This is topic Drunk Driver Hit My Turbo Coupe in forum General Talk at Northern California Ford Owners  .


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Posted by racsirx (Member # 1710) on :
 
I got hit last night by a drunk driver in front of my house in my Turbo Coupe, I just unloaded it from the trailer and was pulling into my driveway. So far it looks like the drivers quarter panel is jacked and it needs a rear bumper and passenger side tail light. I hit my head on the Cage, I felt fine until a few hours after the accident, my head hurt like hell, my shoulders and neck are hurting today. The POS that hit me even tried to take off on me after seeing the damage of his car, so I had to stop him from driving away by blocking his drivers door until the Cops showed up. I had just brought it home from Tobias Motorsport after getting some work done. I was really surprised the guy had a insurance, but so far it looks like he does. Lets see how his Insurance Company takes care of me on the damage on my Coupe.
 

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Posted by Camaro Kid Z/28 (Member # 3100) on :
 
That sucks,hope it works out for you in your favor!?
 

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Posted by svt306snake (Member # 1967) on :
 
glad to hear that you are ok man other than being sore.

[ November 23, 2008, 01:56 AM: Message edited by: svt306snake ]
 

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Posted by Pure Stang (Member # 7251) on :
 
wow that sucks. glad you are ok! i hate drunk drivers!!
 

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Posted by 66 AC COBRA (Member # 904) on :
 
Lee that's what happens when you have nice shit

you bring ok cars in and out of the house for years, then you have a cool car you like and some asshole bashes it

how bad is the damage, can it be fixed without being a total loss from a chassis straighness perspective
 

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Posted by 91MSDFox (Member # 8749) on :
 
hop eeverything turns out for you fine bro
 

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Posted by 9svtcobra8 (Member # 8408) on :
 
Did you atleast get to punch his punk ass in the mouth before the cops got there he was drunk so he wouldn't remember !! lol.... But sorry to hear about that hope your shit gets fixed an he gets what he deserves!!!
 

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Posted by JohnB (Member # 969) on :
 
Lee, sorry to hear. I'm sure you're aware, but take pics of EVERYTHING. In this day and age, insurance co's try to get out of everything...
 

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Posted by F8LSN8K (Member # 7080) on :
 
damn man that sucks sorry to hear that.
 

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Posted by racsirx (Member # 1710) on :
 
The funny thing was that the guy actually thought I was going to hit him, he begged me not to hit him, LOL, and he was bigger than me. I dont know if the damage is fixable or not, it was hit after the rear wheel and the trunk opens and closes fine, for a street car it might be fixable but for a track car I might have to get another body, too early to tell. I do have a feeling that the Insurance Company is going to screw me, since the Coupe has no insurance or registration, its a track only car, the Police didnt care since the accident happened in front of my house. Another worry is my Coupe is a 4 cylinder conversion, so a blue book value is very low, so I would say they are going to offer me something very low.
 

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Posted by its50 (Member # 4069) on :
 
damn sorry to hear that.i seen u pretty pissed off in person and u sure surprised the hell out of me.that guy must have seen what i saw and shitted bricks and thought u were going hit em with a 2 peice.lol.good luck bro
 

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Posted by 92stangLX (Member # 3252) on :
 
That sux! Especailly since you weren't really even driving the car around.. just unloading it
 

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Posted by Rinna90 (Member # 6850) on :
 
it cool if u can get money for the car but the real money is in personal injury go to the doctors and all that shit thats where u get money.
 

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Posted by racsirx (Member # 1710) on :
 
Well he had insurance, but they dont want to pay personal injury because my Mustang is a Race Car and it was on Public Street, even though it was in front of my house, and they only want to pay 70% on the Damage, so it might be time to get an Attorney, here is a pic of the damage.

 

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Posted by F8LSN8K (Member # 7080) on :
 
i could be wrong but that doesnt look to bad AT ALL.......
 

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Posted by racsirx (Member # 1710) on :
 
Well, we will see, I will go the body shop this week, only thing that bugs me is that the tire rubs bad on the inside when it didnt before and now the fender gap is real close behind the wheel.
 

