car crash in the intersection of old keene mill/rolling road
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This is a discussion on car crash in the intersection of old keene mill/rolling road within the Mid-Atlantic States forums, part of the Regional Discussion category; Ok. lets see.. where to start... It happened yesterday ...or technically today at 4 am... after my graduation... my friends ...

  1. #1
    Registered User Dooley's Avatar
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    car crash in the intersection of old keene mill/rolling road

    Ok. lets see.. where to start...
    It happened yesterday ...or technically today at 4 am... after my graduation... my friends and i went out to celebrate by having dinner and then to karaoke... after celebration was all over i was taking 3 of my friends home..... coming onto the 4 way intersection of old keene mill/rolling road... i turn into the left turning lane to go into rolling road when a chrysler comes INTO my lane and hits me in a direct head to head impact... i tried to brake but it wasent enough...

    well needless to say.. both of my front air bags exploded and coolant/ water spray or whatever was leaking all over from both of the cars.... and now one of my friends have a face that looks like someone beat the crap out of her.... my other friend cant put pressure on one of his legs.. and my girlfriends ankle looks like my arm... and as for me.. im just swollen on my right side so i cant use my right hand for anything... talk about sucking to be right handed... i wonder how im going to even wipe my butt .... haha.. but yea this was my frist accident and i have no clue where to start... the cop wrote out all the other drivers information/accident number/towing company..etc but where do i start...

    the girl was charged with a dwi on the spot and was handcuffed and taken to jail... now i ask all of you... what do i do... how do i deal with this case? i have a clean record..no tickets what so ever... do i go about and sue her too? what is gonna happen to my car if totaled... do you guys think its totaled... i know its hard without pics but ill take pics soon enough... oh yea... she wasent even the owner of the car she was driving... and there were 3 cops and 2 witnesses ...

    ok if this doesnt make sense please try to make the best out of it and give me your best imputs... im just totally startled right now... and my car.....
    *04' Black Pearl WRX Sedan*


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  3. #2
    Registered User Dooley's Avatar
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    no one can give me inputs?
    *04' Black Pearl WRX Sedan*


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    An attorney would better serve you for advisement, as I'm sure your friends have already.

    -Dave
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    Registered User WRX_Wagon's Avatar
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    There's alot of ground to cover here.

    An attorney would be a good start, depending on how much of an ambulance chaser he/she is, they might recommend you seek immediate medical aid/therapy. etc -- all the better for a pain & suffering claim (although the DWI of the other driver makes it a pretty strong case already).

    Somebody's insurance will pay you blue book for the car, for stock condition. Find out where it is being stored. If you hold the title, you have every right to remove any add-ons, but understand that you might be working in a muddy junkyard somewhere with no light, electricity, etc. You might be able to squeeze a few more bucks out of them for non-removable mods if they are documented, but dont expect more than .10-.20 on the dollar for them.

    If your insurance company pays they will subrograte (sue) the other partys insurance for the claim, but you will still have to pay your deductible, so factor that into your potential legal action. This shouldnt affect your insurance rates whatsoever.

    If the other party's insurance company admit responsibility and pay in full, then you save your deductible. This is better obviously.

    If the car is a lease, hopefully you had gap insurance.

    If the car isnt paid off, and a bank holds the title, they have the right to tow/store it to a place of their convenience (not yours). This might make pulling off any mods more difficult. It also means (just like a lease) that there is a "gap" in the value of the car between what its worth vs. the payoff amount. Something else to add on to your potential legal action.

    Know that a lawyer will either charge an upfront retainer (possibly a few thousand) or take a percentage of the final claim (30-40% contingency). In order to bolster your claim you might have to go through hours and hours of physical therapy (that you may or may not need, *wink*)

    Also know that if it comes to a lawsuit etc. you might not see the money for many months if not a few YEARS.

    On the good news: You are OK, your friends are banged up but OK, the car will be replaced, and this should not affect your insurance or drivers licesne whatsoever.
    Last edited by WRX_Wagon; 06-18-2004 at 12:37 PM.

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    Registered User Dooley's Avatar
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    yup... u work for insurance??

    i came back and she was right on it saying go get it treated ATleast 2 times per week and also lawyer fee is 33%..ur good.... oh well.... at this point i dont care what mods or crap like that...i just feel bad for friends and parents....

    lets all just ho[pe for the better........
    *04' Black Pearl WRX Sedan*


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  7. #6
    SMC
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    Been there done That!!!!
    Had an old geezer stroke out and hit me head on in April of '02.
    Between his speed & mine it was like driving my 4Runner into a brick wall at 50 mph. He was DOA, I broke an arm and really f#*ked up my right leg. (Shattered tibia/fibula at the ankle joint)

    I didn't walk for a year. Went thru $80K of procedures to put Humpty Dumpty leg back together again. The old guy's insurance was like "Well since he had a heart attack it wasn't his fault so we don't want to pay"!

    I was like WTF!!!?????

    Believe it or not there is a legal defense called the "blackout" defense where that can actually happen!!!!

