Is This the End?

First off, glad you and family are ok. Not so much about the VX. :(

Having gone through something VERY similar, you might be looking at a battle depending on how you and ins approaches it. Whoever the car belongs to can EASILY (and sounds like they already have) say the driver did not have permission to drive it. This will relieve the registered owner of fault, thus rendering their insurance untouchable. There are avenues to try to go after the driver, but chances are slim since his insurance can pull the we insure "THIS" car, not the one he was in.

I went through that for 3 years here after my accident, though matters were a bit more difficult since the drunk driver in the vehicle that hit me was DOA. In the end, I ended up taking the claim from my own insurance (State Farm). Sucked, but I also was not penalized for it.

Best of luck to ya.

Wow - just read this post - sorry to hear, but glad you and your family are ok.
Hope all works out for you.

Glad everyone survived. I am aware of what you are expreiencing more pain the next day. I flipped my Honda Civic. (About 6 complete rolls) I had the seat belt on. Came through fine didn't even go to the hospital. The next AM sore on chest and back. Pulled muscles from holding on to the steering wheel for dear life. As for insurance I doubt the owner who it was stolen from is covered but check and see if it was a boyfriend or something. You can go after the assets of the theif but make sure they have assets before wasting money. Also your insurance company may be better funded to get after the thief.

WOW, what an amazing story. It sounds like everything happened so fast, I'm surprised that you were able to remember so much from the accident itself. I'm sure it was one of those instances where time slows to a stop and everything is just crystal clear.

I'm so glad that you, your daughter and the dog came through this harrowing ordeal relatively unscathed.

Good luck with whatever you decide to do regarding the VX, and of course we'll always be here to help in any way we can.

I was logging on to say thanks for all the birthday wishes, but had to reply to this. I'm very sorry to hear that your VX was taken out by somebody doing something so stupid. I'm very glad that your daughter & yourself didn't suffer the same fate. Good luck finding your next VX (no matter what color), and don't worry... we will be right here!

I hate threads like this, but I am glad you guys are all ok. The VX, like you said, is just a car and that's not important, but know that there are still others out there to be had if you want to get back in one. Again tho, the good thing is you are all ok.

Bart

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Originally Posted by nocturnalVX

... and don't worry... we will be right here!

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Yah, we can run but we can't hide ... he knows where I live:_brickwal

Sorry to hear about your rig, but good to hear your family (including the 4 legged member) are alright. Like others have said, thank your VX for saving you, but there are plenty more out there just waiting for a great home.

Sorry to hear about your accident. Glad to hear everyone made it out in one piece. Please, if you have not already, make an appointment to see a doctor. Too often the full extent of your injuries won't show up for a few days. Make sure you and the kid get a check up, just to be sure. With the amount of adrenaline pumping through your body at the time of the accident, you don't start to feel everything for a day or two.

Glad you your daughter are okay man. The machine did its job and protected what's important.

So sorry for the loss of your beloved VX but delighted to hear that you and the family are A-OK! Have you heard yet as to the condition of the other driver? Best wishes to you and yours...:yesy:

I am sorry that you went thru all this just because of someone who didn't care a dime about people's life.

Thank god you & family walk away in one piece,hopefully you'll be back with another VX whatever color you choose from.

In situations like this where a "driver" becomes a threat to people on the road and eventually hurst,kills or causes damages i feel no simpathy whatsoever & can't care less whatever happened to him.

I hope your insurance "hunts" for every single possible penny from this guy so you can get another VX when time allows you to do so.

Damn it ! it's hard to see your VX in this conditions,another one of the breed bit the dust

Keep us posted ash :(

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Originally Posted by Gussie2000

I am sorry that you went thru all this just because of someone who didn't care a dime about people's life.

Damn it ! it's hard to see your VX in this conditions,another one of the breed bit the dust

Keep us posted ash :(

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...AND THEN...THERE WERE 2493..

Thanks for the support guys, it really is comforting to know that others understand your loss. No new info on the other driver, I'd say the sheriff's office is being somewhere between mildly uncooperative and bureaucratically belligerent at this point. The receptionist told me they would get it typed up and available "sometime, maybe today, maybe tomorrow" and that the only way to know would be to just keep calling. I guess maybe she thinks my BMW got scratched by someone's car door or something. :rolleyes:

I may be missing something here, but what exactly is the advantage of going after their insurance vs. filing a claim with your own? Gary, would definitely like your input on this one. My understanding is that if I don't go after his insurance, my insurance company will do it after I file with them. It sounds like my premiums may go up either way, so what is the advantage of waiting around to hound the other guy?

I work from home when I'm not on travel (that makes sense right?) so I don't need to run out and get something else right away. I want to make sure I'm making the best decision.

Thanks!

