Is This the End?

[Grif]

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?

[RickOKC]

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?

[RickOKC]

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 Although they have a license # down for him it says "N" under the DL section - that either means his license had been revoked, or that he just didn't have it with him.

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.)

[Ldub]

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?

It must interfere with texting...

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

[RickOKC]

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

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'."

[ZEUS]

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.

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?

[rsteinmetz70112]

My understanding is that the owners of the car are the parents of the girl the driver was dating.

Thanks for filling in the blanks, It's about what I expected.

I wonder what the girl's parent feel about this?

[vt_maverick]

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.

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."

[RickOKC]

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.

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!

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.

[rsteinmetz70112]

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.

[VX KAT]

- he simply made a comment based on an (overemphasized) part of what I wrote (due to my meandering thoughts and poor writing skills) too!

But Rick if your writing skills are so poor, why do I understand them so clearly....
.
.
.
.
.
oh, sorry, my thoughts were meandering.......back on topic...

.
.
.
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! 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.........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. 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!

[WormGod]

"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....

[RICHARD PAYNE]

Wow, how really scarry; your heart must have skipped two beats. Glad everyone is ok.

[vt_maverick]

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. 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.

[Ldub]

on valuation, but I'm glad to hear things are moving forward...

with the process...