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Posted by 87droptop50 (Member # 7185) on :
 
damn that sucks alot... I'm sure a good body shop can get her staight again. I know how it feels to have your stang hit ... Good luck with the other persons insurance
 

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Posted by Cm4hawks (Member # 5231) on :
 
I have a buddy thats works for Jacks body shop and he is doing side jobs Lee if you want him to look at it
 

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Posted by 514 Mullet (Member # 7402) on :
 

quote:

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Originally posted by racsirx:
Well he had insurance, but they dont want to pay personal injury because my Mustang is a Race Car and it was on Public Street, even though it was in front of my house, and they only want to pay 70% on the Damage, so it might be time to get an Attorney, here is a pic of the damage.

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Does not matter. You should know by now that insurance companies will always try to screw you first on a payout. It would not have mattered if you were driving it around, muchless pulling tnto your driveway. He hit you. Legally, he's the one who cannot be on the road drunk. Even if you had hit him the law would uphold your side based on that alone. But as you said, you are contacting an attorney. It will go much simpler after that is done.
 

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Posted by Jdub07 (Member # 2728) on :
 
So did the cops cuff and stuff him? Tell his insurance company that their off is a joke and you are forced to contact an attorny. He could have killed someone and they want to pay 70% of damages? F that
 

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Posted by solbrothers (Member # 7524) on :
 
is the car registered and insured? if not, you're SOL
 

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Posted by season'd 88 (Member # 169) on :
 


[ December 16, 2008, 09:42 PM: Message edited by: season'd 88 ]
 

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Posted by 532Fastback (Member # 1482) on :
 
Sue the shit out of that guy, make him regret ever going out and drinking. Make him feel so aweful he never goes out again because that is what needs to happen before this idiot kills someone.
 

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Posted by racsirx (Member # 1710) on :
 
Well the drunk driver did get arrested, I hate that his insurance company doesnt seem to care about me. I hit my head hard on the 10 point cage, I have had headaches for the first 10 days straight and on/off after that, I ended up seeing a Chiroprator, which seemed to help which I ended up paying for that out of my pocket. So far his Insurance Company sent two agents over to look at the Mustang and spent two hours with me and telling that they will only pay a percentage of the damage, $1800, and that was it, because my Mustang was a Race Car and wasnt street legal, not registered, not insured, and I wasnt wearing my seat belt. I dont have factory seat belts in the car, I just have a 5 point harness, I didnt think I needed to strap in just to pull it off the trailer. I really cant believe this is happening to me.
 

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Posted by 514 Mullet (Member # 7402) on :
 
Make your life simple and call an attorney. Do not accept any checks from their insurance company.
 

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Posted by solbrothers (Member # 7524) on :
 
oh, i didnt read that the driver was drunk, sheeit. he's prolly gonna get raped
 

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Posted by 50 Deep (Member # 6216) on :
 
Well, I know from working @ dmv that the second the car hits pulic road ways it is supposed to be properly licensed & insured. So technically if it was hit on a public street then they can & will play that angle. I have even heard of people being unable to get coverage if they have an uninsured vehicle in their driveway & it gets hit. Don't seem right. Crazy I know. So definitely get a lawyer that knows the vehicle code & liability laws
 

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Posted by Jdub07 (Member # 2728) on :
 
Seatbelt doesn't matter. Maybe they can stiff you on the car coverage because of it's street/race status but they shouldn't be able to stiff you on the medical side of things. He was drunk. Shouldn't matter if you had a seatbelt on or if you were driving from the backseat. He's a drunk driver HELLO!!!
 

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Posted by N8 (Member # 6048) on :
 
Damn man sorry to hear. When I first heard I thought your car got hit with you not in it.

+1 on a attorney.
 

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Posted by Tha91SiCkNeSs (Member # 5790) on :
 
As far as liability is concerned, this claim would not be handled any different than if you had a regular vehicle.

His insurance company is just trying to not pay. Hell, I can't think of an insurance company that WANTS to pay damage that their insured causes.

With that said, insurance companies, in lieu of Bad Faith, MUST try to find VALID reasons to pay a claim and NOT EXCLUSIVELY find reasons to NOT pay the claim.

From your side of the story, it sounds like they are exclusively finding reasons to NOT pay the claim.

You need to take notes of ALL interactions with the insurance company. If they are trying to deny the claim or a portion thereof, you NEED TO GET THAT IN WRITING. After you have exhausted ALL appeal processes within the insurance company, look to get an attorney.

