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It's simple to me - it's an unconstitutional law. Maybe I am more protected with a belt, maybe not - depends on the wreck. I support pro-choice in many things. Besides, population control needs all the help in the world... pun intended.Quote:
Originally Posted by RickOKC
Thanks for filling in the blanks, It's about what I expected.Quote:
My understanding is that the owners of the car are the parents of the girl the driver was dating.
I wonder what the girl's parent feel about this?
Okay guys, do me a favor and don't debate stuff in this thread - I'll be happy to start a new one for you. Thanks. :o
So turns out this guy is a real piece of work. Here's the case history I found on him just by searching the closest three counties alone:
- 11/21/2003 - Reckless Driving - Reduced to Improper Driving
- 04/04/2004 - Failure to Obey Stop Sign - Convicted
- 05/03/2004 - Defective Brake Lights - Convicted
- 08/01/2004 - Underage Purchase / Possession of Alcohol - Convicted
- 08/02/2006 - Misdemeanor Assault - Convicted
- 12/16/2007 - Armed Burglary Entering Building to Rape, Unlawful Wounding / Shoot/Stab in Commitment of a Felony - Reduced to Brandishing a Fire Arm and Assault and Battery
- 03/19/2009 - Phone harassment - Dismissed
- 09/02/2009 - Public Intoxication - Convicted
- 09/09/2009 - Inhaling Drugs, i.e. Smokin' the Reefer - Dismissed
- 07/02/2010 - Public Intoxication - Convicted
- 09/15/2010 - Public Intoxication - Convicted / Misdemeanor Assault - Dismissed
- 09/30/2011 - DWI - 3rd Within 10 Years, Driving with Suspended / Revoked / Restricted License - TBD
Virginia's website doesn't let you run a full rap sheet by a person's name, so you have to go into each jurisdiction and search individually. We know this list probably isn't anywhere near complete as evidenced by the fact that he's being charged with his 3rd DWI within 10 years and I can't find the other two (means they probably happened elsewhere in Virginia).
The law requires the judge to sentence him to no less than 3 months in jail and a $1000 fine if convicted. Hardly seems appropriate for a guy that seems to define the term "habitual offender." :noy:
High five! We don't need more drawn out arguments here nor do I have any interest in participating in them. I may be wrong, but I think Zeus & I are actually in agreement - he simply made a comment based on an (overemphasized) part of what I wrote (due to my meandering thoughts and poor writing skills) yet we are in agreement on that, too! :thumbup: :)Quote:
Originally Posted by vt_maverick
Wow, I wasn't expecting the rap sheet to be THAT bad, but the habitual DUI stuff was no surprise. The real surprise will be if he actually gets the minimum "mandatory" sentence.
Look like you have it under control.
I'm not going to add anything except since he obviously couldn't get insurance you need to get a lawyer for yourself.
But Rick if your writing skills are so poor, why do I understand them so clearly....:goof::_thinkingQuote:
Originally Posted by RickOKC
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oh, sorry, my thoughts were meandering...:goof:....back on topic...
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You can also discuss it with your insurance company. That's what I did with my accident in January. After I determined it didn't meet ANY criteria that would allow them to raise my rates, I reported it to both the cab driver's insurer as well as my own.
I then, basically picked their brain on how the insurance worked, exactly. You can also ask how these different scenarios could play out, and what course of action is best in each scenario. By different scenarios I mean, 1) legal owner claims drivers stole their vehicle, 2) legal owner doesn't have any coverage that would cover driver, etc....etc...
I absolutely hate auto insurance for some reason, goes back to when I was taking a graduate course in insurance...when I got to the Auto insurance class, I ended up dropping out and went and got an MBA...at least I understand how that stuff works! :laugho: So, I really took advantage of asking questions to my own insurance co, getting up to speed, and then I took over handling the claim.
Also, you'll want to know specifically how your State handles each element of the damages. (For example, my accident occurred in Nevada, yet I reside in AZ, but the laws of Nevada prevail because that's where it occurred. They're telling me there's no "Diminished Value" in Nevada...oh joy....:rollo:.....you can't believe how the carfax/autocheck score dropped due to this accident. Whether we like it or not, Carfax/Autocheck data has an impact on resale value. I'm still fighting with them over this. :_brickwal I'm not real keen on taking a $12,000 drop in resale value due to the other party's negligence. Even though I haven't realized that loss YET, it's still part of the damages to me/vehicle.)
