I. Am. LIVID.

[Valgal]

So, going through the police report from Johnny's accident on Thursday and because the school parking lot is considered 'private property' the a-hole who backed into my son and ran him over is not even getting a ticket.

What the WHAT????!!!!

The police said that are 3 reasons that he could qualify for being ticketed and this situation doesn't fit any of them. So, this boy was careless and could've killed my son and is responsible for my straight-A son not returning to school... and he doesn't even get fined??? People that I've talked to keep saying that 'well, this was an accident. He didn't do it on purpose."

I don't care if it was an accident!! He's still responsible! Just because something is an accident doesn't mean that you aren't at fault. How can you claim that something was an accident and be let off the hook?

[adi&co.]

yeahhhhh it's time to lawyer up....

[Libby Pritchett]

I would ABSOLUTELY contact a lawyer. I don't believe in frivolous lawsuits, but you need to be protected. I've heard of cases where insurance refused to pay if the other party wasn't ticketed. I'm not sure that you can sue the school (a lawyer would know for sure), but I would definitely want to make sure that the driver is held responsible.

And sadly, the parking lot thing is not a new thing. My mom had an accident in a parking lot several years ago (it was the other person's fault), but because it was private property, a ticket wasn't issued. As a result, my mom was responsible for the expense to fix her car (well, my mom's insurance, I think, but still...)

[Lyd]

Hmmm. I guess every insurance company is different, but I got hit in a parking lot once and the other guy's insurance paid for the damage, no questions asked. But, of course, it was much less expensive than what you guys are looking at. I definitely think it would be a good idea to get a lawyer to make sure you are protected.

[Jjriward]

I had to go back and read the original post. I haven't been on in several days. Oh my goodness!! I hope he's doing well! And this just doesn't seem right. I agree with the advice to contact a lawyer.

[SeattleSheri]

I've worked in the insurance industry for many years. For purposes of how the insurance company handles negligence, it won't matter if there was a ticket issued. The "rules of the road" don't apply on private property, but that doesn't absolve the person operating the vehicle from liability. From what I remember, Michigan has some funky insurance regulations, so you'll want to find out more about what is covered. I would wait to see what the insurance company has to say before jumping to the conclusion you need an attorney. Attorney's fees are usually 30-40% of the settlement (including the medical in some states), so if you can effectively negotiate yourself, you end up better off, but if you don't want the hassle, it could be worth it.

Because your son is a minor, a guardian ad litem may be assigned to ensure the insurance settlement is fair. Many times the money is placed in a trust or is part of structured settlement.

Good luck, I hope he heals quickly!

For those of you who have experienced an insurance company denying liability because an accident happened on private property and no ticket was issued, I would highly recommend submitting a complaint to your state's insurance commissioners office. Any police investigation is completely independent of the insurance investigation. Contractually, the only time an insurance can refuse payment for no police report is your first party benefits require you to file one to make a claim (PIP, UM, etc). If they are saying the facts of the accident are word vs. word, that's a completely different situation.

[Libby Pritchett]

Sheri! You know I love it when you talk all professional and stuff.

Sorry if I gave misinformation. My mom's deal was probably 25 years ago, so it IS possible that I'm remembering the details incorrectly. I just remember she always made a huge deal telling us to be extra careful in parking lots because of the liability thing.

[rach3975]

I hope it all works out with the insurance company and you don't need to pursue a lawsuit of any kind. I know it's hard to fathom that there aren't going to be formal consequences for the child who hit your son, but if it's any consolation I imagine his own guilt and remorse are a worse punishment than any ticket would be.

[carrie1977]

Originally Posted by Libby Pritchett

Sheri! You know I love it when you talk all professional and stuff.

Right?!

[SeattleSheri]

Originally Posted by Libby Pritchett

Sheri! You know I love it when you talk all professional and stuff.

Sorry if I gave misinformation. My mom's deal was probably 25 years ago, so it IS possible that I'm remembering the details incorrectly. I just remember she always made a huge deal telling us to be extra careful in parking lots because of the liability thing.

