is KY iirc, so any medical expenses should be no issue. Of cousre the car isn't since you had just collision

[ukpumacat]

Glad to hear you are well King. What a mess.

[kingcat]

Thanks. Im not as upset as it may have appeared above. My comedy needs work.

He is a retired marine and his wife is also retired military. Talked to him today and he asked to resolve the car issue out of court. Would be a very limited amount.