I was in an a wreck, hit by drunk driver

[Geoff8201]

Yesterday Saturday June 20th, around 6:15pm I was crossing the intersection of Richmond Ave. and Buffalo Speedway, heading north on Buffalo. I had the green light, and started to proceed through the intersection when out of no where I was struck by a white pickup truck, smashing in my front passenger side corner of my new G6 that I've only made 4 payments on. The impact was more than enough to activate my air bag and skid me over leftward, and leave me stunned for a second in shock, like "what the hell just happened??" I quickly realized the situation, but being the first major wreck I've been in, I was trying very hard to make sure I wasn't missing any steps in dealing with this.

Another vehicle missed getting hit while he was making a left turn, and stopped to assist. Another stopped and gave me his name and number as a witness to the incident. In between communicating with On-Star and answering their questions I found that the other driver in the truck, was not hurt, but so drunk he was barely able to make words that sounded like English and probably didn't fully understand what just happened. He was taken into police custody without incident. The whole time he was completely cooperative, but more like he had just had a full frontal lobotomy... communicating with him wasn't all that successful. In trying to communicate with him the driver that avoided getting hit that stopped and I agreed why bother to even say a word to him. He was cooperative in removing his keys from the ignition and tossing them to the ground.

The Officer got the man's information for me, and ironically we have the same insurance company. I was not injured other than a welt on my left arm from the airbag and a few tiny scratches that I didn't even notice at first. I've had a minor headache for the past day, probably because I'm stressed like hell and have a sunburn on my back and face. I'm pissed! My new car, is wrecked. I'm sure others who have been in the same situation have had the same emotions.... I just need to vent cause it's so infuriating. While my car is repairable (maybe, I hope) some frame work was exposed, and hopefully not damaged, but I don't know. My headlights on the passenger side are non existent, the bumper is damaged, the hood is bent, my radiator lines are punctured, my wheel well is smashed, my rim is bent, air intake is destroyed, wires and twisted metal exposed, and that's just what I could see. A/C lines could be damaged, pulleys could be bent, etc etc. We'll see.

So that's what I'm dealing with. I need to get a rental car and find a place to get my car fixed... maybe the dealer? though I'm not too happy with them either... I'm due to go to Europe in 3 weeks, and don't have time to deal with this, but what choice do I have. Insurance will pay for and reimburse me for everything in time after they investigate. Hopefully I get money back sooner than later because I need what I've saved up for my trip.

So should I do anything else? I'm not a fan of frivolous lawsuits, nor do I want to participate in one. If I have a legitimate case against him, then it would be wise and justifying to pursue it. While I was not injured, this guy was drunk, very drunk. Someone is responsible for that, whether it be him, his friends or the bar that served him the alcohol (I don't know at this point where we was coming from). He was taken to jail like I said, but a couple nights in holding for something like this isn't enough. A court date, Financial loss, AA meetings, something to keep him from repeating his unacceptably poor judgment call even again, I believe is totally warranted. I'm going to miss work tomorrow without pay (used all off-time up) to deal with getting everything going on my car rental, and repairs. The whole situation is very infuriating (I know I said that already), especially that now that my new car, isn't so new anymore, and has now been in a wreck has lost further value whether it is repaired perfectly or not.

[20thStDad]

That sucks man, sorry to hear that. I haven't been through the same thing, but my advice would be to not jump at the first settlement you are offered. Maybe it changes things that your insurance companies are the same, but in the end the insurance company is going to want to pay as little as possible. Document all expenses you incur, see a doctor, and assume that the first settlement offer you get is one they are really hoping you will take.

[Ross]

Your decision on whether or not to sue depends mostly on the insurance company. You should get compensation for:

Car repairs

Car rental

Medical expenses - go see your doctor to make sure you really are OK, and to get a prescription for pain relief/muscle relaxant

Missed work to get any of the above done or to testify in the other guy's trial

Any other expenses you incur

If the insurance pays all of that without any problems, forget the trip to a lawyer. If the insurance company tries to get cute and deny your claim, then it's time for the lawyer. If the costs exceed the limits of the other guy's policy, check to see if your underinsured motorist coverage will pay.

[Porchman]

Sorry you had to go through this. I had a similar accident with a supposedly drunk driver in a puportedly stolen vehicle. All airbags blew, along with most windows. I, too, was addeled. I also had major whiplash and gllass cuts on my face. The discomfort and inconveneince suck. However, whether it be a drunk, somebody on their cell phone, or a person - ahem - well past their driving prime, we take a risk driving in Houston traffic. You'll be touchy for while. You'll get used to it again.