Ask for their claims handling guidelines handbook and have them quote their handbook sections that justify them not paying the claim. If there are CVCs that apply to them not paying the claim or a portion thereof, HAVE THEM QUOTE and give it to you in writing.

If you have questions, you can always PM me. I work for the big bad insurance company...
 

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Posted by Tha91SiCkNeSs (Member # 5790) on :
 

quote:

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Originally posted by 50 Deep:
Well, I know from working @ dmv that the second the car hits pulic road ways it is supposed to be properly licensed & insured. So technically if it was hit on a public street then they can & will play that angle. I have even heard of people being unable to get coverage if they have an uninsured vehicle in their driveway & it gets hit. Don't seem right. Crazy I know. So definitely get a lawyer that knows the vehicle code & liability laws

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quote:

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Originally posted by Tha91SiCkNeSs:

quote:

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Originally posted by 50 Deep:
Well, I know from working @ dmv that the second the car hits pulic road ways it is supposed to be properly licensed & insured. So technically if it was hit on a public street then they can & will play that angle. I have even heard of people being unable to get coverage if they have an uninsured vehicle in their driveway & it gets hit. Don't seem right. Crazy I know. So definitely get a lawyer that knows the vehicle code & liability laws

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If someone has no insurance on a vehicle and it is hit, that person is still entitled for damages of which the other party is liable for.

However, they can't collect Bodily Injury on the claim if they are driving uninsured.

It sounds like bad faith if they are refusing to pay a claim on a vehicle that is just sitting in the driveway with no insurance.

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quote:

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Originally posted by 50 Deep:

quote:

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Originally posted by Tha91SiCkNeSs:

quote:

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Originally posted by 50 Deep:
Well, I know from working @ dmv that the second the car hits pulic road ways it is supposed to be properly licensed & insured. So technically if it was hit on a public street then they can & will play that angle. I have even heard of people being unable to get coverage if they have an uninsured vehicle in their driveway & it gets hit. Don't seem right. Crazy I know. So definitely get a lawyer that knows the vehicle code & liability laws

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If someone has no insurance on a vehicle and it is hit, that person is still entitled for damages of which the other party is liable for.

However, they can't collect Bodily Injury on the claim if they are driving uninsured.

It sounds like bad faith if they are refusing to pay a claim on a vehicle that is just sitting in the driveway with no insurance.

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As far as the insurance part goes u probably know their workings a little better since u work there and know when the laws/policies have changed.

But I personally know someone who was hit by a drunk driver but didn't get anything paid for because their vehicle wasn't insured and therefore wasn't legal to be operated on california public streets or highways. They deemed for both parties to be at fault.

Dmv though will suspend registration on a vehicle that doesn't have insurance coverage. At which point you can be towed or ticketed since the car shouldn't be driven.

I just know I have seen some people get screwed and yeah it does seem like bad faith. Shits crazy. So I highly recommed he gets someone that knows the case law & vehicle codes.

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Ya, that is crap. I wish I could have helped that person. That car you speak of SHOULD have been covered.

It's just that sometimes all avenues aren't exhausted and the insurance company gets away. Similar to criminal cases. Sometimes they get off (OJ Simpson in 1st trial) and sometimes they don't.

As far as DMV towing and suspending, etc. that is TOTALLY up to DMV. Everything you've said is true. However, it does not affect insurance because insurance is a seprate entity. Which is why that definately sounds like bad faith.

Sounds like that insurance company used that as an excuse to an uninformed consumer in order to save a buck.

It's also important that the OP exhaust all avenues within the insurance company. There is no monetary charge for that. He will save a lot of money by trying to settle without the attorney. If the insurance company doesn't budge, he should then get an attorney. The attorney should not be the first choice.
 

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Posted by 50 Deep (Member # 6216) on :
 
Well it looks like if he gots questions he should PM me or the 91sickness. Haha.

Yo bro what insurance Comp u work for? Pm me if u want
 

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Posted by Tha91SiCkNeSs (Member # 5790) on :
 
OP, you need to PM me asap. BEFORE you consult with an attorney.

I failed to notice that they are denying injury claims as well. This could get ugly.

You need to get in writing the reasons why they are paying 70% of damages. Is it 10% for no seat belt, 10% because it's not registered..?, etc. Get them to itemize and get it in WRITING.

