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Author
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Topic: Drunk Driver Hit My Turbo Coupe
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solbrothers
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Member # 7524
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posted
 
 
oh, i didnt read that the driver was drunk, sheeit. he's prolly gonna get raped
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2100+ posts, 15 useful
Posts: 2172 | From: vallejo | Registered: Mar 2007
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50 Deep
Jockin 03 Cobras
Member # 6216
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posted
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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Signature Wheel Ford Representative
Email: Terrance@Signaturewheel.com
Instagram: @Signature_Wheel_Mustang
Web: www.SignatureWheel.com
Posts: 6043 | From: sacramento | Registered: Nov 2005
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Jdub07
( O Y O )
Member # 2728
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posted
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!!!
Posts: 7282 | Registered: Apr 2003
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N8
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Member # 6048
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posted
Damn man sorry to hear. When I first heard I thought your car got hit with you not in it.
+1 on a attorney.
Posts: 11638 | Registered: Sep 2005
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Tha91SiCkNeSs
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Member # 5790
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posted
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... ![[Wink]](wink.gif)
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2003 Cobra
Posts: 565 | From: Sacramento | Registered: Jun 2005
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Tha91SiCkNeSs
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Member # 5790
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posted
quote:
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
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.
Edit: I wanted to rephrase what I said about Bodily Injury. Someone can claim medical bills as a result of injury from the accident. But the uninsured driver cannot sue for pain and suffering, etc. as a result of the accident.
[ December 17, 2008, 02:04 PM: Message edited by: Tha91SiCkNeSs ]
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2003 Cobra
Posts: 565 | From: Sacramento | Registered: Jun 2005
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50 Deep
Jockin 03 Cobras
Member # 6216
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posted
quote:
Originally posted by Tha91SiCkNeSs:
quote:
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
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.
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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Signature Wheel Ford Representative
Email: Terrance@Signaturewheel.com
Instagram: @Signature_Wheel_Mustang
Web: www.SignatureWheel.com
Posts: 6043 | From: sacramento | Registered: Nov 2005
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Tha91SiCkNeSs
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Member # 5790
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posted
quote:
Originally posted by 50 Deep:
quote:
Originally posted by Tha91SiCkNeSs:
quote:
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
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.
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.
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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2003 Cobra
Posts: 565 | From: Sacramento | Registered: Jun 2005
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50 Deep
Jockin 03 Cobras
Member # 6216
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posted
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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Signature Wheel Ford Representative
Email: Terrance@Signaturewheel.com
Instagram: @Signature_Wheel_Mustang
Web: www.SignatureWheel.com
Posts: 6043 | From: sacramento | Registered: Nov 2005
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Tha91SiCkNeSs
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Member # 5790
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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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2003 Cobra
Posts: 565 | From: Sacramento | Registered: Jun 2005
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racsirx
CAFords OG
Member # 1710
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posted
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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88 Saleen #564
88 GT 331 NOVI2000
88 Coupe TURBO 9.75@142
95 Cobra R #75-SOLD
06 F250
13 BMW AH3
17 GT350 #5556
GOD'S NOT DEAD
Posts: 20750 | From: Concord & Pittsburg, CA | Registered: Aug 2002
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Tha91SiCkNeSs
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Member # 5790
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posted
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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2003 Cobra
Posts: 565 | From: Sacramento | Registered: Jun 2005
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86- 50
TEAM PLATINUM
Member # 4723
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posted
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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My baby:88gt 347 stroker
RIP MATT, Gone but never forgotten
TEAM PLATINUM
Posts: 1796 | From: richmond | Registered: Jul 2004
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SmokinLX
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Member # 1684
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posted
Since the insurance is trying to screw You then the gloves are off! Take them for all their worth ![[patriot]](graemlins/patriot.gif) . Teach those POS's a lesson.
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Dont claim power if ya cant mile per hour. 10 second AOD
Posts: 4388 | From: East Bay | Registered: Aug 2002
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Saleenssc14
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Member # 7791
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posted
racsirx.. you have a turbo 4 banger?
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Carlos Munoz
Posts: 1156 | From: Union City | Registered: Jul 2007
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racsirx
CAFords OG
Member # 1710
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posted
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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88 Saleen #564
88 GT 331 NOVI2000
88 Coupe TURBO 9.75@142
95 Cobra R #75-SOLD
06 F250
13 BMW AH3
17 GT350 #5556
GOD'S NOT DEAD
Posts: 20750 | From: Concord & Pittsburg, CA | Registered: Aug 2002
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adower
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Member # 5955
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posted
If you need anymore advice I can ask some senior auto adjusters at my job. Pm me or what not.
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98 Cobra
Griggs
S Trim
HRE
Posts: 3327 | Registered: Aug 2005
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STREETFIGHTER50
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Member # 2973
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posted
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 ![[Mad]](mad.gif)
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'89 Coupe-Kurgan Tuned 498/491RW, Vortech SI, 351W
Posts: 3925 | From: SF Bay Coastin' to Rocklin | Registered: Jun 2003
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rollin5ive0
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Member # 8592
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posted
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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875.0gt
90dtlx5.0
93blkvenumos5.0COBRA#3377
96redthundr4.6l4vCOBRA
964.6l2vGT
895.0lGT
93cleancorlgreen5.0GT
93meancoralgreen5.0GT
Posts: 1830 | From: 707 vacaville ca | Registered: Aug 2008
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50Mustang
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Member # 3108
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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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"Theirs no such thing as to much horsepower and torque"
Posts: 474 | From: San Jo | Registered: Jul 2003
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racsirx
CAFords OG
Member # 1710
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posted
Its a Lentech AOD, but I think its not going to last.
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88 Saleen #564
88 GT 331 NOVI2000
88 Coupe TURBO 9.75@142
95 Cobra R #75-SOLD
06 F250
13 BMW AH3
17 GT350 #5556
GOD'S NOT DEAD
Posts: 20750 | From: Concord & Pittsburg, CA | Registered: Aug 2002
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N8
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Member # 6048
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posted
Lee can you PM me your number. It got bumped out my phone.
Posts: 11638 | Registered: Sep 2005
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r3dn3ck
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Member # 3192
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posted
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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Good judgement comes from experience, experience comes from bad judgement. Via O'Connor
Posts: 202 | From: Bay Area | Registered: Aug 2003
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Gnari-Garage
CAFords OG
Member # 3164
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posted
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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2017 McLaren 570GT
2019 Audi S5
2017 Tundra 7" Lift, 37" Tires
Posts: 4017 | From: 916-sacramento | Registered: Aug 2003
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