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Questions About Auto Insurance and Accidents

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  • qbrozenqbrozen Posts: 28,000
    so i think its quite possibly a company thing. you might try looking elsewhere. good luck.

    '07 ML63, '08 Charger R/T Daytona; '67 Coronet R/T; '14 Town&Country Limited; '18 BMW X2. 52-car history and counting!

  • corvettecorvette United StatesPosts: 7,775
    The estimator talked to the original shop (and did no negotiating), but told me that the decision as to what would be done was up to the claims department. I may have very well been "on notice" that disputes about the quality of the repairs were with the shop and not the insurer, but ultimately it is their responsibility to ensure the car is returned to pre-accident condition. They may not be required to provide leverage against a bad repair shop, but it doesn't mean they can't or shouldn't. I'm really annoyed that I had to go as far as I did to receive an acceptable solution, and I will probably still complain to my agent about the first claims rep who advised me to get insurance elsewhere.
  • janzjanz Posts: 129
    No one has answered you yet and I am not an insurance professional, but I would like to enter my .02.

    You are referring to Diminished Value. You might find the article below interesting. I understand it can be difficult to collect on this.

    "Court battles over diminished value provides no ready answers".

    http://www.autobpa.com/body_lang/court_battles.htm
  • jaa37jaa37 Posts: 67
    I'm sure this has been asked before, but any help would be appreciated. My 2004 Civic EX sedan with side/airbags got totaled in an accident a few weeks ago (not my fault--the other driver swerved into my lane and sandwiched my car between her minivan and the guardrail). I have Geico, and they say they'll probably have a number for me today. How do I know the number is fair? Is there any way to dispute their valuation if I disagree?
  • janzjanz Posts: 129
    I am not an industry professional, this is based upon my personal experience.

    The insurance company should offer you current fair value to allow you to replace your car as it existed just prior to the accident. (You should know they are not obligated to pay off your loan if you are upside down. I learned this the hard way years ago.)

    Since it is so new, to get a real and fair current market value, I would go to the dealer where you purchased your car and 2 or 3 other similar/Honda dealerships and get a quote in writing from them on what it would cost to replace your car with the same options and mileage.

    I did this when our trailer was stolen. We were able to get the insurance company to increase the offer because of the ACTUAL cost for replacement was greater than their first settlement offer.
  • jaa37jaa37 Posts: 67
    My Geico rep asked me for the bill of sale for the car when I bought it in December. She said that because the 2005 moddel was unavailabel at the time of the accident, Geico would reimburse me for the amount I spent to purchase the car. Does this sound right? Also, should I expect to recoup just what I paid or taxes, fees, etc. as well? I paid less than many people for the same car, I think, because I got a good deal -- does that make a difference?

    Thanks...
  • prophet2prophet2 Posts: 372
    I got into a minor parking lot collision a few months ago in which we were both backing out of angled spaces almost directly across each other. I got out a few seconds earlier and my rear quarter panel was bumped between the rear tire well and the rear bumper cover by the left rear corner of the other vehicle. I was stopped and had just switched from Reverse to Drive when the impact occurred.

    The other insured, AIG, offered 50% of the $1170 estimate, which my carrier, GEICO, declined. The arbitrator awarded us 80%, which means that I will get back $400 of my $500 deductible.

    As I understand it, the other party made no claim against AIG. For my car, no crash parts were needed - the claim involved paint material and labor to straighten the quarter panel and refinishing.
  • kank2kank2 Posts: 2
    My car, 2001 Toyota Camry ce, 59k on it, is totaled by other driver.
    My questions are:
    1. How much is it cost to a replacement?
    2. How and what do I do if I don't accept insurance co's unfair offer?

    Thank you very much for any suggestion.

    Kank2
  • vsaxenavsaxena Posts: 211
    Thanks for the link.

    I all boils down to how well we can negotiate with the insurance company. Sometimes I feel that it would be better to hire a lawyer. You hate them but can not live without them...
  • Hi Kank2. You should be able to find out approximately how much money it would cost you to replace your car by looking up its Edmunds.com True Market Value by visiting the following section of this site: Edmunds.com Used Vehicle Pricing. You also may want to stop by the following discussion that appears right here on the Smart Shopper Message Board: "Real-World Trade-In Values". One of our most knowledgeable community members, Terry, frequents that discussion and he is often kind enough to give consumers his opinion on their vehicle's current value if they provide him with a detailed description of it, including its color, mileage, options, and what state they are in.