As far as seeking remuneration: In many respects, your claims are subrogated to your insurance company and any settlement you accept for repair may negate further claims. (I had to file under my uninsured coverage, BTW.) You could discuss further claims with an attorney.

For justice, start with asking the DA what they plan to do about the case.

[musicman]

be grateful you don't have any permanent injuries and are able to vent.

[RedScare]

The DA will call you, probably within the next week. You will have your opportunity to express your views on punishment. However, if it is his first offense, you were not badly injured, and he has insurance that covers your damages, chances are very good that he will receive probation. The DA will negotiate a plea based on what he or she believes a jury would assess if the case went to trial. By and large, first offenders get probation.

Glad you're not badly hurt. Hope it all works out.

[CoolBuddy06]

Good to hear that you're ok. Accident sucks. It messes up plans very badly. Personally I wouldn't worry about suing because I hate the court system. It is too slow and tangled for me to deal with.

It helps a lot if you know the terms of your policy. A lot of things are covered with comprehensive insurance and I presume that that is what you have. Towing costs and 'pain and suffering' settlement (I don't know the technical term for it) can be added to what Ross listed above. Your car will likely be written off if both driver and passenger air bad deployed. You can talk to your agent and he will explain a lot more about your policy. Stay well.

[Geoff8201]

Thank you everyone for your concern, as physically I feel fine, other than a minor headache that I barely notice is there (if it persists I will see a doctor, but I have had some on again off again sinus pains in my face anyhow). The only pain I really feel is this sunburn I have on my back and face from earlier in the day Saturday. Super white skin and intense summer sun don't mix. I wonder if people will ask if they are airbag burns?

As Musicman said, yes I am lucky I wasn't hurt, as the vehicle did what it was supposed to do to protect me. I am not without realization of that. It was fortunate the other driver was not going at a higher speed than he was otherwise I would have been spun and more likely suffered some sort of obvious injuries.

Porchman, your wreck was worse than mine. It gets intense when broken glass is involved. I didn't have any window breakage, although my memory is shady on whether my front windshield has any sort of cracking... I would have to see my car again. Indeed we all take a risk everytime we're on the road, cause lets face it, the population of idiots isn't in short supply. My "inconvenience", suffering" and "Mental Anguish" is simply what's referred to as life, and can be safely filed away under "$#!* Happens". I feel a lawsuit based on those things would be frivolous and more trouble than its worth.

If any attorney calls me or asks to see me on the matter of the other drivers negligence and intoxication, all I can say is this man has a definite problem for being that loaded at 6pm. He deserves whatever is handed out to him, and I will make sure to say whomever served him the alcohol and allowed him to drive afterwards is liable too. It is a bartender's job to cut off a customer, take their keys and call them a cab. Mixing drinks is actually a very small part of the job. If he was among friends or family at a residence when he was drinking they are liable for letting him drive afterwards. Calling him a cab, or allowing him to crash on their sofa are reasonable alternatives. There really is no excuse.

I have found a repair shop that has more than enough testimonials, and they were willing to talk to me on the phone for a bit to offer assurance that my car will be 100% back as it was along with a lifetime warranty on all the repairs. Can't ask for much more than that. Plus with my insurance company, its my choice if I want to go with them and work can begin immediately after I speak to my claims adjuster. Along with insurance paying for repairs, missed work time and a rental car, I believe I am due the depreciation my vehicle will inherit. Even fixed 100%, there will still be history reports that my vehicle has been in a wreck, lowering its resale value. I am going to press for this money, because all in all my vehicle being like it was and its value are my biggest concerns, especially after so much extra work to make a decent down payment and only 4 payments to the creditor into the thing.

On a side note, if you guys and girls want to hear something strange... A. I have had new car owners paranoia even since I bought this vehicle, which I'm sure is very normal, and made me an even safer driver. It has stuck in my mind for that last 4 months that now that I have a new car some idiot is probably going to hit me. The other thing is B. Has everyone here seen the Curious Case of Benjamin Button? Point to that movie is there is a scene when a character in the film is hit by a car, and an entire sequence of events is described along with every little thing each person did that could have altered this character getting hit. That scene came to mind while I was driving home. I was trying to remember what movie it was from initially and quickly remembered. After my wreck I thought of it again... thinking +/- 2 seconds would have made all the difference. Weird. Something to think about that's meaningless now.

[jm1fd]

I have found a repair shop that has more than enough testimonials, and they were willing to talk to me on the phone for a bit to offer assurance that my car will be 100% back as it was along with a lifetime warranty on all the repairs.