DAMN IT! That sucks Mav! Obviously, I am glad you are all ok but it sucks how often bad things happen to good people... and then gets worse. I hope everything pans out well for you in this situation!!!!!!!

Sorry,

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what exactly is the advantage of going after their insurance vs. filing a claim with your own?

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If you are made whole in the end it should make no difference to you. The legal principal is called Subrogation, your insurer can go after anyone they think caused them to pay you. Usually they don't bother because the cost of pursuing broke defendants isn't worth it.

The worst situation is when both drivers have the same insurance company. You are both then screwed.

If you aren't getting everything you think you should you ought to consult an attorney. I don't know anything about the laws in your jurisdiction, but in my experience the mere appearance of a lawyer will make a significant difference. This may help with the Sheriff as well.

I don't understand why the Sheriff is being obstructive, I'd think they'd want you to testify about the "drunk" "driver".

I AM NOT A LAWYER BUT DEAL WITH THEM ALL THE TIME.
MY ADVISE IS THEREFORE ILLEGAL.

Just now read this thread for the first time -- my goodness what a tragic, descriptive story. Though it could have been far more tragic. Mav, I'm so glad and relieved to hear that you and your family (including the furry one) are all okay. Your optimism and the compassion you have for others is commendable...even I don't know that I would be anything less than furious if a drunk driver took from me my beloved proton.

...I'm sorry to hear about your VX; though as much as you loved her, she apparently loved you back just as much, as she did a stellar job of protecting you and your family in her last act...and that's what is most important in this situation. :yesy:

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Originally Posted by vt_maverick

I've realized what I loved and was addicted to was the spirit of the vehicle and the community that follows it.

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:thumbup: Best sentence I think I've ever quoted on this site...I know I for one will never own anything but a VX for this very reason.

Good luck in your search for a new foxfire; I'll keep my eyes open in the inland NW for you. ;Dy;

First off I am glad to hear you and your family are ok. Cars are just objects that come and go but family is precious and cannot be replaced when they are gone. I have had the unfortunate experience of being in a not at fault wreck as this. My insurance covered my vehicle and went after the other drivers involved (yes 2 idiots = 1 totalled 7 month old 1 ton truck). That happened back in 2000 and is still an opened case at the insurance company which surprised me. My insurance company went after the other insurance companies to recoup their costs. The bad part was both their combined coverage didn't amount to enough to cover the truck. In my case my insurance did not go up. I just got raked over the coals (lost my butt) on the value they put on the truck.

Again, very glad to hear your family is doing well!

It basically comes down to "at fault". If, and it sounds like he will be, the other driver is ticketed claimed to be "at fault" by the police investigation and report, he is liable for damages. Meaning, his insurance company. I know some states have "no fault" claims and have to use their own insurance for damages.

NJ was like this when I lived there, and it sucked.... especially when you have a car totaled by another driver, who is ticketed for running a stop sign. I had no car, was dropped by my insurance, and got knee surgery. Go figure.

Depending on how your state handles it, you simply need their other driver's insurance info so you can file a claim with them for your damages to be repaired. I don't think that will happen in this case though, since it it sounds like the car was not his and the owners claim he had no permission to be in it. THAT is where the suck comes in. You will probably have no choice but to file the claim on your own policy. Like someone stated in an earlier post, it is actually a good time to get some legal consultation. Again, it really comes down to how your state allows insurance to operate and an accident lawyer would know better than anyone.

Good point on the lawyer - there are certainly enough ambulance chasers out there that offer free consultations.

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Originally Posted by vt_maverick

Good point on the lawyer - there are certainly enough ambulance chasers out there that offer free consultations.

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Yes, it's worth a free consultation for sure.....but keep in mind, if the attorney is one of the many "mills" out there, (any that advertise!) they're not viewed very highly by the claims adjustors. And the insurance will think they can low-ball you on any issue$ because your attorney is from a "mill". A "mill" is an operation where they "turn 'em and burn 'em"....they take many many cases, and settle them very rapidly to keep up a good cash flow, and not always very indicative of the true value of a case. Caliper, skill level and reputation of plaintiff attorneys are well known by claims adjustors and defense attorneys.

Because you don't have any immediate, obvious "bloody" injuries, AND the other guy appears to be uninsured and/or problematic....the "mill" type firms will not be that interested in your case, too much work and uncertainty. I'm sure you've already thought of this, but you and Mahalia should be examined, especially Mahalia if there was a seat belt or car seat or anything any where near her abdomen.

You can call your own insurance and ASK if this scenario will cause them to raise your premiums. Be very specific in describing the issues, and like wise, make sure your insurance gives you very specific info and examples of when they WOULD raise your premium. That's what I did for my Las Vegas accident with the Lexus.