    If you feel as though your insurance company's offer is insufficient to replace your vehicle with an equivalent one, you can negotiate with them. Compile evidence to support your case, such as a statement from a local dealer or dealers, vehicle prices from newspaper ads, and information from the Internet and provide it to them.

    Car_man
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  • yurakmyurakm Posts: 1,345
    A relative got into accident while walking on road shoulder. The car speeded suddenly from driveway of a business, and hit him hard. My relative jumped back trying to avoid the car, but not far enough - he is 70+ years old and not strong. The last moment the car turned right, hit him, and broke the leg bones.

    Fortunately, my relative survived the loss of blood and the pain shock. Now he is recovering, and even walks again, with cane. However, he needs help even with so simple tasks as buying groceries or cleaning his room.

    The driver admitted in the police report that he did not look ahead while approaching the road. He looked at left to make sure there is no cars on the road, but not ahead of him. He did not realized that he is going to hit a pedestrian until heard the knock. I believe there is no question the driver was on fault. According to the report, police did not arrest the driver, because the accident happened on private land.

    Now my relative is receiving a lot of bills from hospital, doctors, etc. He is on Medicaid, who does not pay the bills, or at least most of bills. My relative is forwarding the bills to the insurance company of the driver who hit him. However, the insurance is denying payments, for strange reason: the victim is not a family member of the driver. I.e. the insurance company pretends that they were asked not for liability payments, but for health ones.

    How can my relative collect the medical payments from the driver or his insurance company? He did not ask anything unusual. No pain and suffering, no punitive damages. Only that hospital, surgeons and other doctors will be paid for their labor.

    Complicating factor: his English is rather bad. He reads fine, writes passably, but do not speak well, and barely understand spoken English. He have no auto insurance, because does not know to drive. And he is somewhat afraid of all the bureaucracy - bills, insurance, lawyers, etc. Just wants the driver and his insurance company to do the right things and left him alone.

    -----------

    It is off topic, but let me to give vent to my anger.

    After hitting my relative, the driver went out from the car and looked on him, than returned to his car, drove back to parking and was sitting in the air conditioned car, waiting for police, while the victim was bleeding, lying on the pavement. Even without trying to call ambulance. I consider it equivalent to hit and run. Equivalent in substance, even if formally the driver did not leave the place of accident.

    Fortunately, a stranger driving by the road saw my relative in a puddle of blood on the pavement, and called 911.

    I searched on Internet for info on the driver, and found that he is M.D., a psychiatrist. I consider not professional for doctor not to trying to help an injured.
  • prophet2prophet2 Posts: 372
    Where are they when they're needed? Surely there must be some ambulance-chasers out there.

    Did your relative file a formal claim? Those bills he's sending are going to be ignored otherwise.

    This is a medical expense claim for automobile liability insurance, not medical insurance. Pedestrians ARE covered!
  • Kirstie_HKirstie_H Posts: 11,098
    yurakm, I'm really sorry to hear about what happened to your relative. That is truly awful.

    It sounds like your best option is to contact an attorney. We can't give legal advice on this board, but contacting a lawyer who CAN is clearly your best option. I understand that language is a problem, but perhaps a family member can help with translation, or you can find an attorney who also speaks his native language.

    Since your relative is a pedestrian instead of a driver, he does not get help from his auto insurance company in fighting the driver's insurance company. So, you will need to find someone who can fight for his best interests.

    We wish the best to your relative.

    kirstie_h
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  • yurakmyurakm Posts: 1,345
    Thank you so much!

    No, he did not file any claim. Frankly, I also have no idea about the formal claims. What it means, and with whom he must file a claim? With police, or with court, or the state insurance commission?

    I thought that it is enough that the insurance company knows about the accident from the police and received copies of medical bills.

    -----------------

    The insurance company definitely knows about the accident. They bombarded him with letters and phone calls while he was in hospitals and couple of weeks after this. They offered him $5000 in writing.

    They even sent 4 times agents to the apartment where he lives: 2 times while he was in hospital (the agents put notes on his door), and two times just after he returned home. By the way, without invitation. It is directly prohibited to enter the building without invitation of a person who lives there. To my understanding, this is named trespassing and considered to be a petty crime in Connecticut.

    Later the insurance company continued to push on him to meet personally and to discuss the matter. Even after he told them he does not speak English well enough, and is in bad health. He is ready to discuss by exchanging letters, but the insurance company wants to discuss orally, not in writing.

