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Drunk Driver

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  #1  
Old 12-07-2007, 10:56 PM
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Drunk Driver

So I was on my way home tonight, driving about 45 down a surface street, crossing an intersection, when an old toyota camry suddenly juts into my lane attempting to turn left on a red-arrow.

Apparent, this guy had rear-ended some other car and was attempting to flee when he turned left and I hit him.

He then sped off. Fortunately some good Samaritan followed the guy to the guy's home, and then called the police. So the police got him, and I identified him as the guy, and he was drunk so he's in the Orange County jail tonight, and likely facing DUI + 2 counts of hit and run.

Unfortunately, my beautiful 5 week old VBP Fit Sport 5MT now has a destroyed right side, the hood, the quarter panel, the bumper, and the right headlight all destroyed, plus a bunch of damage in the engine compartment. I have no idea if it will be totaled or repaired, no pictures since I didn't have a camera with me.

Fortunately, I had my foot on the brake and my hands on the wheel, so even though the airbag popped, I didn't touch it, and I didn't seem to hit anything, so I seem perfectly fine. The Fit performed extremely well at taking that impact. In many ways, I was lucky to be in my Fit.

I'm just concerned that if it is totaled, insurance pays me maybe 14K, and I'm out over 3K because of tax, license, and depreciation.
 
  #2  
Old 12-07-2007, 11:24 PM
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Sorry to hear about that, geez what a punk!
Glad you are ok, go fit! This comforts me a bit (at no expense to you I hope) as I got creamed in a 01 civic and I and the car didnt fare to well. So I am appreciating all the people who I have read about that have done well in Fit related misshaps.
Makes me a bit more confident...errr maybe that nots so good.
 
  #3  
Old 12-07-2007, 11:49 PM
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Originally Posted by karoberts
So I was on my way home tonight, driving about 45 down a surface street, crossing an intersection, when an old toyota camry suddenly juts into my lane attempting to turn left on a red-arrow.

The Fit performed extremely well at taking that impact. In many ways, I was lucky to be in my Fit.

I'm just concerned that if it is totaled, insurance pays me maybe 14K, and I'm out over 3K because of tax, license, and depreciation.
I'm sorry to hear about your loss, but I'm glad you're OK, and I hope they throw the book at him .

Be that as it may, I have some good news for you. A good friend of mine had his car totaled two months ago and the settlement from the insurance company included 8.25% sales tax on top of the base value of his car. So, if your car is worth 14K, for example, they will add $1155 (in California) to the value of your settlement. Since your car is very new, they might also spring for the license, but I'm not sure about that. In any event, good luck.
 
  #4  
Old 12-08-2007, 12:30 AM
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Sorry to hear about that. At least you're ok. Was this in Cali?

It's usually a good idea to get the GAP insurance on a new vehicle for this very resion.
 
  #5  
Old 12-08-2007, 12:50 AM
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Sorry to hear what happened. Do you have GAP? I know when I had a drunk driver hit and flip one of my previous cars. I actually got more than what the car was worth.
 
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Old 12-08-2007, 03:59 AM
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yea man it makes sense how insurance can just pay the value of the car but at the same time it's not fair to us when our cars get "totaled." it's just a good thing to know you're ok though and i hope they don't call your car a total loss.
 
  #7  
Old 12-08-2007, 10:21 AM
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Originally Posted by sparkedfire
Sorry to hear about that. At least you're ok. Was this in Cali?

It's usually a good idea to get the GAP insurance on a new vehicle for this very resion.
Yes, this was Orange County. I paid cash for my fit, so no GAP insurance. Had I known what was to happen, I might have financed it.
 
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Old 12-08-2007, 12:57 PM
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Sorry to hear that man. I hate drunk drivers.
Hopfully you get your car fixed and have as good as new!

Tyler
 
  #9  
Old 12-08-2007, 01:11 PM
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Smile Gap

Drunk Driver Sux;

Question.....if you buy a car in cash (new), completely paid for....there is NO GAP?
Sorry to hear about the wreck! At least you are alive!!

GD3blaze07'
 
  #10  
Old 12-08-2007, 01:36 PM
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Originally Posted by tonyd3773
Drunk Driver Sux;
Question.....if you buy a car in cash (new), completely paid for....there is NO GAP?
GD3blaze07'
That's what I always thought, because if you finance you still owe money that the insurance might not cover the full amount. I could be wrong though.

