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Picked up new MS, rear-ended the next day

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A quick comment on forensic law, from a non-lawyer:
1) see a reliable, respected medical provider within 72 hours of injury. Sooner is better.
2) Be honest, but remember that what one says or posts is often used against him
3) You can, at least theoretically, get a court order for the contents of the other car's air bag computer. It knows exactly the speed he was going, the rate of acceleration, the status of the brake pedal and accelerator, the rate at which said pedals were being depressed and maybe more for something like 1.5 seconds before it had to decide whether or not to deploy its airbags. All that is saved. Similarly, his cell phone records will document as to whether or not he was chatting or texting, but you won't have a built in time reference to the accident itself, just the mobile service's time server. Its difficult to prove, to the exact second, when he hit you.

I'm particularly worried about the police employee. Hopefully they won't think they can get a biased police report, but I would be especially careful. My brother was rear-ended by the wife of a judge, and she tried to claim that while sitting in traffic at a red light, he put his car in reverse, barreled into her, lifted her Hummer off the ground, and planted itself under her car. Luckily, the police laughed off that patently false story. But they didn't charge her with filing a false police report. They both had the same insurance company so it went no where.
 
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thanks fellas. my wife tells me that words of affirmation is my love language so your kinds words definitely help and give me strength to fight to the end. I have a lawyer on retainer so will have legal backup going in. I'm already picking out the color for my new replacement tesla LOL (midnight silver?)
Did you not like it in silver, or do you think that the color contributed to you being hit?
 
I have to say I had a Silver Subaru WRX that was a magnet for getting hit by things. Never other cars while driving but the amount of random damage to that car while parked was absurd. I used to swear it was the color. I drive a white car now and its got one door ding in 6 years and I park in all the same places. Go figure!
 
I felt really bad for the OP when I read this thread this morning. Then this afternoon I get rear-ended myself having my P85D for only 2 weeks. Very sad.

Funny thing is the person that hit me (I was just sitting still at the lights) worked at the police station where we had to report the accident. Surreal.

Omg so sorry to hear. Hope you're ok. Wtf is going on that we get hit while standing still??!! Is there some involuntary reflex to just plow into new teslas??
 
Just a word of advice, do not give any updates on your medical condition in a public forum. Should this go trial in a PI case the other guy's lawyers will find your posts and use them against you in ways you can't possibly fathom.

A replacement vehicle is the only possible option in this scenario. I would accept nothing less.

Thanks for the advice!
 
"sorry, i thought the light was green...."

what about my car that's stopped right in front of you
A few years ago I was rear ended while stopped at a light. The light had turned green, but the car in front of me had not started moving yet. The girl behind me was texting, looked up, saw a green light and stepped on the accelerator without checking to see if the cars in front of her had started moving. Fortunately, her insurance company was very easy to work with & fixed all the damage to my Saab.

About 1 year ago I was rear-ended in my Focus Electric in the parking lot of my apartment building by a driver who was texting and driving over 20 MPH in a small parking lot. He was so new in the US that he didn't even have a MN license yet. He was just driving with his license from his country of birth.

Perhaps the Escalade driver was doing something like texting.
 
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This is going to be a venting session. I need consoling and uplifting words.
Picked up my new car yesterday at Buena Park. So beautiful. No issues, fitment is perfect, drive is perfect. Amazing. I feel happier than when my child was born.
Drove around yesterday, visited friends, then went home. This morning, I went to get a haircut. Sitting at red light about to make a left turn.
BOOM
Rear ended by a douchebag a-hole idiot cockroach piece of crap in his Escalade.
It's been less than 24 hours. I'm at a level of pissed I've honestly not experienced before. I'm livid, don't know what to do for the rest of the day other than being pissed, and my neck hurts. =(
I was hit similarly after a week of owning my X while I was on a roadtrip and at an offramp to the supercharger. Their insurance was good and paid for everything including the opti-coat reapply.

We stopped for lunch right after we exchanged info and I plugged in. My stomach was in knots, however. I was able to get it fixed in a week that I took a vacation so that helped :)
 
Hope OP is able to get thorough medical evaluation and any necessary treatment(s).
And that the Escalade driver's Insurance company does the right thing with regard to damage to the MS.
People are a lot harder to repair than cars.

Happened to me too. Three days after delivery, some chick rear ends my CPO 2013 MS... Turns out she didn't have insurance so I had to eat the $1000 deductible. Took 2 weeks to repair.

Hope she went to jail, or at least lost her license.
People driving without any insurance is a crime that the rest of have to pay for.
 
Hope she went to jail, or at least lost her license.
People driving without any insurance is a crime that the rest of have to pay for.
Please tell me she's in jail

Having insurance is not a requirement everywhere. While I agree with the bolded section, hoping someone went to jail for something that is legal in some places is a bit too much for my tastes. Now, I personally wish it was required everywhere!
 
Wow, just wow. This is exactly why my wife says I'm far too obsessed about the coming Model 3. She says it's just a car, and it could get trashed the day I drive it home. Man, I feel for you. I'd be just as pissed, if not more. Did you rip the guy a new one? I don't think I could have held back. I hope it all works out and the insurance co. does the right thing. I'll pray that's the outcome, plus for peace for you and your family. It is after all, just a car.
 
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I think nothing in particular per se, just make sure you have good coverage for yourself with good limits from a good company, and just do your due diligence.

going to be a MX owner soon and this has me worried. What are the things i should ensure my insurance policy has to avoid any such problems?

Make sure you have good "uninsured motorist" coverage. You can't be sure everybody has insurance. It's quite the opposite, actually.