    Lucky for me a Judge ordered mediation and the case was finally settled out of court. Not a ton of $$$ since the guy had like the MINIMUM coverage by law. But I did pick up another $100K from my underinsured motorists coverage....otherwise I would've been SCREWED. (Self employed- no health insurance)
    Some advice- don't cheap out on your coverage!!!! Make sure you have at least $100k UI/UM coverage!!!! or even $300k for a few bucks more. It might save your azz when that wreck happens.
    Here's a quick pic to drive my point home.
    Attached Thumbnails Attached Thumbnails dscn0443b.jpg  
    Last edited by SMC; 06-18-2004 at 03:36 PM.

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    SMC
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    Her'e what was left of my sweet 2000 4Runner!
    Attached Thumbnails Attached Thumbnails dscn0405b.jpg  

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    Registered User SERacing's Avatar
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    I thought you DONT want the other driver to be charged with DUI because then you can't sue their insurance company, you can only sue them and that is harder.
    SIRacing.Net

    Originally posted by yermom
    heh, fairlady

    does not sound like a fast car, no wonder they changed the name for the US market

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    Registered User WRX_Wagon's Avatar
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    Originally posted by SERacing
    I thought you DONT want the other driver to be charged with DUI because then you can't sue their insurance company, you can only sue them and that is harder.
    That may be (good lawyer question), but its not like you have a choice in the matter. The perp has already been arrested/charged.

    No, i dont work for an insurance company, but I have been down this road, as a matter of fact my last two cars have been totalled (neither my fault !) including my supercharged hopped-up Integra in Jan '03. Got rear-ended by a semi after losing control at highway speeds. Walked away from it.

    Oh ! Another point, probably only relevant if you (or parents) hold the title, but you might want to see what the insurance co. wants to salvage the car. In the case of my Integra, I bought it back for about $1000 (the car from drivers seat back was totally fcuked up) and was able to re-sell the front clip for over $4K. Cha-ching.

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    Registered User SERacing's Avatar
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    Yeah its obviously too late by now, I just remember my friend going through basically the same thing...drunk driver nailed his car, he knew the cop that showed up so he gave him some friendly advice and didn't charge the other driver for the DUI so that the insurance thing would work out.
    SIRacing.Net

    Originally posted by yermom
    heh, fairlady

    does not sound like a fast car, no wonder they changed the name for the US market

  12. #11
    Registered User Dooley's Avatar
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    updated with few pics i took from towing lot







    *04' Black Pearl WRX Sedan*


    **RISEN ONCE AGAIN**

  13. #12
    Registered User WRX_Wagon's Avatar
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    That'll buff right out







    j/k



    Youch. That's pretty much fcuked. Forget about buying it back for salvage, the engine/tranny is probably shot. Looks mint from the firewall on back though.... hrmmmmmm


    Good luck on getting it worked out. Hope your neck is OK (hint, hint)
    Last edited by WRX_Wagon; 06-20-2004 at 10:37 AM.

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    Banned highwaymrdr's Avatar
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    damn your car looks bad =\

    as for how to wipe ur azz without ur favorite hand? not hard youll get use to it and become a pro. i had to switch hands for multiple tasks after surgery in my right hand. was a troublesome first few days but i caught on quick

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    You should do research on local insurance law/vehicle code, as such can actually change from state to state. Regardless, the insurance is obligated to pay for 'ANY' damage caused by their client that has been deemed to be the result of negligent, or any other behavior, that would place them at fault. Unelss there is an actual "black-out" clause in the contract that the deceased had signed, the insurance company can be held responsible for financial compensation due to something called an implied contract. Furthermore, making a really big stink will usually end up with out of court settlements, as it is much cheaper for insurance companies to settle than drag out the case and incurr attorney's fee's. Furthermore, to add insult to injury, you may be able to represent yourself without representation. I know that sounds odd, but simply means that you are 'In Pro Per', or your own representative (Fancy talk for not having an attorney). There is no less validity, or seriousness to such a case, if you choose to represent yourself, as a degree in Law simply allows for people like me to charge more than should be legal, for legal advice.

    I know, I'm corny, but am a Law School student at Pepperdine. You have a case, especially if there is a medical condition present with the deceased driver. If such exists, he was operating the vehicle negligently, meaning that insurance has to pay, regardless of whether he passed out/died or not.

    Furthermore, there is this thing called an " if not for" concept. Meaning that were if not for a particular act/event, the following would not have occured.

    Let me know how if goes and if you need any help.

    BTW, anyone interested in a Unichip and MBC???? (SHameless endorsement)

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    hi there Dooley, sorry to hear about your accident. ive been there last year the only difference is that i was the one who had a DUI, with regards to your car i bet their totalled but if you had your car for less than a yr. most likely your insurance will pay it off on top of it they pay you the interest too. cause thats what happened to me i totalled my car and they gave me an extra 5k for the interest. cause they base it on your contract that you have signed. hope you feel much more better...

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