    He believes that the insurance company is trying to use his weakness after the accident, his bad English, and lack of understanding of law and customs to press on him. Probably to let him say something what later would be considered that he agreed to a small settlement. Something not covering his medical bills. Even he understands that a 5 hours surgery, followed by more than week in hospital and a month in a rehabilitation center costs a lot in Connecticut. Substantially more than the $5000 they offered him.

    Personally, I think that very probably he is right. Insurance company must minimize its payments. It is OK with him, as long as they cover his direct expenses - primary the medical expenses. He does not know if there will be other expenses connected with the accident.

    He is a refugee, immigrated already retired, lives on welfare, and it complicates a lot of things.

    It is a good idea to hire a lawyer. Probably I ought to ask my lawyer to recommend a honest colleague specializing on traffic accidents, and to pay for his help. My relative definitely cannot afford hiring a lawyer himself.

    However, hiring a lawyer would substantially increase costs for the driver and/or his insurance company...
  • yurakmyurakm Posts: 1,345
    Thank you!
  • ern35ern35 Posts: 11
    Although not an attorney, I work in the legal field (in NJ) - I definitely agree with finding an attorney as soon as you can. Not sure about CT regs, etc., but here in NJ, attys can take cases on contingency, and will take their fee out of any settlement awarded to their client - usually a third of what is awarded, so in many cases, it isn't necessary to pay them up front.

    And once he has an attorney representing him in this matter, all communication/correspondence from the other side should go through the attorney, and not him directly.

    It sounds like this is a bit complicated, and an attorney will (hopefully) help him to resolve the situation. Your suggestion about asking your attorney is a good one too; this way you know you will get someone fair and who will have relative's interests in mind.

    Good luck
  • prophet2prophet2 Posts: 372
    The fact that they've made him an "offer" ($5K is a JOKE) is a mere smoke-screen that they are trying to take advantage of the situation to get him to sign a release. ALL THE MORE IMPORTANT THAT HE GET AN ATTORNEY INVOLVED.

    As mentioned earlier, all communication should be through his attorney only. Then, and only then, will there be a serious offer from the insurance company. Pain and suffering should definitely be part of the equation, as well as rehab expenses.

    The main thing at this point is that he should not sign ANYTHING without legal representation.
  • yurakmyurakm Posts: 1,345
    Thank you, ern35 and prophet2!
  • manamalmanamal Posts: 434
    Anothr thing you might be able to do is to find an attorney that speaks you language. THat might help. Or, if the ins. co. contacts his again, counter with a high figurem, something like 2x actual medical expenses + 100K for pain and suffering (maybe more).

    What I do no is that the ins co will not pay on his medical claim until the matter is settled.
  • jaa37jaa37 Posts: 67
    Geico has set the value of my 2004 Honda Civic EX four door with side airbags at $16,500 or so. At the time of the accident, it had 15,000 miles on it. The 2005s were NOT available, which means (according to Geico) that they must reimburse me for the cost of a new 2004, since that's the only way I could replace it. My question is, how do I know if that's accurate? The Edmunds TMW for a new 2004 is higher than that, and I imagine it was even higher a few weeks ago before the 2005s came out. Any advice?
  • manamalmanamal Posts: 434
    The only thing complicating the figure is the 15K miles. If we figure $0.10/Mile, we are loking at $1500 below new. Also, they should reimburse you for taxes and all of that.

    If you do not think you can get one for that price, ask them to find one for you. I suspect that you could get an '04 with Side Airbags for around 16500 + Tax/Tags.

    I would ask Geico for Taxes + tags.

    When I totalled my car, USAA gave me (1) more than I paid, (2) taxes/tags, and (3) dealer processing charges.
  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    jaa, when a vehoicle is totalled, insurance is only responsible for making you "whole", or in other words, replacing what you had before the accident. In your case, you're only entilted to the value of a 2004 Honda with 15K miles, not a new vehcile with the same equipment. 15K is a substantial amount of mileage for a year-old car, thus the difference in value vs a new Civic.