I ended up filing it with my own, as I was assured no increase would result since the cab driver was ticketed and deemed 100% at fault.

But since I handled claims, I then took it over myself and dealt with the insurance adjustor for the cab's insurer.

** But since your "other party" here is questionably insured and may or may not have had permission to use the car....I'd file it with and let your insurance handle it right away. And you can monitor and shadow it closely. **

WOW! just read this...so sorry...Glad everyone is okay!

So... nobody has an AutoCheck account eh?

Ash,

In VA, the police have 72 hours to file the report. It's no suprise they are taking their time especially considering that they may be also looking into criminal charges against the other driver. BTW, you don't need the police report to start a claim. Go ahead and get your insurance company involved regardless of the legal path you choose.

Tom

& no, I don't have an AutoCheck account ... sorry.

Talked to the guy that towed both of our cars (also my mechanic) today. The first thing he asked me when I walked in the door was "I've heard a couple different stories on what happened, so now I want to hear yours." I asked him to tell me what he'd heard first, and he said the guy's mother came up to the shop on Monday to look through the car. She told him that he lost his eye, was in surgery for 5 hours to fix all the damage to his face, and needed several pints of blood to make it through the night. Apparently he's now awake, and told her that though he had been drinking / was drunk, I was the one who T-boned him. :confused: So the mechanic asks me if I T-boned him, and I said "Hell yeah I T-boned him, because he was spinning sideways across my lane!" I sketched what happened on a notepad for him, and he agreed that my version made far more sense than anything she was trying to say. My mechanic thinks that's the story they're considering going with at his trial, which means I'd probably have to testify to what happened. Can't imagine he's going to get far with that, he was drunk and I was sober, and Sonya witnessed the whole thing.

Anywho, I'm going to drive down to the sheriff's office tomorrow because they STILL haven't gotten back to me on the accident report. I went by the garage today and picked up my Kilby plates, nerf/step bars, and LEDs. Didn't have the tools I needed to remove the seat extenders, so I'll get those in the morning. That just leaves the VXC shift plate around the gear shifter (already got the one from the 4L/TOD shifter). Once I get those last few items I'll call a few body shops to see if I can get an estimate before the adjuster comes out. Just wish the sheriff's office would get back to me, I could have filed with my insurance days ago. :rolleyes:

I wouldn't wait any longer Mav......call 'em.

Probably will do it tonight - just need to get those few last mods out and then I'll call. Think you're right Sue, if he and his mom are that delusional / deceptive about what really happened I think they'd probably say anything to avoid liability. Gotta figure GEICO's lawyers will tear him up a lot more than anyone I could afford to hire.

The police report should be the 'be-all, end-all' on applying the poo poo to the other guy's version of the story. It'll be a no brainer that you were in your lane when the accident happened & the fact that he was sideways in the road will close the case.

When I got sammiched in Wifey's Amigo, the kid at the rear of the accident went around telling everyone that I caused the accident because I was all over the road. The fact that all 4 vehicles were in a perfectly straight line with a single point of impact from the rear ... well that told the true story.

Considering Bud Wiser was his only witness, I doubt he has a leg to stand on. Let him talk. Every drunk can justify their actions, after the fact.

Your duties for the day:

1 - CALL A LAWYER ALREADY! (I had one on in my hospital room the second I was taken from trauma to ICU. Luckily, my lawyer is a family friend though).

2 - Get that report! What sort of po-dunk town do you live in? Tell Cleatus to get a move on! :p

Oh, and don't worry, it will never go to court. Insurance companies lose too much time and $$ in courts. They much prefer settlement and if that doesn't flow, it is usually resolved in facilitative mediation.

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Originally Posted by WormGod

Oh, and don't worry, it will never go to court. Insurance companies lose too much time and $$ in courts. They much prefer settlement and if that doesn't flow, it is usually resolved in facilitative mediation.

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True Dat.

Based on the guys medical bills, it's likely that the cost of replacing your VX is just a drop in the bucket.

It sux that the kid lost an eye & is likely to have permanent facial scars but ... he did it to himself.

I missed something.

In your original post you said the car was the Owner's Daughter's.
In the update you say the Drivers Mom went by to look at the car.

Is this guy related to the Owner?

As far as what Mom said I wouldn't worry. She wasn't there and therefore can't testify, except to say "My Boy is a Good Boy and Never Did Anything Wrong" and we all know "Good Boys Always Tell Mom the Truth". There should be physical evidence of his spin.

Also since she went by apparently Mom had some kind of permission. I doubt the shop would let just anyone rifle through a wrecked car. If he truly didn't have permission or if they were considering criminal charges I'd assume the local LEOs would be all over it.

Good Luck and don't get too bogged down in this. I hope this all works out for you soon.