It won't be back 100%. Best you can hope for is 90%. Get ready for things to not work quite the way they should ever again.

[Ross]

Insurance doesn't cover the reduction in value to a car after accident repairs. A colleague had an accident in a nearly new Mustang. The car was valued at $24,000 and the repairs were $22,000. He asked about the reduction in value, and was otld the repairs were the extent of coverage. Pushing hard didn't change things. He was referred to the part of the policy that covers such things.

[RedScare]

Insurance doesn't cover the reduction in value to a car after accident repairs. A colleague had an accident in a nearly new Mustang. The car was valued at $24,000 and the repairs were $22,000. He asked about the reduction in value, and was otld the repairs were the extent of coverage. Pushing hard didn't change things. He was referred to the part of the policy that covers such things.

Your uninsured/underinsured coverage does not cover loss of value. The other person's liability coverage DOES cover loss of value. The refusal of the insurance company to pay on the loss is not an indicator of whether you are entitled to reimbursement. It is simply an indicator of whether the insurance company thinks it can get away with not paying it.

[Geoff8201]

It won't be back 100%. Best you can hope for is 90%. Get ready for things to not work quite the way they should ever again.

Don't tell me that, I don't want to hear that. Actually the repair shop I'm taking it to has had a good record, servicing at least one member of the Houston Astros, District Representatives, one of which I know, and attorneys, again, one of which I know, and lots of everyday people, including a co-worker. All of whom vouched that after their repairs, some extensive like mine, were unable to tell their car was ever in a wreck since. The shop boasts that they use state of the art computer and laser alignment equipment in the repairs, and don't just repair whats obviously damaged but practically disassemble much of the vehicle and put it back piece by piece and comprehensively test it. This is the story I've heard, so we'll see if it's true. If you're wondering, its US Auto Connection on West 20th. I am not vouching that they do great work, although I hope I will be, but that they have provided more than enough in testimonials to conclude they are capable of doing so. All the repairs are warrantied for life, as long as I own the vehicle.

Your uninsured/underinsured coverage does not cover loss of value. The other person's liability coverage DOES cover loss of value. The refusal of the insurance company to pay on the loss is not an indicator of whether you are entitled to reimbursement. It is simply an indicator of whether the insurance company thinks it can get away with not paying it.

Yes, and that's exactly whats paying for everything... HIS LIABILITY. If I don't get money for the loss of value on insurance, I will in court. I prefer the less complicated route. RedScare, the DA did call me today... not knowing this person's previous record the DA did tell me that he was formally charged with a DUI. When asked what I thought should happen to him, my reply was simply whatever gets his attention that there's no way in hell he'd every even remotely risk a repeat of what occurred. If this is his first time, to scare him straight, and if it is a repeat offense to really get his attention, do whatever they have to do. I leave it up to them to decide. Hopefully I wasn't unfairly harsh in my opinion, but given the situation I could care less if I was. Actually, I worry I really wasn't harsh enough.

[jm1fd]

Don't tell me that, I don't want to hear that.

GM spent BILLIONS OF DOLLARS to develop your car and SEVERAL HUNDRED MILLION MORE re-tooling the factory to produce your car. If you think the body shop down the street can come even close to what they achieve at the assembly plant you're sadly mistaken.

Actually the repair shop I'm taking it to has had a good record, servicing at least one member of the Houston Astros, District Representatives, one of which I know, and attorneys, again, one of which I know, and lots of everyday people, including a co-worker. All of whom vouched that after their repairs, some extensive like mine, were unable to tell their car was ever in a wreck since.

When it comes to cars, most people just don't know any better. After they're done with it anybody with half a clue can spot at least 5 things indicating it has been wrecked and repaired.

You better hope they total it out.

[sevfiv]

^I agree - a total would be your best bet (and hopefully you have GAP insurance to cover the difference).

What about suing the drunk driver for damages?

[mkultra25]

Sorry to further rain on your parade, but I have to agree with the previously-expressed opinions that totaling the car would be the best thing that could happen. I sure wouldn't want to have to live with significant collision damage repairs on a new car I'd just made four payments on, not least because you already took a big depreciation hit as soon as you drove it off the dealer lot, and documented collision repairs are going to lower the resale value even further.

If you do wind up going down the repair road, however, be sure to explicitly request that OEM parts are used for all repairs when you talk to the adjuster, and review the repair shop estimates/invoices carefully to make sure this is the case. Many insurance companies will specify use of aftermarket (or used) parts for collision repairs to lower their out-of-pocket costs.