    I agree with the last post though, you should ask for tax/DMV. Worst they can say is "no".

    kcram
    Host
    Smart Shopper and Wagons Message Boards
  • I was involved in an accident and the woman at fault was insured with Geico. They gave me way more than I paid for the car and covered sales tax as well. I think you should definitely ask them to give you compensation for taxes on the vehicle.
  • jaa37jaa37 Posts: 67
    Kelley Blue Book sets the private party (the closest thing to "market") value of the car at $16,005. Dealer price is more than $17K. Which is more accurate? Which should I use as "evidence"?
    Also, if the value is $16,005, then I would owe approximately $1,500 in taxes and fees. So I figure I should get MINIMUM $17,500, and possibly more.
    Any thoughts?
    Thanks!
  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    jaa, market value is going to better derived from what cars are actually selling for in your area. Check the local papers and possibly AutoTrader for similar Civics in your area. You might also want to check in woith Terry at Real World Trade-In Values with a detailed list of how your Civic was equipped, and he can give you a good idea of what wholesale is in your area. Add a reasonable amount for reconditioning and profit, and that should be what you can expect to pay.

    kcram
    Host
    Smart Shopper and Wagons Message Boards
  • connon1connon1 Posts: 15
    Hi, I am new to this category. Am currently paying approx $1950 through Liberty( north NJ.) to cover a 2004 F250 KR and a 76 stingray. Am considering dumping the vette for a new Mustang GT or Cobra.Any input as to what kind of hit I would take for this change? Clean record , age 46, home and auto through same carrier, full collision on both vehicles.I know there would be a major difference between the GT and Cobra but am curious just how bad it could be dollarwise.thanks.
  • grandtotalgrandtotal Posts: 1,207
    Why don't you just pick up the phone and ask your insurer, they should be able to tell you.
  • connon1connon1 Posts: 15
    The last time I was considering adding a vehicle to my policy the agent really couldn't get too specific without VIN #'s. I'm not really to that point yet. Maybe I caught the rep on a bad day. Right now I am just exploring possibilities.
  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    Connon, check to see if your carrier has a website configured to give quotes. If so, you can at least get a rough idea what it will cost you.

    kcram
    Host
    Smart Shopper and Wagons Message Boards
  • I have just moved from Illinois to California. I was insured under my parent's policy and the car was in my father's name. Now I'm looking to purchase a car from a private party and insure it in my name. Two brokers have said that they will need to see the vehicle in person prior to covering it. The broker in Illinois says they can't cover [a car in my name] in the interim. So my question is, how do I drive the car to the broker without insurance?

    I know a dealer will sell you a waiver, do I have any option like that private party?
  • I work for a collection agency doing auto deficiencies. A debtor called me 2 nights ago wanting to know if he paid on the car would lienholder release the title and so forth. He asked for a settlement adv him of possible settlement based on his hardship and i would have to request it. He gave me his hardship story and based on that information was approved for a settlement. The vehicle was to be repossessed months ago but debtor had been hiding the car. As it turns out, the debtor got into a car accident and the other guy's insurance is totaling the car. The debtor never told me that originally. I talked to the insurance company and told them the situation. they agree with me. The debtor wants my company to honor the original settlement even though hes been told we will not because he owes almost $10,000.00 to the bank, wants the insurance company to pay the $7,000.00 but only $2355.00 settlement to the bank and the remainder plus the title to him. He said that I have to honor the settlement because I faxed it to him, has it in writing. That settlement was extended as a result of his deception. He shouldn't even have the car. I have all of this documented. Is this illegal on his part? He owes the bank the loan amount and he lied about needing a settlement and he lied about where he was getting the money to pay the settlement. Will someone please advise? Thanks.
  • when an insurance company totals a car can they withhold the check to the lienholder until the lienholder repos the totaled vehicle and delivers it to the insurance company? The insurance company told the lienholder location of the vehicle. The lienholder will send insurance company a letter to guarantee release of the lien after the payment posts. Is this just some stall tactic on the insurance company's part?
  • tornado25tornado25 Posts: 279
    Frankly, I'm not sure that there is that much of any communication between the insurance company and the lienholder. The ins co will co-pay the check to the lienholder and insured. If the amount of the payment exceeds the loan balance, the remaining ins settlement balance is paid to the insured and the insured must provide the vehicle to the ins co (they know where it is, because they should have inspected it to confirm damage exceeds value, etc--this is not a a repo issue). If the settlement is not enough to cover the loan balance, the insured needs to pay the balance and relinquish the car to the ins co. The caveat is if the insured has agreed to retain salvage--i.e., take settlement minus salvage value of car and keep car.
  • dougmdougm Posts: 1
    I have a 2003 trailblazer
    that was in an accident
    if the insurance company calls it a total loss
    should I get a refund on the extended warranty
    its a GM warranty and was included in the
    orginal loan?
  • Hi dougm. I believe that you should be able to get a refund for the unused portion of your warranty if your vehicle is totaled. General Motors allows the transfer or cancellation of extended warranties for consumers who wish to do so, though they may charge an administrative fee to do so.