My accident also involved a ticketed offense on the other driver, and a police determination of their 100% fault. Actually, the cabbie's insurance/claims adjustors were falling all over themselves to pay for the car repairs, my medical bills, they forwarded us a check to cover our $1,000 deductible on our policy, all due to the 100% liability/fault hanging over them. You're now in the same scenario, so keep that in mind and mention it often...especially since your fact set is far worse than mine. Alcohol, more physical damages to your vehicle, potentially an unlicensed driver, potential unauthorized use of vehicle, etc...etc..etc..
Ashley with just that snapshot of info you've found, I'd discuss that info at length with your insurer and try to get a gauge on what kind of responses/info you get back from them. If they don't seem as concerned as you are about the possible complicating matters in this, you should at least consult a reputable attorney.
One other thought....It appears from what you've said, there's minimal physical damages and injuries, (thankfully!) so don't be surprised if an attorney isn't that "interested" in taking your case....their bread and butter is in personal injuries sustained.....not the property damage.
But I would at least want to discuss the situation with a knowledgeable attorney so you know how to proceed to make sure you get ALL the appropriate reimbursement for the value of your truck etc...
And of course you still want to make dang sure Mahalia's abdomen etc is OK. Definitely get a doctor visit for her and you too, just to check you guys out. It's been what, 5 -6 days....there still could be some residual issues like strains that could manifest themselves.
You're a very analytical and methodical guy, you'll digest all the info and chart a course that's best. You'll just need to shadow it and follow it closely as your insurer handles it. It's just a giant hassle, that will go on for a long time, and make you crazy....all for something that was a result of somebody else's really bad judgement! :_brickwal
"The report says that no test was administered to determine his alcohol level - this seems ominous to me..."
Worry not, it was administered at the hospital. Just means the police did not do it. The hospital has to take blood for record and simply to be sure what they are working with since he was going into surgery. It will be in an insurance report, no doubt, just not on the initial police report. You will be able to find that out later too. They will need it too so that they can press the DUI charge on him or it wont stand up in court.
You sound like you "may be" holding the golden ticket though. The only issue you may run into is the fact that it was not his vehicle. You will have to wait and see if the "owner" claims he did not have permission to use it. If not, that is the only battle you may be looking at.
How come it's never billionaires that hit us? Set me up "comfortably" for the rest of my life and all....
Wow, how really scarry; your heart must have skipped two beats. Glad everyone is ok.
Called GEICO and they say this qualifies as a "no fault" accident and that my premiums won't increase as a result of filing against my own insurance. :D I spent a good amount of time on the phone with their claims department trying to get a good understanding of the ups/downs of filing against my policy or against theirs, and this is what they said:
- File Against My Policy - GEICO will cover storage fees at the garage, rental car if I need it, the cost of the tow, repairs if possible, etc etc etc. All that will happen very quickly because I have a policy with them, but I will have to pitch in my $500 deductible before anything really gets going (unless it's totaled, at which point my deductible is deducted from the final payout). GEICO will pursue reimbursement with the other insurance company and will refund me my deductible if/when they get reimbursed. Interesting note here, if GEICO pays me $7500 they will invoice the other company for $8000, and even if they get less than that, my $500 refund comes off the top (they absorb any loss).
- File Against the Other Insurance Company - The only real advantage here is that IF you're willing to wait for reimbursement, you won't have to put up your deductible to get things fixed (if that's possible). But the problem is the waiting, which in this specific case could be even worse than normal. The claims agent confirmed that the issue of owner permission to drive certainly could be a sticking point with the other insurance company, and that they probably won't do anything until they interview everyone involved in the event. Given that the other driver was arraigned on Friday and may or may not be in jail right now, it could take a LONG time to get his statement. Bottom line here is that I don't have a policy with the other company, so they have every motivation to drag the process out forever. And at the end of that long waiting period, the payout will very likely be the same or less than what GEICO would pay much much sooner.
So I've gone ahead and filed a claim with GEICO and should meet with the adjuster at the garage by Tuesday or Wednesday. Never having been through this before, I was under the impression that they just give you the NADA book value and that's the end of it. But as the claims agent was describing the whole process of valuation and total loss payout she said something that I don't know she realized she said: that the check gets cut and mailed out within 7-10 days after a price/value is negotiated. I didn't pursue it further because I figure it's a question for the adjuster, but it sounds like some himming and hawing may be in order. I suppose that stage is where folks sometimes get lawyers involved - if the agent tries to give you a crap value for your truck.