[EMME]

Insurance doesn't cover the reduction in value to a car after accident repairs. A colleague had an accident in a nearly new Mustang. The car was valued at $24,000 and the repairs were $22,000. He asked about the reduction in value, and was otld the repairs were the extent of coverage. Pushing hard didn't change things. He was referred to the part of the policy that covers such things.

Oh yes, they do. Maybe your friend's did not, or he didn't pursue it enough, but you have to ask for it, sometimes many times, but they do pay for reduction in value. I have received such remuneration as have many of my friends.

[EMME]

I had a ten day old, brand new Toyota Rav 4 in 1998. I was hit and the car was repaired. Ten years later I was in another accident that totalled the car. WHen they removed the bumpers, lo and behold, there was evidence of two bends in the frame. I had been driving a car with damage to the frame for ten years. Should have been totaled when it was ten days old. I just figured that Rav 4s always vibrated at 70mph. Come to find out it was the bent frame.

[jm1fd]

Oh yes, they do. Maybe your friend's did not, or he didn't pursue it enough, but you have to ask for it, sometimes many times, but they do pay for reduction in value. I have received such remuneration as have many of my friends.

It is called "Diminished Value" Usually your own policy has a clause specifically stating that it is not covered, but if somebody else is at fault then you're golden....you can't be bound by the terms of somebody else's policy. You can, of course, be bound by the terms of your own if you're at fault.

[Geoff8201]

So here's the update, as I just got back from a well deserved vacation in Europe for the last two weeks...

After basically silence and no answers from my insurance, a day before I'm set to fly to London they decide to tell me my car is a total loss... ok. My loan of around $13,500 is paid off and I have a check for $3,000.... and no car. Insurance tried to charge me a deductible when it was the other guys fault and I wasn't supposed to pay one. Fortunately, now I got that $500 back after fighting it. Another problem is I have a bill for the car rental I used during the time, a charge of $450 which I'm trying to get removed, as insurance was supposed to pay for it. Never a dull moment with this.

So right now I'm car-less, looking at maybe buying an old 96 corolla off a co worker that has a very colorful and alarming Carfax history, but alas, I need an A-B car and he's only asking for $1,500... we'll see. If I do the math, basically from now, back to January, on what I paid for my car, and what I got back... I've probably lost close to $8,000 right out of my pocket on this...

So do any of you lawyer types out there think I have a case against the other driver for that amount? Insurance has done what they are supposed to do... and it seems if you're not injured in these things you don't get squat... I'm hoping that's not the case. People have been telling me to fake injuries just to try to screw the insurance company out of more money... I have a problem with this... call me dumb, moral, whatever, I'm not faking a thing.

Seeing as how this whole thing has been stressing me out for weeks, and that I may very well go from a brand new car to a salvaged rebuilt 14 year old car not by my own choice and no fault of my own, that has got to be worth something?

Again I appreciate the continued advice.

[Ross]

So here's the update, as I just got back from a well deserved vacation in Europe for the last two weeks...

After basically silence and no answers from my insurance, a day before I'm set to fly to London they decide to tell me my car is a total loss... ok. My loan of around $13,500 is paid off and I have a check for $3,000.... and no car. Insurance tried to charge me a deductible when it was the other guys fault and I wasn't supposed to pay one. Fortunately, now I got that $500 back after fighting it. Another problem is I have a bill for the car rental I used during the time, a charge of $450 which I'm trying to get removed, as insurance was supposed to pay for it. Never a dull moment with this.

So right now I'm car-less, looking at maybe buying an old 96 corolla off a co worker that has a very colorful and alarming Carfax history, but alas, I need an A-B car and he's only asking for $1,500... we'll see. If I do the math, basically from now, back to January, on what I paid for my car, and what I got back... I've probably lost close to $8,000 right out of my pocket on this...

So do any of you lawyer types out there think I have a case against the other driver for that amount? Insurance has done what they are supposed to do... and it seems if you're not injured in these things you don't get squat... I'm hoping that's not the case. People have been telling me to fake injuries just to try to screw the insurance company out of more money... I have a problem with this... call me dumb, moral, whatever, I'm not faking a thing.

Seeing as how this whole thing has been stressing me out for weeks, and that I may very well go from a brand new car to a salvaged rebuilt 14 year old car not by my own choice and no fault of my own, that has got to be worth something?

Again I appreciate the continued advice.