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  • I heard about Insurance companies reimbursing owner for "Depreciation after accident"..ie. once a car is involved in a accident, it loses some value. Anyone knows anything about it or how to find out.

    Someone ran into my 2003 BMW 325CI. I am figuring out how to get reimbursed fot it besides getting it fixed.

    Thanks in advance.
  • sbakersbaker Posts: 30
    I just went through the same hand wringing with my car. It was hit while parked and ended up needing a new fender. I couldn't find any information that would lead me to believe that any insurance companies will do a payout for diminished value. In fact, most of what I found indicated that they don't and the courts support that stance.

    Anyway, it was fixed right. So, I didn't pursue it any further. I figure, by the time I sell my car in a few years, any minor previous damage will count for almost nothing compared to its overall condition at that point in time.
  • One and a half month ago (09/17/2004), I got hit by a car when I was about to make a left turn. Problem is, at that time I was still in the process of obtaining my driver licese, hence... I couldn't apply for insurance since I didn't have a driver license.

    And then the accident happened. Well, the cop told me that it was my fault because I failed to yield, even though I'm the one who got hit.

    He said I was supposed to let that car passed first then I can make a turn.

    So I didn't have a license and insurance. Big time, I got 4 tickets for around $1000. My car is a total junk / total loss.

    Now here's the problem, the other party never contacted me at all for about one and a half month until yesterday. The accident was on 09/17/2004.

    They want me to pay them $7000. All I got is $2500 in my bank account. And that's it. I'm a college student working part time for only 14 hours/week.

    I'm scared and I'm confused. I didn't want to go to jail for this. But I really don't have that much money to pay them. Besides, I already got $1000 tickets, and my car is a total junk. I'm so stressed out yesterday when I received the letter from his insurance company. I couldn't sleep at all for whole night.

    I need advise or suggestion from fellow drivers in this forum. Thank you so much in advance.
  • qbrozenqbrozen Posts: 28,000
    well, the first question on everyones' lips is going to be "what the hell were you thinking??!"

    good grief! this is exactly why you need insurance to drive. And no license to boot?? What is the state going to do with you? I think it used to be driving at like 16 before having a licence and getting busted meant no license till 21. I could be remembering that wrong, but, if its not a law, it should be. You say you are in college, so you must be older than 17, right? And, as your parents would/should say, old enough to know better.

    Anyway, the accident was your fault. If you made a left and someone ran into you who was going straight, then there is no debate about it. They had the right of way.

    So, now what? Well, can you call home? You are either going to need financial help with this or you are going to have to work something out with a judge regarding garnishing your wages, etc. You won't be going to jail, so don't sweat that, but you definitely are going to pay for your stupidity.

    '07 ML63, '08 Charger R/T Daytona; '67 Coronet R/T; '14 Town&Country Limited; '18 BMW X2. 52-car history and counting!

  • Kirstie_HKirstie_H Posts: 11,098
    Hi exentric, and sorry to hear about your dilemma. I know that this is horrible for you, but hopefully you can resolve the problem and learn from your experience. We have all made mistakes in life, but it does require personal responsibility to correct them.

    First, it is not entirely clear - were you driving without any valid license at all? Or do you mean just no license in that particular state? If no license, did you have a learner's permit, and was a licensed driver in the vehicle with you?

    How did you purchase a vehicle with no insurance - or, does the vehicle belong to a parent?

    You will likely have to pay for your mistake, financially and legally. There is the possibility that you will not be allowed to obtain a driver's license for some time to come, but as qbrozen said, this is not something that people regularly go to jail for.

    If you cannot borrow the $$ to pay for the damage to the other person's vehicle, you will probably have to pay over time. The state will take money out of your paycheck until your debt is paid off.

    The problems that you face are serious, and there is no easy way to make them go away. My only advice is to accept responsibility before the judge, the other vehicle occupants, and your parents, and hopefully you'll be respected for that.

    kirstie_h
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  • yurakmyurakm Posts: 1,345
    Frankly, you ought to be scared much earlier - at the very idea of driving without license and insurance. You have bad emotions now, when it is time to pay for your behavior. Did you think about the person or people who got into the accident because of your fault?

    Fortunately for you, nobody will put you in jail for having no money. Debtor's prisons do not exist for 150 or 200 years. You risk only your modest assets (after some exclusions, something like $1000 to $1500, depending on state). After losing the assets, you must pay a modest share of your future incomes - something like 10% or 20%, again depending on state you live in - until you will pay off your liability with interests. Possible you can settle with insurance company for even lesser amount.