So that brings me to another question for the crowd: what would you guys say I should look for as a ball park value for my VX? It had 73K on the clock and a few dents/dings/chips/scratches on the body, mostly on the leading edge of the hood.
Opinions appreciated. :yesy:
on valuation, but I'm glad to hear things are moving forward...:thumbup:
:luck: with the process...:yesgray:
I'd start with current/recent ads for VX's with similar mileage. There are so few VXs that I don't think any of the standard references are reliable. Plus there has been an increase in all used care prices in recent months. There was even an article in the WSJ about it.Quote:
What would you guys say I should look for as a ball park value for my VX?
I'd note that all of the ones Richard currently has for sale have more mileage than yours.
Insurance is supposed to "make you whole". Based on Richards prices I'd ask for $9,900 + tax title license and shipping.
Thanks for the input, I'm going to be putting together a pretty comprehensive documentation set before I meet the adjuster this week. Comps (my own FS ads here are helpful in retrospect), receipts for mods, NADA and KBB estimates, etc. - basically anything and everything that would help make the case that it's not worth the $5425 NADA Rough Trade-In value (that's the bottom end of NADA's scale, so I'd like to think that's the minimum he would offer).
No guesses from anyone else? C'mon guys, I hope nobody's worried about hurting my feelings here... ;)
Just snapped these yesterday, thought you guys might be interested to see how the other car fared in the crash. I've never been a proponent of buying massive vehicles to be more safe, but boy does this make me double think ever owning something as small as a Suzuki X-90. If this is what a two-door SUV can do, what would an Explorer or 4Runner have done?
http://www.vehicross.info/gallery/da...11007-1714.jpg
http://www.vehicross.info/gallery/da...11007-1714.jpg
:freek::freek::freek::freek:
I'm REALLY impressed with the VX! Granted, it had the full front end with engine and all vs. a rear door, wheel, rear fender to take the impact, but still, very impressive. I gotta go back and read your description as I thought it would have been his driver's side based on how I recall the description.
Wow, that's a lot of damage.
Funny you mention what you know I'm thinking of getting. :looko:
Yeah, Maybe I have a death wish. Ok, bad joke.
But I do know the risks. Honestly I'd prefer to never drive anything but a vehicross on account of how a wreck would have to be super bad to hurt someone in a VX. (assuming they are properly buckled in) One of the reasons I keep crying over the loss of mine was its coolness and another the fact that I had a vehicle, but one really BIG, big reason for all the tears is the loss of the safe factor in most crashes. Gosh I will always LOVE the VehiCROSS!
Would this type of mod help me at all in a crash?
http://img.photobucket.com/albums/v2...llcage-med.jpg
Depends on the type of accident Tex. For a front impact or rollover a big bumper and cage might help. But a side impact from a taller vehicle like the VX would probably put the driver's side door into the passenger's side seat.
When my 99 Trooper got totaled, the insurance company basically offered me Kelley Blue Book value for it.
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Rough Trade-In value???
They should at least offer Clean Retail, to give you a chance of replacing your VX.
I once challenged the adjuster to find a comparable car at the settlement offered.
Just read this thread - sorry to hear, but glad you and your family (including the four legged ones) are ok.
Hope everything works out for you.
Well just finished part one of my homework for tonight, which is generating KBB and NADA values and searching for every available 2000 VX in the country to assess pricing. I've always said the thing that made my VX special was the color, and I think that may be the best argument to make to the adjuster. There are exactly (4) Foxfire VX's for sale in the entire country right now (all of them 2000's btw), and three have more mileage than mine. Based on the ads and pricing below, if insurance is indeed intended to "make you whole" it seems like there's certainly an argument to be made for $10,000.
NADA Values
Clean Retail - $9,625
Clean Trade-In - $7,200
Average Trade-In - $6,375
Rough Trade-In - $5,375
Kelly Blue Book Values
Suggested Retail - $9,625
Private Party Excellent - $8,175
Private Party Good - $7,750
Private Party Fair - $7,050
Foxfire VX 1 - 55,000 miles - $10,900
Foxfire VX 2 - 90,000 miles - $11,900
Foxfire VX 3 - 92,400 miles - $9,750
Foxfire VX 4 - 117,460 miles - $9,495
My VX - 73,000 miles - $?????
As always, thoughts and suggestions are welcome. Now off to part 2 of the assignment, tracking down receipts for the mods that were destroyed in the accident (HIDs, front marker and turn signal LEDs, VXC front skid plate, Stongard lens protectors, etc.).