Also get in writing WHY they are not wanting to pay personal damages. See my edit of my previous post for why you are entitled to collect hopsital bills, etc.

Also, if he is CONVICTED of DUI, you ARE able to collect ALL hospital bills in addition to suing for pain and suffering, etc. I forgot about this clause when applying Prop 213.

If they fail to pay you, you also should file a complaint with the DOI. If the DOI gets a hold of this case and everything you said was true, it will turn into a nightmare for that company.
 

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Posted by racsirx (Member # 1710) on :
 
Thanks guy for the information, I am just pissed off because of all this BS, I have never even driven the Coupe down the track or street, I just got it, so my Insurance says that I am covered up to 30 days from date of purchase, so hopefully that helps. I am also pissed because all the time and effort into this Coupe, it was shipped to Wolfe in Texas to have the Cage, Subframes and Rear Suspenison and now I have to get the body repaired.
 

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Posted by Tha91SiCkNeSs (Member # 5790) on :
 
If you insurance comapany will cover 100%, then you are probably ok.

If they cover it 100%, your insurance company will subrogate the money from the other guy. So basically, it will be there job to get money from them for the repairs. Talk to you insurance company and advise them of the situation if you already haven't done so.

Your medical bills should be paid though. You should get a reason as to why they don't want to cover it.
 

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Posted by 86- 50 (Member # 4723) on :
 
I have a couple friends that have got in accidents with no insurance, they both got fully cashed from the other guys insurance company for the car, but one of them they paid the medical bill but didn't give him no extra money because he had no insurance. and the dmv also they might try to suspend your licence for getting into an accident with no insurance(thats what they did in both cases) but i'm pretty sure your safe in your situation.
 

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Posted by SmokinLX (Member # 1684) on :
 
Since the insurance is trying to screw You then the gloves are off! Take them for all their worth . Teach those POS's a lesson.
 

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Posted by Saleenssc14 (Member # 7791) on :
 
racsirx.. you have a turbo 4 banger?
 

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Posted by racsirx (Member # 1710) on :
 
My Coupe use to be a 4 cylinder but now is a 5.0 with a 70mm turbo, it made 508RWHP last time on the dyno.
 

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Posted by adower (Member # 5955) on :
 
If you need anymore advice I can ask some senior auto adjusters at my job. Pm me or what not.
 

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Posted by STREETFIGHTER50 (Member # 2973) on :
 
damn lee this is fucked up! hopefully things get better bruddah! i probly would've hit that mofo-drunk ass tryin to flee the scene! what a scumbag
 

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Posted by rollin5ive0 (Member # 8592) on :
 
i am terribly sorry to hear bout your car that is more than heartbreaking ive lost a car totally like that and learned that you need to get that thing appraised and either gather your reciepts or start fudging ones for all the parts you got on that car or else they wont count em when they give you a figure for what its worth but for sure call an APPRAISER and like they said LAWYER they are gonna take 1/3 of any pain and suffering money you get but without them the ins compay will screw you hard and youll see less than any lawyer will take.....good luck
 

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Posted by smokealot (Member # 3108) on :
 
hope everything turns out good. keep ur head up.
is your car a stick or auto? cause if it's a auto
the coupe should launch on foo's w/the new suspention.. now i know wut u mean by saying u just got ur car back from texas..
 

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Posted by racsirx (Member # 1710) on :
 
Its a Lentech AOD, but I think its not going to last.
 

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Posted by N8 (Member # 6048) on :
 
Lee can you PM me your number. It got bumped out my phone.
 

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Posted by r3dn3ck (Member # 3192) on :
 
regardless of the registration/street-car status of your property, the other driver wrecked your stuff due to his own negligence and violations of the vehicle code and his insurance company should pay all your damages and any personal injury and be happy you've not gotten bitchy with them already. Tell them you'll take 7grand for the car (it's a race car and can't be raced after it's been wrecked... RIGHT )and 10 grand for the personal injury/pain and suffering and if they don't like it then you'll be more than happy to retain a lawyer and they can get pwn.T in court. That is usually enough to make them STFU and make with the checks.
 

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Posted by NavidR (Member # 3164) on :
 
if you trully have injuries just get an attorny, I would tell the insurance company how much you want and tell them if they don't negotiate you will get an attorney!
 

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