Okay, I FINALLY got the accident report this afternoon. Here's what it says:

1. Although they have a license # down for him it says "N" under the DL section - that either means his license had been revoked, or that he just didn't have it with him.
2. They are charging him under VA 18.2-266 - Driving Under the Influence
3. He did not own the vehicle and was not listed on the owner's insurance as far as we know
4. The cops estimate he was traveling 63 in a 55 when he went into the spin/skid
5. They also estimate I was traveling 55 in a 55 (that's BS though, I definitely was not going that fast - but the important thing is that it's within the limit)
6. I am not being charged with anything
7. The report has check marks indicated for "Fail to Maintain Proper Control" and "Drinking - Obviously Drunk" (this is apparently a gradient that starts at impaired)
8. The report says that no test was administered to determine his alcohol level - this seems ominous to me...

There is a fantastic diagram on the last page that depicts exactly what I've been verbally describing. Interesting to note is that the cops believe he traveled off the right shoulder of the road right at the top of the hill, overcorrected to his left, and thereby put his car into the spin. If I get time I'll scan and post it.

So yeah, the report should (hopefully) leave no doubt with insurance or anyone else as to who is at fault. I was never worried about the guy's mom, obviously she wants to believe he isn't the victim of his own stupidity and since she wasn't there it doesn't really matter.

Now to call insurance and get a feel for my options (not committing either way at this point).

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Originally Posted by rsteinmetz70112

I missed something.

In your original post you said the car was the Owner's Daughter's.
In the update you say the Drivers Mom went by to look at the car.

Is this guy related to the Owner?

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My understanding is that the owners of the car are the parents of the girl the driver was dating. It was her car but no doubt he drove it from time to time. The person who came down to the garage was the driver's mother.

I'm pretty sure my mechanic buddy doesn't get paid enough to try and keep people out of wrecked cars that don't belong to them. Besides, they all just sit out front of the garage anyway. Talk about sad, I pass my wrecked VX every time I drive to town now. :(

You got all needed to start your claim against their insurance company.
Get your insurance involve to support you and of course a lawyer to back you up.

Their insurance will try to low ball you and don't accept any settlement 'till you get what you deserve,period.

Good luck !

Ok just read this thread... been busy with other non-VX stuff for a couple weeks.

Sorry Ash, that is just horrible. I'm glad of course that your loved ones are OK (besides the VX of course).

I re-upped for Autocheck, so what you need bro?

Another issue this brings up... what the heck is the deal with the younger set not wearing seat belts?!?!?

We never used them when I was growing up, but as soon as the laws went into effect in the late 1980s everybody I ever encountered all started buckling up 100% of the time. I was about 20 years old when the laws were passed and 25 years later I have never failed to ride in or drive a vehicle without wearing a belt. It only took a few weeks before it became an automatic thing that I never thought about again.

Why do so few of the 20-somethings (and teens) TODAY not wear them? I read story after story about Driver A walking away from an accident due to seat belt use and Driver B going to the hospital or dying cuz they were driving "nekkid." This is a generation that should have never lived in a "seat belt optional" world -- I just don't get it. Anybody have any insight?

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Originally Posted by vt_maverick

1. Although they have a license # down for him it says "N" under the DL section - that either means his license had been revoked, or that he just didn't have it with him.

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I wonder if you could web-search his name in the public records to find his police record (that's something that is available in OK.) I would not be surprised in the least to learn his license was suspended due to a previous DUI (another thing I read in the newspaper on a regular basis.) :rolleyes:

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Originally Posted by RickOKC

This is a generation that should have never lived in a "seat belt optional" world -- I just don't get it. Anybody have any insight?

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It must interfere with texting...:yesgray:

If it were legal to roll down my window & bag my limit of "text monkeys", I'd have no problem with it.

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Originally Posted by Ldub

If it were legal to roll down my window & bag my limit of "text monkeys", I'd have no problem with it.

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Until it's legal, I'll swear under oath that you were at my house at the time and I was assisting while you were working on my VX.*

* Disclaimer: Oh crap. I just realized who I'm talking to. The above unsolicited offer of perjury only applies if "bagging" refers to reaching in to an offenders vehicle, snatching the cellular device out of their hands and smashing it on the ground as they look on in shock because that should not only be legal, but also encouraged. Just sayin'. Please do not consider this as legal advice or perform these actions until they actually become legal. If fact, now that I've thought things through, I fully rescind my previous offer of perjury until all of this becomes legal so that I'm not actually committing perjury. Yeah, I know... "wuss." Contact your elected officials to demand stiffer penalties to texters and help return the roads to those who take driving seriously. Offer void in Rhode Island; I don't know why but Rhode Island always seems to bar stuff so I thought I better mention it here just in case. Tell "Jack"... "Goober says, 'hey'."