I had a show in Salina, KS this weekend. Friday night, I was t-boned in the driver's side front by a drunk driver, though below legal limit, so he was not arrested. I was on a main road and he did not even stop at the cross street stop sign before plowing right into me full speed. How does one miss seeing a large white van with blue stripes running down it!? My driver’s side front suspension needs to be placed and door repaired or replaced. Frame appears to fine according to wrecker mechanic. Will find out more today. I am praying insurance will not total it out since it is '97, but it is highly customized, so not easily replaced especially on the road. I only suffered severe whiplash since I was in a large van and hit by a small sedan. His car is totaled. Thankfully, I was at a well-run caring community show (Smoky Hill River Festival) that has helped me store my artwork until things get sorted out. The director actually saw my van on the wrecker Friday night.
I have not been a car accident in 22 years back in college, so I am unfamiliar will what I should do, especially since this will affect my business. I was in a dull haze most of the weekend, so my sales were not great, while most others were. I could not communicate well at all especially on Saturday. The whiplash was worse on Sunday. I could not lift my right arm up very far. I am seeing a doctor today for it. I will be on the road until late October. My van/home is out of commission for an unspecified amount of time (will find out more on that today). I have a full schedule with only a couple weekends off this summer. My next show is in South Bend, IN, then Columbus, OH, and then Chicago. Right after that, I fly home for 1.5 weeks. How do I determine lost wages for a job that fluctuates so much? What records do I keep? Do I contact a lawyer or just let insurance handle it (I have USAA with comprehensive and his is Nationwide)? Should I rent a van to do my next two shows then drive the 12 hours back? I stay in South Bend as a home base for most of the rest of the summer. Any advice would be greatly appreciated.
Comments
Brett, I'm sorry about your accident. I hope you are keeping your HEALTH a priority for as long as you need to because proper care right after a car accident is the most important thing you can do for yourself. Your van is metal & can be replaced one way or the other. The reason I'm saying this is I had a major whiplash in the 80's, & I still get horrible headaches from then! I was rushed to the hospital right away with continued care & a neck brace, ect. Barry & Susan are right as far as attorneys. Other than reporting the accident, Insurance companies should be handled by your attorney, & you should not be talking about "what happened" in the accident to friends, ect. as any attorney will tell you. Once you have an attorney, he will direct you as far as "what to do next". Listen to your attorneys direction~don't talk to the insurance company anymore as I'm sure your attorney will tell you, & please take care of yourself or you will regret it later in life. Whiplashes are very serious. I can't believe you were not in the hospital right away! I'm glad you also got professional legal help~just put it in your attorneys hands & try & relax now. Take CARE!
I suggest you retain a personal injury attorney. Your insurance (or his) will pay for repairs, and likely for your medical bills, but your loss of earnings, loss of earning capacity, pain, etc, is very difficult to get compensated for unless you have an attorney. Many times these matters are resolved by a letter from a lawyer to the insurance company for the other driver.
I practice law in Florida, usually representing the defense in personal injury cases. Although I cannot give you legal advice, I do suggest that you find an attorney soon. Best of luck to you.
Worked for me too, thru Paypal with ur email address. I feel so badly for you both. I have to say that this site is really wonderful with all the great comments, ideas, advice and now donations. Talk about a community pulling together. Keep us posted and best of luck!
You need to get a lawyer right away because you are going to be out of commission a lot longer than you think. The insurance companies will pay, but, they have to be "guided" to do the right thing. Let your lawyer do the talking to the insurance company. He will get you your proper compensation for what you've been paying for all these years.
Absolutely DO NOT settle with the insurance company and DO NOT sign anything. They are going to give you the least amount, and help you the least. Also, it is common that medical problems show up months later. You need a personal injury lawyer who will take care of you. Karla is by far the best show director of any show that I've ever done. Salina is a tight knit community. If you need a Kansas lawyer, have her help you get a local one. If you live in Michigan, call the Sam Bernstein law firm.
If anyone could repair a van, it would someone in that area.
She could hardly be heading to a better area of the country for finding a vehicle that may work for her. South Bend is in the heart of "van conversion land" at Elkhart and Goshen ... still not a happy day for Brett.
There is a used trailer and van dealer on I-69 outside Muncie, IN and of course South Bend and Elkhart are van and trailer central. There's a used van dealer in Indianapolis that specializes in commercial vans and carries a good sized inventory.
Update:
The van is a loss. we are not going to be able to prevent them from totaling it. It is cheaper to ship the van to South Bend than it would be to get a uhaul and drive all of her stuff there. If the van gets picked up today and delivered tomorrorow, Leeper park is still theoretically possible. Brett is an absolutely typical Type A workaholic, and hates missing a show for any reason, but unless the shipping companies can preform some kinda magic for us, it looks like shes going to miss this one.
I have added the paypal donate button to Brett's website (she may make me take it down or move it, i sorta didn't ask her abt this), for now it's right on the landing page. Her website is: http://www.pbase.com/ecoridge
Currently the plan is to get Brett and her stuff to indiana, borrow something to get her to her next few shows, find a new van, and continue. How long this is going to take is anyone's guess.
-
1
-
2
-
3
-
4
of 4 Next