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 08/02/2005 01:44:41 AM · #1
My 18 yr old daughter just called me from downstate. Kristen was coming home from work and a drunk driver creamed her car. Thank goodness she is alright - just some small cuts from the safety glass. She said he hit her side - right in the door. I can hardly believe she did not get injured! I'm sure she'll be sore tomorrow.
Kristen's car is totalled. Poor kid is working so hard - trying to be independent and start college next month and now she has no vehicle to get anywhere. It was an old beater so she only had PL/PD on it - no collision coverage.
The drunk who hit her tried running from the scene. Luckily he was caught by a couple witnesses to the accident and held for the police. He is now in jail. His car is also totalled.

- Linda
08/02/2005 01:46:33 AM · #2

There is just no end to this problem anywhere in the world! Glad she is ok though!

08/02/2005 01:55:52 AM · #3
Damn drunks shouldnt be driving.
 08/02/2005 01:57:43 AM · #4
That call must have given you one heck of a fright, very glad she's ok Linda (((hugs)))
 08/02/2005 02:03:21 AM · #5
Glad to hear she is alright.

The drunk's insurance should pay for a new car, providing he actually has insurance.
 08/02/2005 02:16:30 AM · #6
Sorry to hear that. Glad she is allright.
 08/02/2005 02:16:50 AM · #7
Originally posted by cbeller:
Glad to hear she is alright.

The drunk's insurance should pay for a new car, providing he actually has insurance.


Not in Michigan - we have what they call "No Fault" insurance - each driver is responsible for their own car even when not at fault. The police officer told her she could take him to small claims court and try to collect there - her car only had a blue book value of $525.
 08/02/2005 02:26:45 AM · #8
Originally posted by ShutterPug:
Not in Michigan - we have what they call "No Fault" insurance - each driver is responsible for their own car even when not at fault.


That sure sucked. Time to buy a bull dozer and use it on the streets of michigan
 08/02/2005 02:28:32 AM · #9
Originally posted by ShutterPug:
Originally posted by cbeller:
Glad to hear she is alright.

The drunk's insurance should pay for a new car, providing he actually has insurance.


Not in Michigan - we have what they call "No Fault" insurance - each driver is responsible for their own car even when not at fault. The police officer told her she could take him to small claims court and try to collect there - her car only had a blue book value of $525.


No Fault or not, the other driver's insurance company will pay the replacement value (not blue book) of her car. Talk to a lawyer.
 08/02/2005 03:56:10 AM · #10
Also, she should go for a medical x-ray and evaluation. A lot of such injuries don't fully manifest for a few days.

And those should also be billed to the drunk's insurance (supposing he had any).

Another harsh but worthwhile effort would be to file a "criminal" case against the man for attempted homicide.

Message edited by author 2005-08-02 03:57:30.
 08/02/2005 04:00:11 AM · #11
Originally posted by cbeller:
Glad to hear she is alright.

The drunk's insurance should pay for a new car, providing he actually has insurance.


Wow I believe in most States of Australia if you are over the legal limit for alcohol your insurance is void and you are charged with a criminal offence.
 08/02/2005 05:33:54 AM · #12
Originally posted by keegbow:

Wow I believe in most States of Australia if you are over the legal limit for alcohol your insurance is void and you are charged with a criminal offense.

that may be the case for the drunken driver
but if you are fully insured and can provide the details of the party at fault it is up to your insurance company to fix/replace your car and they would have too get what they can out of the drunken driver at no cost to you... thats why you have insurance
 08/02/2005 06:50:27 AM · #13
I still remember one of the hardest messages about driving drunk i've ever seen, a few years back. It was all over at an Austrlia F1 championship race:

"If you drink then drive, you're a bloody idiot"

and they were right!!!

Glad your daughter is OK.

Have him pay for the damages!

Message edited by author 2005-08-02 07:00:10.
 08/02/2005 07:00:41 AM · #14
First and most important, I'm glad your daughter is ok. Have her see a doctor and get checked out anyway.

As I understand it, limited-tort (no-fault) laws, the law only restricts your right to recover non-monetary damages (pain and suffering), not your right to recover out-of-pocket expenses such as the repair or replacement of your vehicle. The Personal Injury Insurance and Property Protection Insurance carried by the driver at fault in the accident is responsible to pay your actual medical expenses and for repair/replacement of the vehicle.

In certain cases, you still have the right to sue for non-monetary damages, even when you have selected limited-tort insurance. In particular, most if not all states treat you as if you have full-tort insurance (and therefore restore your full right to sue) if the person at fault in the accident "is convicted of driving under the influence of alcohol or a controlled substance in that accident."

I am not a lawyer, this is just the results of my brief research. Your daughter should speak to an attorney, especially before speaking to the insurance companies, if possible.

-Terry
 08/02/2005 07:31:31 AM · #15
What a relief that she is okay! So many, many times it doesn't turn out so well for the innocent driver hit by a drunk. I agree with everyone: she should definitely go see an attorney and get the other driver's insurance -- or him personally if he doesn't have any -- to pay to get her another car. And she should definitely go get checked out to make sure she is okay. Sometimes when you are hit like that, you go into shock and you think you are okay because you don't feel anything. But a few days later things start going wrong that are a result of the accident.

Mostly, I'm just glad she is okay. She must have had angels protecting her!

08/02/2005 10:09:43 AM · #16
that sucks really bad, glad she's okay. Luckily they put the drunk in jail. Too often the drunk person gets away scott free, or goes to jail and then gets away scott free, hopefully this guy will stay in jail awhile and get lots of fines.
 08/02/2005 10:17:44 AM · #17
I'm very glad that your daughter is okay. That is really the most important thing - everything else can be replaced. I hope that you are able to at least recover the value of the car from the drunk driver or his insurance company.