Just got a PT cruiser as a rental. Even though it probably cost more than the fit, it absolutely pales in comparison.
 
  #11  
Old 12-08-2007, 04:49 PM
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Originally Posted by karoberts
That's what I always thought, because if you finance you still owe money that the insurance might not cover the full amount. I could be wrong though.

Just got a PT cruiser as a rental. Even though it probably cost more than the fit, it absolutely pales in comparison.
You're totally correct about the PT cruiser. I had a PT rental in September while on vacation, and while I liked the built-in compass, the multi-speed intermittent wipers, and the outside temperature reading, I was really disappointed in the sluggish performance, the sloppy handling, and the lousy mileage. Ironically, before I drove one, I used to think they were pretty good cars.
 
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Old 12-08-2007, 05:16 PM
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Get a lawyer, they'll get you more money than your car is worth + compensation, it's an open and shut case so they'll take it without any kind of retainer.
 
  #13  
Old 12-08-2007, 05:22 PM
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Sorry to hear about your car. Glad your OK and good to know that the Fit protected you from injury. Keep us posted on what happens.

Cat:x
 
  #14  
Old 12-08-2007, 05:57 PM
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sorry to hear about the accident. but glad to hear you seem to
be phyically okay. hang in there!
 
  #15  
Old 12-08-2007, 08:33 PM
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i agree with antpwny.. get a lawyer... the dude was drunk u can sue for alot.... including your court expenses....
 
  #16  
Old 12-11-2007, 01:31 PM
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I just got a call from my insurance, since it wasn't my fault, they have waived my deductible!

Still waiting to hear whether the car is fixable or totaled, should be in the next day or so.
 
  #17  
Old 12-11-2007, 02:16 PM
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^ nice! good luck
 
  #18  
Old 12-11-2007, 03:00 PM
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I went through this 6 months ago.

1.) He's drunk and therefore at-fault. His insurance company owes you big-time. You should get a free rental from his company. (You should NOT need to contact your insurance at all) All towing, storage and transportation costs as a result of the accident are to be paid for by his insurance! Your the victim here, any monetary quantifiable damages are owed to you by his insurance, period. Don't forget that.

2.) Use a 3rd party bodyshop that is reputable. Don't use one recommended by the insurance company. Since he is at fault, you can use anyone you want. Also - his insurance company's initial 'visual' assessment of damages DOES NOT MATTER, that's total crap. Take it to your shop and get their assessment, it will be 2x 3x what the initial one is.

3.) In the event that it is totaled, your settlement will include the entire loss, that means taxes and registration. Also keep in mind this estimate is probably going to be a low ball offer. You may need to negotiate for a better settlement. The law says "Total replacement cost" that means how much will it cost in total to get another one exactly like it today (including age). For a Fit it's pretty much MSRP due to short supply and great resale.

4.) It sounds serious, so trust me Totaled is good. the repairs take months, and the car may never be the same, outside of driving it, it might be unsafe due to frame damage. If they do make you fix it, you may be intitled to something called "Diminished Value" which is the $$$ lost in the future resale of the vehicle since it now has an accident history.

5.) Finally since he was a drunk criminal idiot, you have a good case to sue him if you injured. Consider that, a trial lawyer will take your case for 30-50% of the settlement and if your actually injured your settlement may be 3x your medical expenses.

In summary. It can be a game, his insurance knows they are screwed, and they may play hardball up front to try to give you less money than is legally entitled to you. Be vigilant and remember that since he is 100% at fault (I mean he could have killed you that drunk) you are entitled to any and all damages, on your terms.
 
  #19  
Old 12-11-2007, 11:36 PM
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i agree with wlfit... i would hire a lawyer to get u what you deserve... and then sue for damages... if you play your cards right you can receive punitive damages from him... dont let that scum bag get away with anything... make both him and his insurence pay out the ass... good luck.. glad your ok, sorry that happened to u
 
  #20  
Old 12-12-2007, 09:39 PM
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Wow im so sorry to hear about that. Glad you are ok tho!!

Good luck with the insurance
 


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