Hard to put a price on something you have so much time and energy invested into. Heart and soul. :(
You were already informed of your VX being totaled? Plans on replacing with another VX or moving on?
Talked to the adjuster this morning and he won't be able to take a look until tomorrow, so I don't know for sure that it's totaled. But there's a visible crease in the passenger's side frame rail and significant damage to the unibody all around the engine bay. Even if the structural damage is fixable there's no guarantee the engine still runs. Chances don't look good at this point.
Working on finding a replacement in case it is totaled. Will know more on that front soon.
if you do end up hunting for a replacement......have you thought about the ultra lowmileage one that pops up every so often in San Francisco....kinda hi dollar but the low mileage and a serious cash offer may get the seller mootivated...yes i realize its not a foxfire
Quote:
Originally Posted by vt_maverick
The driver's side is in good condition, for a foxfire of its age! Unfortunately the passenger side needs... new paint.. For cars of our vintage, any frame damage from frontal impacts are total-eriffic. =( There would just be too much work to fix everything and make sure the engine runs well, and that everything else in the engine bay is back to normal.
I held out hope that my Eagle was not totaled after a similar front T-BONE collision (also not my fault) until the adjuster literally started laughing at me over the phone when I asked if it was totaled or not. I was paid over NADA value because there are fewer and fewer Talons around.
I think you've got it. Looks to me like $10,000 is about the right price.
Good Luck
By the way I wouldn't put too much hope on your insurance recovering anything from the other guy. I doubt they'll put too much effort into it. The cost of doing it isn't worth it.
Yeah, not too worried about hurting the other driver at this point - the guy already lost an eye and probably has a lot of facial scarring, plus the police called me this morning to let me know I would be receiving a subpoena to testify at his trial soon.
They will go after the owner's insurance company, but the extent to which they do so... who knows.
Not the haha kind but the wierd kind
The insurance company will nickle and dime you and try to pay as little as possible. But that same money isnt worth it when they have to do the work of hunting the guys assets down and getiing reimbursed.
White (Victory or otherwise) is probably my least favorite color for a car. Works for sports cars in Miami, just not my thing. No way am I going to trade my favorite color and a low remaining loan balance for my least favorite color and a much higher loan payment.Quote:
Originally Posted by VXjunky
You would think that someone would have bought it by now though, even at that price.
Checking NADA Valuation, I noticed that under the Clean Retail the NADA site says that vehicles in exceptionally good condition and exceptionally low mileage may be worth significantly more than Clean Retail. (The is no similar note under Clean Trade In :) )
- VXs for Sale - Mileage - Asking Price - NADA - Over Under
- Foxfire VX 1 - 55,000 miles - $10,900 - $9637 - +$87
- Your VX - 73,000 miles - $?????? - $9550 - $0
- Foxfire VX 2 - 90,000 miles - $11,900 - $8925 - -$712
- Foxfire VX 3 - 92,400 miles - $9,750 - $8725 - -$912
- Foxfire VX 4 - 117,460 miles - $9,495 - $7900 - -$1737
Comparing the NADA Clean Retail prices of the different VX's for sale out there shows that NADA at least places a pretty high premium on low mileage. For example the one Richard has with 90,000 miles is worth according to NADA $712 less than yours, assuming comparable condition. On the other hand the VX with 55,000 miles is only worth $87 more than yours but has 18,000 fewer miles. Oddly the 2,400 miles difference between 90,000 and 92,400 is worth $200.
I assumed that all of them were 2000 model year. using the actual model year may change the results somewhat. Richard's happens to be a 2000 also.
Yeah I went back and edited my original post a few minutes ago, oddly ALL the Foxfires currently for sale are year 2000 models. What a weird coincidence, certainly makes for an easy comparison.
Three of the four have clean AutoCheck histories, the odd man out being Richard's which has frame damage listed. You almost have to remove his VX from the comparison because it's such a statistical outlier, both in terms of documented history and price.
Although Richard does do a very through prep job, and gets people to pay for his work. Leaving out the high priced VXs from someone who specializes in them seems to be counterproductive in this situation. Don't negotiate with yourself.
Note that all of the asking prices are significantly higher than NADA. I'd be tempted to call a couple (or tell the adjuster to call them) and see if they would take NADA, but then I get obsessive.
I am always nervous about buying any used car because I don't know the history. I have paid more to repair a car I knew than it was theoretically worth, because I was confident of the rest of the car. It worked out for me.
