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!

You could probably sort through it piece by piece and salvage lots of it. If it were me though, yep, it's totalled and "brand new" and every bit of it (and more) would be on the report to the insurance company.

They probably have a limit to the amount of things in the car they'll replace but the gear is probably not even close to that.

Also, in a month or two, you'll get a letter from his insurance offering you a few thousand to sign something to the effect that you will not pursue them for anything related to your whiplash in the future. Make sure you've talked to a doc about this before you take the deal.

HOly FUCK!! Blessed you are!! I think you'll need to talk to your insurance company, as I believe they will be the ones to go after his company for damages. Make sure you have the police report and all of the other driver's info. Call your insurance company. I could be wrong but that would be the first step.

J Red......really glad to hear that you survived the accident. You pose an interesting question about your insurance company or the other driver's insurance company replacing your gear, but it really depends on your policy (fine print). Regardless, the agent will ask for receipts for everything you claim. Sucks, but I save every receipt, having gone through this with numerous burglaries. Good luck.

Get a lawyer. If the insurance company knows you don't have one they deal with you way differently than if you have one. He'll typically add his compensation on top of what you'll deserve to get. Meanwhile, it is the person at the insurance company's job to do everything possible to screw you. Assuming the culprit was insured, you didn't say. If he wasn't, get a suit filed asap.

Glad you're OK.

As already said, lawyer up.

I'm a little curious on the destroyed gear though. Crushed and bent? Oiled? Seems a little weird.

Mike Lane wrote:I'm a little curious on the destroyed gear though. Crushed and bent? Oiled? Seems a little weird.

Why would it seem weird? A rear-ending at 80mph could easily rupture the gas tank and get fuel on everything.

You have to get your own lawyer to sue/threaten to sue for compensatory (gross medical regardless of whether your own medical insurance paid for it) and punitive damages (usually 3x compensatory).

Also, medical issues from whiplash could show up later and last a long time. Don't even talk to the other guy's insurance about medical issues, tell them you're getting a lawyer and hang up.

Listen to what JLP said. He is right on. Lawyer is unnecessary unless they try to screw you. Don't accept a check until you have accounted for EVERYTHING. You should not have a pay a CENT.

My oldest friend (known him for 31 years) is a personal injury lawyer. Get one, get one that doesn't require a fee and takes from the settlement. You are lucky to be alive but don't sign anything without legal consultation.

J Red wrote:I unfortunately have the cheapest insurance available with Geico. Because Utah is a no fault state the car insurance companies pay out of pocket for medical but there is a cap (I think it is $3000). I already had to be put on a stretcher, taken to the hospital on an ambulance, talk to the doctor and have had xrays done PLUS I had to go to a specialist in auto accident chiropractor who has adjusted me, consoled and has done xrays. I most likely over the cap. As for the car because of the lowest form of insurance I dont have collision coverage. I have to pay out of pocket until the other insurance company takes responsibility for the accident. It will take as much as 10 business days to get the police report. So for the next two weeks I am going to have to pay for a rental car, pay for the car to be in the lot, etc, etc. To top it off I am missing work due to this. Plus I have the car and the gear to replace. The good news is there was a witness who saw the whole thing. In fact, he almost got hit by the truck that hit me a few minutes before and was already calling the cops for reckless driving. So with so much at stake I am really considering a lawyer just cause there is so much at stake.

lawyer up man, this is your gear we are talking about. who cares if he/she pockets some, I bet you'll be happy if you do and you will get some to help pay for all of your time dealing with the incident which the ins. companies dont give a shit about . I despise frivolous BS lawsuits but this is NOT the case.

and I'll take the damaged rack too.

J Red wrote:I unfortunately have the cheapest insurance available with Geico. Because Utah is a no fault state the car insurance companies pay out of pocket for medical but there is a cap (I think it is $3000). I already had to be put on a stretcher, taken to the hospital on an ambulance, talk to the doctor and have had xrays done PLUS I had to go to a specialist in auto accident chiropractor who has adjusted me, consoled and has done xrays. I most likely over the cap. As for the car because of the lowest form of insurance I dont have collision coverage. I have to pay out of pocket until the other insurance company takes responsibility for the accident. It will take as much as 10 business days to get the police report. So for the next two weeks I am going to have to pay for a rental car, pay for the car to be in the lot, etc, etc. To top it off I am missing work due to this. Plus I have the car and the gear to replace. The good news is there was a witness who saw the whole thing. In fact, he almost got hit by the truck that hit me a few minutes before and was already calling the cops for reckless driving. So with so much at stake I am really considering a lawyer just cause there is so much at stake.

I've been through this before. No climbing gear involved but I ended up in the hospital in bum fuck Arizona, and with a totalled truck in the junk yard. We had to pay out of pocket for everything (rental, flights home, etc) and it was months before anything got paid for. In the case of my hospital bills - it was nearly two years.

I agree with most of what JLP said, but in my experience expecting your own insurance company to fight for you is wishful thinking. The driver of the car I was in in Arizona had a reasonable policy and his insurance did nothing for us. They were part of the reason I waited so long to get my hospital bills paid. They kept saying they were handling it when in fact they were doing nothing. In the end, I called up the company of the other guy (faulty party who hit us) and threatened to sue them. Nothing happened until I said the words "this is the last phone call I will make. The next one you get will be from my lawyer." A week later there was 3 grand my bank account.

