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 Posted: Mon Jan 19, 2009 11:46 am Post subject: Rear ended by drunk driver |
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Hello all, I'm Josh, a 24yr old newbie here from SC. After reading several posts, I found this forum to be full of knowledgeable people. This being the reason I decided to join. Well here's my scenario of what happened.
Coming home from work one rainy night I was hit in the rear by a drunk driver sitting at a redlight. I immediately get out of my truck to make sure the other driver is ok and both the vehicles. I tell the other driver that we need to move our vehicles over to the gas station parking lot to get them out of traffic while we wait for SCHP. I've been with the Fire service for 10yrs and EMS for 4yrs so I know how to handle these kind of situations. Well trooper arrives on scene and asks for both of our information. While he's writing down my tag number he asks me if I think the other driver has been drinking. I also work Public Safety for the state and was in uniform when this happened. I told him he was acting suspicious. We administer a field sobriety test and the driver fails it with flying colors. After he's arrested and put in the car, the trooper tells me that his insurance card is expired. But the drivers wife is coming to get his car and will provide a current card when she arrives. She provides a current card so everything is good. Or so I thought. This happened on a friday so on monday I turned in my accident report to my ins. company. They advise me to go ahead and file a claim with the other driver's company. The next day I did just that. After a week I wonder why an adjuster hasn't contacted me then I get a letter in the mail. The letter stated the driver was not insured with their company and not responsible for any fees. Just my luck. I call my insurance company claims office and fax the letter I received to them. I have checked the owners information online to see they have 4 vehicles with registrations all current. Surely they have insurance on these vehicles. My question is what options do I have without this guy getting away with paying nothing ? I know he's gonna have fines from the DUI but i'm not worried about that. I just want my truck repaired without it costing me. Any advice and help would be appreciated! |
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DSFD505
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Joined: 19 Jan 2009
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| Posted: Mon Jan 19, 2009 11:57 am Post subject: |
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| I'd like to know whether or not you have collision coverage on your car. You can then turn the claim to your insurer and let them deal with the responsible driver. They can subrogate against the other driver's insurer or against the driver if he has no insurance at the time of the accident. |
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jeorge
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| Posted: Mon Jan 19, 2009 12:25 pm Post subject: |
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Good morning Josh and welcome to the community....
| Quote: | | My question is what options do I have without this guy getting away with paying nothing ? I know he's gonna have fines from the DUI but i'm not worried about that. I just want my truck repaired without it costing me. Any advice and help would be appreciated! |
If the policy on the vehicle he was driving has lapsed and past the reinstatement period (it is otherwise you wouldn't have gotten that letter)...then he is uninsured, and him having current ins (if he does) on his other vehicles will provide you no relief...You will need to file the claim under your collision coverage (or UMPD if you have that and do not have collision)...if you were injured you will also have a med pay/pip and/or UM (uninsured motorist) claim with your carrier as well...Unfortunately you will be out your deductible (collision coverage only) until they collect from this jerk...after payments have been issured to you, your company will go after this jerk to collect all monies back including your deductible (most carriers automatically include this)...In your case I would also contact your countys prosecuting atty and make sure he asks for restitution while prosecuting this guy for the DUI...I'm sorry but if he's uninsured, that's about all you can do....what has your adjuster advised you and what coverages do you have? Is SC a PIP/No fault state do you know?
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Lori
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| Posted: Tue Jan 20, 2009 4:43 am Post subject: |
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| Quote: | | Is SC a PIP/No fault state do you know? |
No, South Carolina is a tort/fault state, which means that you can actually sue the responsible driver the damages caused by him.