The question is whether you received the fair market value for the vehicle and whatever your out of pocket costs were. If you did, then there's nothing left to recover. If you can document additional losses, you might get something else, but you will have a hard time getting a lawyer to handle the case given the small (in the scheme of things) amount.

[EMME]

When my car was totalled, the insurance company offered me fair market value as the car being in excellent condition. I would not accept anything less. And all your out of pocket costs should be paid. Period. I wonder if it having been a brand new car, why you aren't getting what you would have to pay for anohter brand new car. Surely, there is a coverage for that. Insurance companies say no out of hand. It is up to you to be your best and loudest advocate.

And no, you don't want to fake anything. Filing false reports or claims is seriously illegal. However, before signing off for anything, be very sure that you don't have any muscle aches, neck aches etc. Sometimes those things don't appear for awhile. When I fell off my bicycle and broke my ankle, it was four months before the shoulder back pain occurred. I had landed on my shoulder after my ankle broke, but the ankle was such an issue I didn't notice the shoulder/back pain. It wasn't an insurance claim so that wasn't an issue, but that cost quite a bit to resolve and had it been an insurance claim, I would have been out that which they should have paid.

[sevfiv]

Is the $3,000 you received the difference from what you owed on the car versus the value of the car? If so, you may be stuck. Unless you can file a suit against the other driver (which may be easier since he was driving drunk...not sure).

[IronTiger]

Often featured prominently on phone books, billboards, and everywhere else are the ever-present injury/accident lawyers...don't trust them...I've heard they charge more than they help.

Disclaimer: if any HAIFers are of said lawyer type, apologies. I've never actually dealt with them myself...

[Geoff8201]

The question is whether you received the fair market value for the vehicle and whatever your out of pocket costs were. If you did, then there's nothing left to recover. If you can document additional losses, you might get something else, but you will have a hard time getting a lawyer to handle the case given the small (in the scheme of things) amount.

Short answer is yes. It basically feels like I sold my car (that was new when I bought it) as a used car... used by only me... however this happened totally against my will, and that is why I feel I am entitled to at least attempt a case against the other driver. Him being arrested on the spot as a DUI, along with running a red light, and ending up with significantly less damage to his vehicle than was done to mine, help my case. And yes, in a case with no injury, most lawyers are anything but interested. A Lawyer I know told me he'd help me if I said I was starting to feel some neck pain. It'd be hypocrisy after all the years I've talked bad about people who do this sort of thing to do it myself.

When my car was totalled, the insurance company offered me fair market value as the car being in excellent condition. I would not accept anything less. And all your out of pocket costs should be paid. Period. I wonder if it having been a brand new car, why you aren't getting what you would have to pay for anohter brand new car. Surely, there is a coverage for that. Insurance companies say no out of hand. It is up to you to be your best and loudest advocate.

From what I understand you would have to have an insurance policy that actually offers this... Allstate has this, they advertise it a lot on TV. Not sure how much they charge but if you have a new car, and it is totaled within 3 model years, they will cover 100% of what you paid for the vehicle. If you paid $30 Grand for the vehicle, you will get $30 grand back. Normally insurance will give you the market value for the car... mine was on the higher end honestly because my car only got a little over 11,000 miles, had a rear spoiler, remote start, power everything, mp3 connectivity, tire monitors, sunroof, and not a single pre-accident imperfection... I only had it just under 5 months!

Is the $3,000 you received the difference from what you owed on the car versus the value of the car? If so, you may be stuck. Unless you can file a suit against the other driver (which may be easier since he was driving drunk...not sure).

Yes. I have $3,000, actually $3,200 sitting in the bank now that can go to a new car. Kind of weak considering I put down $8,000 for my G6. Kind of nice in a way though the $13,500+ outstanding loan I was going to pay for the next 57 months is paid off. So I'm going to wait on buying any kind of vehicle with exception to some old car for some change that can be an A-B car. Last thing I want are huge monthly car notes and the interest that will accumulate.

On a side note I don't see the incentive to buy a new car ever again. The instant value loss is beyond a rip off. If I had a new car and the same situation reoccurred I'd probably kill someone. Seems like a certified used car that was owned by one person for private use for a few years is the best bet.

[Porchman]

On a side note I don't see the incentive to buy a new car ever again. The instant value loss is beyond a rip off... Seems like a certified used car that was owned by one person for private use for a few years is the best bet.

Very good observation. That immediate delta created by driving a new car off the lot is huge. I referenced my accident early in this thread. I feel lucky the car was three years old with low mileage.

I hope your future cars are blessed - safe and protected.