Good point on the lawyer - there are certainly enough ambulance chasers out there that offer free consultations.
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Good point on the lawyer - there are certainly enough ambulance chasers out there that offer free consultations.
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.Quote:
Originally Posted by vt_maverick
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.
True Dat.Quote:
Originally Posted by WormGod
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:
- 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.
- They are charging him under VA 18.2-266 - Driving Under the Influence
- He did not own the vehicle and was not listed on the owner's insurance as far as we know
- The cops estimate he was traveling 63 in a 55 when he went into the spin/skid
- 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)
- I am not being charged with anything
- 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)
- 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).
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.Quote:
Originally Posted by rsteinmetz70112
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 !