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anonymous 12
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| Posted: Tue Jan 20, 2009 6:36 am Post subject: |
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| I have full coverage on my truck since it's financed. Right now I am dealing with my insurance company on this matter. The damage to my truck is only half the cost of my deductible. As far as my adjuster goes, I haven't heard from her yet but will be calling her today. |
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DSFD505
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| Posted: Tue Jan 20, 2009 10:44 am Post subject: |
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| Quote: | | The damage to my truck is only half the cost of my deductible. |
Well that means no payment by your carrier which translates to them not being able to subrogate the other party.. Josh honey your options just shrunk...most likely you will have to file against this guy in small claims court to EVER see any money, oh wait, I forgot DUI...make sure you contact the prosectuor...and make sure your resistution is a part of his probation (if the judge knows he will make it part) this will be much easier (and no cost) than going to small claims court..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Jan 20, 2009 11:19 am Post subject: |
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| Yeah that's my luck of something like this happening. I'm just wondering if they have insurance with another company at the time of this accident. If so then I will have his wife charged with providing false information. Another thing that gets me is if he didn't have insurance then his driver liscense would have been suspended correct ? At least that's what I gather from the DMV. |
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DSFD505
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| Posted: Tue Jan 20, 2009 11:36 am Post subject: |
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| Quote: | | Another thing that gets me is if he didn't have insurance then his driver liscense would have been suspended correct ? At least that's what I gather from the DMV. |
"IF" the dmv knew they may have pulled his license until he proved ins. but they may not have known...be glad there were not serious injurys that would be tough as well...depending on the limits you carry under your uninsured motorist...many people injured by an uninsured driver quickly find they have only the state miniums...I'm sorry but I say 'stick it to him' as hard as you can...and do keep us in the loop please...have you contacted the prosecutor yet?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Jan 20, 2009 11:53 am Post subject: |
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| I haven't contacted anyone yet....I don't even know who or when his court date is. I am going to contact the trooper that responded and see if he can give me the information. He's definitely not getting away with anything from me. |
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DSFD505
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| Posted: Tue Jan 20, 2009 11:58 am Post subject: |
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good, i'm glad you're loaded for bear and have him in your sites...do let us know...and i'm just sure your county has a prosecutor possible a victim advocate you can talk to about getting restitution..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Jan 20, 2009 11:32 pm Post subject: |
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| In PA the prosecutor usually sends a letter in the mail before the court date asking if you are seeking restitution. If you go directly to the prosecutor you can get this done in advance and they will include it in when he gets sentenced. You may have to go to court also to testify. Just wanted to let you know ahead of time..My hubby had something like this happen when his vehicle was parked at his sisters and a drunk driver hit it. |
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fireyone
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| Posted: Wed Jan 21, 2009 6:09 am Post subject: re: |
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really: "...I'm just wondering if they have insurance with another company at the time of this accident. If so then I will have his wife charged with providing false information..."
You're going to have her charged? That's like saying I saw a guy the beach with a black kite but he told me it was red, so I am going to have him charged with misrepresenting the color of his kite.
DSFD505, I charge you with...
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rerunran
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| Posted: Wed Jan 21, 2009 11:46 am Post subject: |
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Unfortunately all states are not even close to PA in this regard..i see it all the time  
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri Jan 23, 2009 7:26 am Post subject: |
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I work law enforcement so court to me is not a big deal if they wanna call me in. As far as a letter, seen nothing of it. My adjuster is contacting everyone to get this straightened out.
Rerunran, from what I gather with what you said, you're telling me that you are the type to stand by and do nothing. If the cops asked you if you had seen this murder suspect and you told them no but yet they're in your house, that would be the same thing. When he called her to come pick his car up and to provide a valid ins. card, maybe she planned to give him that insurance card knowing it was canceled ? I don't know and you don't know so maybe it wasn't like that or maybe it was. Someone had to know that the policy was no good when they presented that card. |
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DSFD505
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| Posted: Fri Jan 23, 2009 2:16 pm Post subject: |
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If she did provide false information knowingly...she can get her butt in a ringer, however proving she 'knowinly'' did it may be a challege, but Josh I think you are up for it.. 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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