I am such a geek with my insurance talk, lol ... and you didn't give misinformation! Parking lots are absolutely extra tricky. I've seen so many situations where insurance companies couldn't determine fault because it was word vs. word and the damage to the vehicles couldn't conclusively support one version over the other. It's good to have the police respond, even if they can't issue a citation, because they can describe what the involved parties said/did at the scene and collect witness information ... and contacting an attorney isn't a bad thing either!

I also agree with Rachel. It sounds like the other driver is just a kid too and people do make mistakes -- especially newer drivers. Drivers and pedestrians alike need to be super cautious in parking lots. It's just unfortunate that his mistake caused an injury to your son. I learned a similar lesson when I was young and was almost hit by a car in parking lot because I assumed the driver could see me, from that point on, I always make eye contact before going anywhere close to a moving vehicle. Hopefully this incident increases some awareness to others. I would imagine the driver feels quite a bit of remorse, even if it's not apparent. It's highly likely he will see a hefty increase in insurance premiums which is far more than the cost of a ticket.

[Valgal]

Oh I love all this info. Thanks for taking the time. We were informed by our ins agent yesterday that THEY will be the ones to go after the other driver's ins. The fact that it's private property has made everything SO MESSY.

I knew I was angry about all this, but I didn't realize just how much till I spent the evening with my girlfriends yesterday and just let it all out. I raged and cried and spewed out everything I've been thinking. I was one hot mess. When I've started to express my feelings to dh he shuts me down quickly. I think it's because he doesn't want me hurting and his way of helping is to try to adjust my way of thinking, but instead it's just shoving my hurt right back in again.

My girls just let me go crazy and man was it ugly. Then they comforted me, prayed for me and assured me that I'm not a nasty horrible person, that I'm normal and a fierce momma and instead of being ashamed of my feelings I need to accept that I'm just a person and this anger is normal and expected.

I realize now that my feelings have been like an angry dog tethered to me and when anyone gets close it snaps and attacks. AFter spending time with my girls I went home feeling totally free of all that. I feel like I can actually BE there for Johnny now, be strong for him instead of walking around wounded. It doesn't make everything ok, but I can handle it with a new attitude. I feel clear headed and didn't even cry myself to sleep last night.

[carrie1977]

Nothing like a good night with girlfriends.

[staciahall]

I'm so glad your friends were there for you last night, Valerie. That sounds like JUST what you needed to get through the next little while and feel a little better on the inside. Girlfriends are wonderful things!

[abm234]

Originally Posted by SeattleSheri

I am such a geek with my insurance talk, lol ... and you didn't give misinformation! Parking lots are absolutely extra tricky. I've seen so many situations where insurance companies couldn't determine fault because it was word vs. word and the damage to the vehicles couldn't conclusively support one version over the other. It's good to have the police respond, even if they can't issue a citation, because they can describe what the involved parties said/did at the scene and collect witness information ... and contacting an attorney isn't a bad thing either!

I also agree with Rachel. It sounds like the other driver is just a kid too and people do make mistakes -- especially newer drivers. Drivers and pedestrians alike need to be super cautious in parking lots. It's just unfortunate that his mistake caused an injury to your son. I learned a similar lesson when I was young and was almost hit by a car in parking lot because I assumed the driver could see me, from that point on, I always make eye contact before going anywhere close to a moving vehicle. Hopefully this incident increases some awareness to others. I would imagine the driver feels quite a bit of remorse, even if it's not apparent. It's highly likely he will see a hefty increase in insurance premiums which is far more than the cost of a ticket.

Very well said Rachel and Sheri!

I pray for a very speedy recovery for your son! What an awful ordeal for you to go through.

[DawnMarch]

I'm sure I'd be furious too if it were my son and even if I knew it was an accident. All that emotion has to go somewhere! Glad you were able to work through it with your girlfriends. A good cry is sometimes the best medicine.

[Valgal]

If this were Facebook I would *like* all of your comments

[kelley]

Oh my goodness!! How is that even possible?

[fifilur]

I'm so sorry your family has to go through all this! Hoping it turns out well in the end!