    You'd better fear your future insurance rates. Due to such an accident auto insurance can increase by something like $1500 or even $2500 per year, for long years. However, this is a moot point, given you had no insurance nor driver's license on the first place. Probably the accident and not paying liability will also hurt your credit report. And many employers will not risk to hire you after you graduate (or will drop) from your college: you know, irresponsible character...

    By the way, it could be a good lesson for you. As informative as a year in a college, and not more expensive. However, even 1.5 months after the accident, you did not bother to check the driver's manual to make sure you have no right of way when turning left. It is a bad sign concerning your education...
  • Thanks. As I said before, I was still in the process of getting my driver's license when the accident happened. (I failed a couple of times, and can only take the driving test once a day)

    I didn't know that we can buy insurance without driver license.
  • manamalmanamal Posts: 434
    There is a lecture in e trying to get out....I am trying to surpress it....what the bleep were you thinking?

    Now, advice: contact the insurance company. Let them know that you are a college student without the funds to pay right now. offer to pay over time. Try to avoid the judgement on your credit, or the writeoff. The thing is the cost of the bad credit (writeoff or judgement) will be much higher than the 7K to fix the car.

    Bottom line is you messed up. You have to pay the piper. Just be glad it was not worse. No one was hurt and the damages were only 7K. (I was in a similar accident where my ins. company paid out $78,000 in damages with no injuries.

    And, (here comes the lecture) maybe you should not be driving yet. Clearly you have not demonstrated the maturity to understand the consiquences of your action. And now, you are looking for an easy fix? I hope not.
  • Kirstie_HKirstie_H Posts: 11,098
    best advice yet, manamal. Acknowledging responsibility in court and with the insurance company is the straightest path to resolving this matter in a way that will damage you the least in the long-term.

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  • manamalmanamal Posts: 434
    Frankly, the only downside is that if he is not at fault, he will be admitting fault. but, from what I read, he is not at fault.

    Now, if the other guy was speeding, then maybe that could be a factor. (In my accident, the other person was going 65 in a 40 zone through a yellow light. I was found not guilty in court, but my ins co paid anyway).
  • Kirstie_HKirstie_H Posts: 11,098
    Yes, of course, if there are other circumstances, then that's a factor to consider. However, when one drives without a license, there's not a lot of sympathy to be had for other arguments. By driving without a license, you're basically at fault for anything that happens when you're behind the wheel.

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  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    Frankly, the only downside is that if he is not at fault, he will be admitting fault. but, from what I read, he is not at fault.

    Problem is, in every state I can think of, an unlicensed driver is at fault period because they should not be at the wheel for even 5 feet. In this particular collision, exentric showed that he neither knew the rules of the road (right of way, several failed tests), nor was he able to judge things like closing speed if he attempted the turn with traffic approaching. Even if you're the most trained, experienced driver in the state, if you are unlicensed (or suspended), then you are illegally operating a vehicle - even if someone plows into you, you should not have been in that position.

    Sometimes it's really tough to swallow this much, but in this case, Exentric is really going to have to choke this one down... and for a long time.

    kcram
    Host - Wagons
  • manamalmanamal Posts: 434
    K_cram, this is drifting off topic a little bit, but just because he is operating a vehical illegally does not mean he is the cause of the accident. (In this specific case, I think he was).

    Recently, in the Washington DC area, there was a fatal accident where a surviving driver was legally drunk. He was charged with DUI. After analyzing the accident, the investigators determined that he was not the cause of the accident. So, we was not charged with vehicular homicide or even in the accident. He was charged with DUI, though.

    I can not provide more details, as I am writing from memory.
  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    Well, I did specify "unlicensed driver" in my argument. Speeding is operating a vehicle illegally, but that's getting into semantics. A licensed driver is only illegal when they actually commit an infraction like DUI. Exentric was unfortunately illegal no matter what he did at the wheel because he was not allowed to be there at all. It will be that fact that costs him here. If it gets to court, intentionally driving with no license, especially after repeated failures of the test, will be seen as disregard for the law and public safety.

    kcram
    Host - Wagons
  • and insurance company says "repairable vehicle" not a total loss. My concern is long term reliability/safety of car once the repairs are done. I was hit in rear by tractor trailer. Repairs are estimated at $15k. Do I have any recourse with insurance company to argue that vehicle should be total loss or I am forced to accept what insurance co. says is a repairable vehicle? Thanks in advance for any advice.
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