Like someone else said, the insurance agents are paid to screw you. That is their number one goal. They will give you the run around and lie to you until you give up or until statue of limitations has passed (2 years in Arizona). Like JLP said, get everything rolling ASAP and don't take no for an answer. Learn the rules, do some research, and consider it your job to get this shit taken care of. Make a phone call or two every day - DO NOT wait for them. The minute you stop calling your file goes on the bottom of the stack and sometimes it even goes in the trash.

If you have any questions shoot me a PM. My brother does this for a living and is damn good at it. He'd be happy to give you some advice.

Yup, like Ryan said the other guy's insurance will only try to screw you. Like a friend of mine who was rear-ended last week and had them calling her saying "We'll give you $300 to sign away rights to recover, this is a one-time offer, take it or leave it." Bullshit.

After some further research, I now realize the 4.8k settlement I got in college was probably fully compensatory damages ie
$1,200 for my gross medical expenses and $3,600 (3x medical) for pain and suffering.

I had a lawyer for free from Student Legal, I suppose you could try to work it out on your own and avoid a 30% contingency fee; depends on the complexity of the medical issues and expenses and how the other side is behaving. I'm sure these kinds of suits can be filed quickly, but I would still watch the statute of limitations and give yourself a little breathing room to find a lawyer if the negotiations go south.

Look like the front of the car is OK... should be no oil on the gear. Gas? Yeah, maybe. If it's not crushed or bent, I'd salvage it. Cams - new sling. Carabiners- no bend or marks? They're OK too. Gas won't hurt the metal.

Craziness. What a ride. Hope you heal up and don't have long-term issues with your neck.

I love it that you're so super concerned about your climbing gear to post up right away. True climber!

I was in an accident three years ago in Colorado. Here, they divide the claim into two parts: One is the cost of the vehicle etc. I asked them to replace my parks pass (hey, it was $60), and add in the $800 in repairs I had just put into my car. They second part was the medical claim/loss of work. Document EVERYTHING, hours missed etc. The best move I made was getting an attorney. Yes, they take a percentage, but I know I got much more than I would have on my own. Plus, it was so good to have someone to take over so I could focus on healing and getting my life back.

After a reasonable amount of time without aa acceptable response elapses, I've almost invariably found it instantly productive to tell the insurance lackey about your weapons, specifically naming the type of firearms and detailing the loads. It's as if insurance companies don't won't to deal with crazy dangerous people.
But only as a last resort.

Glad you're alive. I'm sorry for your misfortune (been there).

I didn't read through the whole thread, but just wanted to mention that I have a friend who had gear destroyed in a car accident (some of it was merely "questionable" post-accident) and it was replaced by the insurance company. Don't know any of the details, but definitely pursue it and best of luck!

Christian wrote:You have to get your own lawyer to sue/threaten to sue for compensatory (gross medical regardless of whether your own medical insurance paid for it) and punitive damages (usually 3x compensatory).

Everyone is so quick to sue. Granted, lawsuits do have their place; but, if the truck driver made an honest mistake and he is a reasonable, honest and genuine dude, then there is no reason to try to take away his house, car and belongings in a lawsuit because of an accident that anyone, including you, could easily make.

OP: That is a crazy photo. I am glad you walked away. My advise would be to try to deal with the insurance companies, and get an attorney you want, but understand that he will take a portion of the claim and pocket it. The truck driver's carrier will not cover your attorney fees, and neither will your carrier unless your carrier appoints an attorney to you. If you want to sue the driver's insurance company, fine. But dont go after the driver personally unless you truly believe he was being grossly negligent. Also, keep in mind that if you do go after the driver, and you win a huge settlement, you probably wont ever get the money (Truck drivers dont exactly drive Ferraris.)

JLP wrote:...but realize what's going on is your insurance company will generally be reliable in acting in your interest to the extent they are liable to, or to the extent they have a financial interest. Since they are basically liable to provide you little to nothing in this case, you'll be doing the work on your own. There is a pile of money waiting for you at the other driver's insurance company and you don't need a lawyer to get it...

This is probably the most important part of the whole thread. Your insurance company will only work to cover their own asses. If they are going to have to pay you something because of a clause in your policy, then they will work damn hard to get the OTHER company to pay for it. But if they don't owe you any money then there is no financial incentive for them to do any work for you. In that case, like JLP said, you are on your own. But in my experience (and at the advice of my brother) the threat of a lawyer was enough.

It always seems like a safe bet to hire a lawyer, but even if you're paying a lawyer a lot of money, he is still not on your team. The legal system in the US can best be described as organized crime and that is more evident in insurance and small claims cases than any where else. It is a shit show, plain and simple. No one is going to win accept for the lawyers and maybe the judge who gets a kick-back or a campaign contribution.

Think about it this way: You wouldn't see a defense attorney in some stupid TV commercial saying "have your murdered someone? Just call the offices of Dumb, Fuck and Shit and we'll get you off!" It is because murderers MUST go to court. You don't have to - but the lawyers sure as hell want you to.

I think that if you just get the ball rolling and let the truck driver's insurance company know that you mean business, you should be fine. They have to pay you - but they are going to try every which way possible to delay payment. If someone was trying to get me to fork over $5,000, I'd do the same thing.

It's a long and shitty road, but at the end you will get your money. Just don't be patient - be annoyingly obsessive. The more you pester them, the more tired they will get and in the end they'll just give up and pay you your money.

I don't think Geico needs to know anything. It is the other guy's insurance you will deal with. I got hit on my bike and he had Allstate. I talked with them a couple times with the amounts of my damage and they sent a check (even 200 for 'pain and suffering') I got lucky like you did with minor injuries.
Steve