I know that when my parents were hit head-on by a drunk driver, he didn't have any insurance (or estate to sue, as he was killed). Good luck.
 08/02/2005 10:29:46 AM · #18
Linda, I'm happy your daughter is ok. Driving is risky business enough without having to deal with people "under the influence".

With that said, I'll describe a situation ...from the other side. Two and a half years ago, my son was involved in an accident where he was at fault, ..and drunk. His car was totalled and he injured (not seriously) the driver of the other vehicle. My son spent only one night in jail, lost his license, and paid dearly in fines and damages to the other driver.

My wife and I, while we certainly love our son, were devastated by his stupidity. We hope and believe that he's learned a hard lesson. The person he injured could have been killed.

My point of this post is that people who drink and drive need to realize that EVERYONE loses here: those who are directly injured (or killed), the family of the injured, the family of the drunk, and the drunk.

08/02/2005 11:05:48 AM · #19
According to the police officer, my daughter can sue him for damages. Whether or not he has money to pay is another story. I did tell my daughter to talk with an attorney - but to first go see a doctor and get checked out. Kristen is 500 kmiles away from me, so I can't force her to listen to me. I only hope she has the sense to do so. She can be very hard headed and insists she is fine. At least she got checked over by the ambulance crew at the scene.
I'm off to talk with the insurance agaency - cancel the policy on her car (we have her on our policy still) and ask them if the other guys insurance should have to replace her vehicle. I hope she can get something as she can't afford all this. The kid just spent over $300 on the car about 6 weeks ago replacing the entire brake system. Money she sure could use now.

- Linda
08/02/2005 11:14:05 AM · #20
Originally posted by theSaj:
Also, she should go for a medical x-ray and evaluation. A lot of such injuries don't fully manifest for a few days.


Very good point. often times you'll see new complications from whiplash injuries for a year or more, and they're not just limited to the neck. When your body is concussed violently like that it stretches (and damages) nerves in ways they've never experienced. sudden onset headaches, tremors, neck/back pain, even extremity pain (knees, wrists, etc) can arise as a result. Back in another life I worked in a Motor Vehicle Accident Rehab program, and most docs/lawyers won't even consider settling before a year has passed.

and the complications are often worse than the acute symptoms. Not to sound overly dramatic about it, but counsel your girl well Linda...if not cared for properly this could affect her for the rest of her days.

P
 08/02/2005 11:18:23 AM · #21
Talk to the insurance company. I live in Michigan and the way you describe No-Fault doesn't sound like the way I understand it.

Police Officers aren't the best authorities on matters of auto insurance aside from making sure you have the little card that says you have coverage.

The sad part is that the guy will probably only get a slap on the wrist. The penalties for drunk driving are way too lenient.
08/02/2005 01:35:12 PM · #22
Just got back from the insurance aganecy. Under Michigan law, she can only collect up to $500 max against his insurance company. Not all bad since her car was only worth $525 blue book. We have State Farm, and they said unlike many of the other insurance companies, they will take care of getting her the money from the other guys insurance (providing he had insurance and it was paid up)so she will not need to go through a lwayer. If he had no insurance, she can take him to small claims court and try to get the $500 there, but that is all she can collect.
The insurance company needs the police report before she can try to get the $500 - that may be a few days as they won't release it until the drunk has been arraigned on the drunk driving charge.

I called and told my daughter one more time to go get a medical check up. I work in the hospital as a CT tech, so I am completely aware of hidden injuries and told her to listen to me for a change. She said she would - we'll see.

Thanks for caring everyone!

- Linda
 08/02/2005 01:42:20 PM · #23
I know the money is an issue Linda, but at least the precious cargo is OK.
Just happy to hear that it wasn't worse than it could have been.
 08/02/2005 01:50:02 PM · #24
Originally posted by ShutterPug:
Just got back from the insurance aganecy. Under Michigan law, she can only collect up to $500 max against his insurance company. Not all bad since her car was only worth $525 blue book. We have State Farm, and they said unlike many of the other insurance companies, they will take care of getting her the money from the other guys insurance (providing he had insurance and it was paid up)so she will not need to go through a lwayer. If he had no insurance, she can take him to small claims court and try to get the $500 there, but that is all she can collect.
The insurance company needs the police report before she can try to get the $500 - that may be a few days as they won't release it until the drunk has been arraigned on the drunk driving charge.

I called and told my daughter one more time to go get a medical check up. I work in the hospital as a CT tech, so I am completely aware of hidden injuries and told her to listen to me for a change. She said she would - we'll see.

Thanks for caring everyone!

- Linda


I just found out yesterday when checking on insurance for our new (used) vehicle that Kentucky (also a no fault state) insurance companies have a Tort deduction you can add to your insurance that allows them to sue the other company to reclaim the money your should have gotten. Looks like State farm is doing you all good. Glad she is ok, my ex-wife lost her dad to a drunk and he was out in less than 4 years. Kill any other way and I bet you get more than that BS sentence.
 08/02/2005 01:50:53 PM · #25
*Phew* Glad to hear she's okay. Dunno about where you are, but here a law suit would bring in what your daughter deserves. Not some duke-it-out-drag-it-out sorta thing...I would say probably a quarter of everyone I know here has been through something similar. Ex. my old roomie was in two car accidents, both not her fault, and received $20k for each. Dunno if it still works that way or not.
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