Well, lets just say, I may know of a S/C'd ebony. Located mid-atlantic.
$10,000 is the number you should play around with the adjuster.
The one thing that you do NOT want to do is start to feel sorry for this turkey. He has caused you significant 'pain & suffering' and could possibly cause you financial loss as well. You were involved in an accident that was NOT an accident. He deliberately drove a vehicle while impared knowing that under the best of circumstances, he'd get away with it ... but with his track record most probably he'd be pulled over AGAIN ... but under the worst circumstance, he'd kill someone. Drunk drivers never plan to kill anyone but nobody will ever convince me that they don't recognize the possibility exists.Quote:
Originally Posted by vt_maverick
Have I ever driven drunk? Yup, Once. I was able to recognize my own imparement (even in my stupor) that I swore I never would again ... & I haven't.
In my opinion, this guy's loss of an eye and facial scarring is a light penalty considering that he did everything in his power to kill you & your daughter.
OK, I'll get off the soapbox now. On to more entertaining topics. I'll have the upgraded hitch ready for you as soon as you are back in a VX.:)
Quote:
Originally Posted by tom4bren
X2
I feel no sympathy for those who allegedly goes behind the wheel and causing pain,damages and loss of people's life.
He lost an eye ? I guess he deserved that,lucky enough it was only material damages.
Trust me I don't feel bad about it at all. I won't say that the guy "got what he deserved" but as you said Tom he definitely made choices that determined his own fate (drinking, no seat belt, probably driving too fast, etc.). I was just in the right place at the wrong time, although you never know, if I hadn't hit and stopped him he might have hit the ditch sideways and rolled over in the field a few times. No seat belt + rollover = high likelihood of being killed rather than maimed.
Met with the adjuster today, seemed like a nice and very knowledgeable guy. He said he'd done 3 or 4 VX's in his 7 years on the job, including one when he was actually training to become a certified adjuster. I was surprised when he volunteered that he knew how rare they were and how hard it would be to replace mine, especially since it looked to be in good shape before the accident. He confirmed that the valuation process IS a negotiation between he and I, so there must be some room for wiggle. Obviously that was very encouraging to hear.
I also learned something very interesting about the total loss (yes it is now officially a total loss) process in Virginia. In what has to be a rare act of wisdom by lawmakers, Virginia law forbids insurers from assessing the value of total loss vehicles because it represents a conflict of interest. In other words, the insurance company is liable to cover the damages or total value of the car, so it is absolutely in the insurer's best interest (as we've discussed at length in this thread) to undervalue the car. So instead of allowing that to happen, Virginia mandates that insurers take pictures of the vehicle, record all pertinent information (mileage, year, VIN, etc.) and send that information to independent 3rd party companies who specialize in valuing used vehicles. The adjuster said the company that they are required to use will take that information, research the book value for the vehicle, then pull comparable listings from used car sites to determine the real cost to replace the vehicle. He said it usually takes a day or two to get the price projection back, at which point we can begin negotiating a final value.
Overall I'm very encouraged.
Thats pretty good news ...especially if it comes to negotiating.
Third party valuation sounds good...and the adjuster seems clued in already.
Do you have an option to retain (purchase?) the 'remains'..
...or maybe take a SMALL reduction in payout... and keep it for spares?
If thats something you'd consider of course...:_thinking
jo
Good question Jo, forgot to add his comments on that topic. I did ask about the possibility of buying it back for spare parts, and he said the process is as follows:
- We clear it with my lienholder first (he said banks/credit unions could be "difficult" on the topic of allowing their borrower to buy the vehicle - maybe they're concerned people might wreck their vehicles in order to get out from under a loan payment?)
- GEICO posts pictures and a description of my VX on a national salvage auction site and solicits bids from yards for 3 days
- At the end of the three days I can buy the truck for the same amount as the highest salvage yard bid
- If I choose to buy it back, GEICO just subtracts the salvage price from the total value of the vehicle (less the outstanding loan payoff of course)
A basic example for clarification: VX is valued at $10K, I owe the credit union $5K on it, and the highest salvage yard bid is $1K. GEICO cuts a check to the credit union for $5K and a check to me for $4K and then I tow the VX back to my place.
I'm going to call my credit union tomorrow morning, and assuming they're okay with it (I really think they will be, it's a small town CU and I've been a member for over a decade) I'll have GEICO press forward with getting salvage bids. I can always refuse to buy it if the bid is too high, but there is a LOT of stuff on my VX that's in good shape and would make for either great spares or lucrative sales.