In a matter of speaking, I suppose, yes. But it was an extremely stressful weekend, with me seeking refuge in hard physical labor before my body was really ready for it (this virus lingers...) and I, today, pay the price.
I spoke with my rockin' agent this morning, who took care of me and held my hand over the phone through everything in the wake of the accident of March '06. He surprised me when he said that this kind of thing passes their desks every day, and to them it is a routine job. However, he said, that may not make you feel that much better. "Just leave it to us. We've got you covered," were his exact words.
Just for clarity's sake:
I was run off the road (me traveling left lane on 2 lane freeway) by a big truck/SUV coming into my lane that fled the scene and who probably never knew what had occurred behind him. The car never touched mine; I opted to swerve knowing I'd spin than be hit on the side of the car where my baby was (1 1/2 yrs at the time) and be knocked into the median and probably into oncoming traffic. Amazing the split-second calculations and decisions that went on, and I remember them all. So we spun, then flipped three times according to witness reports, and ended upside down on the LEFT side of our own west-bound lanes, on fire. We had spun across our two lanes of traffic and must have caught on something to make us flip, but I have no idea what. Another car went out as well, but we didn't hit them; it was a result of their avoiding us. That car was driven by an uninsured driver, who is now suing me for damages due to "my negligence."
A part of me wants to get a lawyer and fight it. Try to teach a lesson. Social responsibility. Educated decisions made for the common good, not free-riding off others' insurance benefits.
But yeah, right...like I can change the system? I honestly don't have it in me emotionally, although on principle I'd like to fight.
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Oh and I forgot probably the most important thing.
ResponderEliminarI hope you feel better soon.
I get it now. Ok. I suppose they can try to make you liable, however I think the burden is upon them to prove you were at fault.
ResponderEliminarNot sure what a court would think but I would think the vehicle that disappeared is at fault. And isn't there some kind of penalty there for driving uninsured?
Hello:
ResponderEliminarThat is so frightening, the accident you were in. What were your injuries? Are both of you now ok?
It is so frustrating and angering to have a lawsuit against you for the other driver's lack of insurance. I am not sure about your state's rules but where I am, the "suing" is common practice between the INSURANCE companies in situations like these. Perhaps your insurance company will give you advice if they have not already done so.
I suspect, that even though it is disheartening, I imagine even if a settlement is made, it will be your insurance company who pays the settlement.
Little comfort, I know, for it feels a grave injustice. But, perhaps it can decrease your frustration a little.
Thank you for your comments always, and especially about the recent "Andrew" situation. While I do miss what I thought was a friendship, I feel a sense of relief in stepping back and seeing more how I feel that friendship was not what he was looking for. And, with that being the case, I do not feel as sad.
PipeTobacco
Z, I don't know anything about TN law. The witness reports corroborated my story about being forced off the road--there is no telling the one who forced me off even knew I was there. Nobody but God knows that. Thanks to the witnesses, the police report does state no-fault, which is a huge benefit to me. Regarding the accident, I am better. Flashbacks have pretty much disappeared, although this past weekend I had a few return. Emotionally I am finally on a much more even-keel. The children, now having been in two major accidents (http://mapiprincesa.blogspot.com/2007/10/another-accident.html) talk a lot about car accidents...although C was too young to remember the first, he is now three and remembers what just happen. K, my 6 year old, remembers both vividly.
ResponderEliminarPipeTobacco, thank you. My husband had broken two vertebrae in his lower back as a result but, with adrenaline rushing to get the children out of the car ablaze, was amazingly able to move and was not severely hurt. He has had a full recovery. I sustained a chest wall injury but was feeling better within six weeks.
My insurance company assured me all is to be taken care of, and even went as far as to wish me nice travels in January, when my scheduled "court date" was to have occurred. On principle, I would want to fight, because this makes me angry that someone skirting social responsibility will still come out smelling like a rose. Yet I cannot, alone, change the system...am I pessimist or realist?
Regarding Andrew, my thoughts have actually been on the entire situation, as I am sure many have, throughout the past week. It is painful to see a friendship suffer. He, however, needs to want to help himself, and not be caught in the trap of wanting to do right by everyone else, as that drive to be praised for one's efforts can be just as intoxicating as a drink or any other hit.
And again, I'm glad you had a great weekend! You needed it.
I don't know law either Mapiprincesa. I wish I did. We had PIP here until a few years ago and we moved into the tort insurance system. PIP was wonderful when I rolled my blazer. Tort would have been less so. I don't sue people.
ResponderEliminarIts good to know your flashbacks are gone and you're feeling better emotionally. Feeling off kilter really bites.
The kids will probably feed off of both accidents for a while. Just when you think you're over it.... one of them will pipe up with something! Oh!
I'm off to read about the other accident. ick!
I remember when that happened and how thankful I was that you or your babies weren't hurt too badly. I do know that it was an emotional struggle for you for a long time afterwards tho' - the mental anguish you have gone through has been horrendous.
ResponderEliminarAnd now it's almost like it's come back to haunt. Thinking of you.