The Shoulder
The Shoulder
65
Property damagehearty-hare-289

Other driver blew a stop sign and totaled my car — what do I do now?

Still kind of in shock writing this. About two weeks ago I was driving through a neighborhood intersection when a pickup came flying through a stop sign and T-boned me on the driver's side. Completely out of nowhere. The airbags went off, my door was caved in, and my car got towed from the scene — it's almost certainly a total loss.

I went to urgent care that same evening because my neck and shoulder were killing me. They did x-rays, gave me a referral to an orthopedic specialist, and told me to follow up. I've been to two more appointments since then and I'm apparently looking at some soft tissue damage plus possible nerve involvement. Still waiting on the full picture.

A police officer came to the scene and filed a report — the other driver was cited on the spot, so fault feels pretty clear to me. I've already notified my own insurance and gave a recorded statement (maybe I shouldn't have done that so fast, I don't know).

Here's where I'm lost:

  • The other driver's insurance has already called me once. Should I even talk to them?
  • My work is hourly and I've missed almost a week of shifts. Can I actually recover that?
  • My car is gone and I still owe money on it — am I just stuck with that gap?

I have no idea how personal injury claims actually work. I've never dealt with anything like this. Any guidance from people who've been through it would genuinely help right now.

13replies

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13 replies

  • 21
    brave-fox-919

    Not legal advice, but generally speaking — when there's a clear police report establishing fault, documented injuries, and property damage, that's exactly the kind of situation where at least consulting with a personal injury attorney makes sense. Most do free consultations and work on contingency, meaning you don't pay unless you recover something. Given that you've already given a recorded statement to your own insurer and the other side is already calling you, it might be worth getting someone in your corner soon rather than later.

    • 0
      thankful-road-soul590

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 16
    gentle-tern-716

    Here's what I'd do if I were you: stop talking to any insurance company until you've at least had a free consult with a PI attorney. Write down everything you remember about the accident right now while it's fresh — weather, road conditions, exactly what you saw, what you said to the officer. Take photos of your injuries even if they seem minor. Keep every single receipt and document related to this. You're building a file whether you realize it or not.

  • 16
    careful-grouse-293

    Quick question — did the police report explicitly cite the other driver for failure to yield or running the stop sign? And did anyone witness it? Just asking because 'clear fault' can sometimes get murkier than it seems when insurance companies start their own investigation. Not saying that's your situation, just want to make sure you're not assuming something that needs to actually be confirmed in the documentation.

  • 12
    warm-sparrow-468

    On your specific questions: yes, lost wages are generally recoverable in a personal injury claim — you'd typically need documentation like pay stubs and a letter from your employer confirming missed time. For the gap on your car loan, that's where GAP insurance comes in if you have it, but if not, it can sometimes be part of your claim depending on how things shake out. The recorded statement you already gave your own insurer is usually fine — that's pretty standard. It's the at-fault party's insurer you want to be cautious with.

  • 11
    quick-mole-673

    I'm so sorry this happened to you. The fact that you're dealing with potential nerve damage on top of all the insurance and financial stress sounds genuinely overwhelming. Please make sure you have someone supporting you through this — it's a lot to manage while you're still recovering physically.

    • 4
      curious-rider441

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 8
    patient-crane-872

    I went through almost the exact same thing last year — clear-fault accident, police report, the works. The biggest mistake I made early on was assuming the other driver's insurance would just 'do the right thing.' They dragged everything out and kept low-balling me. Do NOT let them pressure you into a quick settlement before you even know the full extent of your injuries. Once you sign anything, that's it.

    • 10
      wise-kestrel-801

      That call from the other driver's insurance? Be very careful. They are not on your side — full stop. Their job is to close your claim as cheaply as possible. You are not legally required to give them a recorded statement. I'd honestly say don't talk to them at all until you know what you're dealing with medically. They will use anything you say to minimize your payout.

    • 12
      quick-owl-715

      Former claims adjuster here, so I'll give you the inside view. When we called claimants early — like within the first week or two — it was almost always a strategic move to get a recorded statement or float a fast-offer before the medical picture was clear. A soft-tissue injury with potential nerve involvement could turn into something much more significant over the next few months. Once you settle, you can't go back and ask for more. Just something to keep in mind before you pick up that phone.

    • 8
      hopeful-walker133

      Appreciate the detailed write-up. Saving this for later.

  • 7
    mellow-swan-028

    Please don't skip any of those follow-up appointments, even if you start feeling a little better. Soft tissue injuries and nerve stuff can genuinely feel like they're improving and then flare back up weeks later. Your medical records are also basically your paper trail for the claim — gaps in treatment can actually be used against you. Keep going to your appointments and do what they tell you.

    • 6
      careful-commuter143

      Thanks for sharing. Hope things are getting a little easier for you.