[Valgal]

So, if anyone is still reading this stuff, John had another long talk with our State
Farm guy (no, sadly not Jake from State Farm) and we honestly didn't know how much coverage we've been paying for all these years. They are not only paying for whatever our health insurance doesn't, they are also compensating us for taking care of him and for us doing his chores around the house. I feel realllllllllllllllllllly weird about that, and started to refuse it because DUH we're family and he's my kid and that's what we do!!! BUT, the guy kept pointing out that this is what we've been paying for all these years. And you wouldn't pay for groceries and then walk out letting the store keep them.

Also, this is the bizarre thing, Johnny was going to start searching for a job as soon as school is out, and they are going to pay him what his ENTIRE WAGES would've been. Of course, there's lots of calculations to do. They're not going to pay him for a job he wouldn't have qualified for. But let's say, for example, that he was going to get a job at Taco Bell and work 20 hours a week. State Farm will give him what his paycheck would've been.

They are also considering compensating him for pain and suffering.

We have no idea we were paying for all this coverage. It was just wrapped up in our bundle. Isn't that cray-cray?

[rach3975]

Yes, but in the very best way! I'm glad that at least the insurance part of this ordeal is going well.

[jacinda]

Wow! Your insurance is awesome! So glad you've had some good news in all of this.

[Deannaj]

Hope your son is feeling better by now, and so happy that you had some positive re-enforcement from your girl friends!! That's what friends are for!! Sometimes a good cry is worth a million. Glad you have good insurance--sounds like you don't have to worry about too much there.
One time my son was hurt by a "mistake" the boy next door made--and my son almost lost an eye. Their insurance paid for my son's hospital stay--and then wanted us to "sign off" on it--stating that the insurance company had fulfilled their obligations. In the meantime, the doctors had told us he'd probably need "additional care" down the road to fix things the right way--so we didn't sign off then. As it was, OUR insurance picked up the whole thing, so we put the money from THEIR insurance into my son's college fund. they said it was for pain and suffering--so we actually weren't "paid twice"as he was admitted under our insurance because I had NO CLUE I was supposed to admit him under something else!! I just wanted him fixed!! Sounds like you have a great guy taking care of you!! Good luck.

[Valgal]

What was the accident???

[Deannaj]

It was just kids playing that didn't go well! --boys being boys, and not being careful with a motorized airplane. The neighbor boy had it on a wire going around in a circle, and the the plane flew off and hit my son in the eye. It was a pretty big plane, and the wire wasn't the correct kind--make shift, that didn't work. ----and my son's eye was damaged--needed surgery--and then another surgery later. He's fine now, but it was scary to begin with!! It was totally an accident. The boys were friends. We had NO intention of even involving the neighbors insurance until the insurance man came over to our house for us to sign a waiver releasing them of all further responsibility. (and we hadn't known they HAD any responsibility!) At that time, my husband was thinking he was going to be laid off from his job, so if he had been, we would have lost our insurance, so we were grateful for the back up! But then we didn't need it anyhow! Hope your boy is doing ok. The insurance company put it down "for pain and suffering." He was hospitalized for 1.5 days,(first time) He had to wear a patch for awhile--and then after the patch was removed, his eyes didn't work right together even though independently he could see fine. After awhile they had to go back and release some muscle they had sewed up a bit to much or not enough. That was an in and out surgery. He also had to have eyelashes removed permanently because several were growing into his eye because of where they had to put him back together again==they caused a lot of irritation. I think it was several months before we got him seeing well with both eyes! The eye surgeon that took care of him was his ice hockey coach!

[Valgal]

What a weird, freak accident! At least my boys wear glasses, lol! So glad it turned out ok.

[jessica31876]

State Farm is a great company. They took really good care of us after we lost our son and my husband was in the hospital. We had actually switched from Geico just a year or two prior to this and they were a horrible company so I am really glad we switched. The difference in making a claim with the two companies was night and day. I will never used another insurance company personally. And out of all the companies we looked at State Farm was easily half the cost of the other insurance companies for more coverage. Glad your son is ok. I could write a book about how screwed up the system is with criminal charges and citations.