Announcement

Collapse
No announcement yet.

Hit by a drunk driver at 10am in the morning!?!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Hit by a drunk driver at 10am in the morning!?!

    So I'm on location here is Arizona this morning lending my Hearse and Casket for a small film. The film is about Drug abuse and it's effects on sociity when out of nowhere this guy comes flying down the street and hits my coach in the rear quarter panel. Then drives off. It was only by luck that he had to return the way he left, that we were able to stop him.
    My friend from KAOS was with me as we watched the guy from the sidelines and didn't think he had hit the car. It didn't even budge. The film crew said it had moved over 6" from the hit. The guy had stopped as there were several people in the street helping out the shoot. He didn't know where he was and decided to just run the road block. Thank god he didn't kill anyone.
    After the police arrived and tested him, he blew a 3.9! Legal limit here is .08. Three times the limit at 10 am in the morning. I'll post a picutre as soon as I can. My concern is the insurance is going to A. total my car. B. Claim it was parked illegally (it was on an active film set. C. Say the driver was not cover as he claimed it was his friends car.
    This sucks. What should I do now? I don't want to lose my baby. I'm thinking the film people should have insurance for this kinda thing to. Should I go after both parties?
    As for the damage, the whole rear panel from the tire back to the bumper is caved in. creases and torn metal. No offence to Zack, but I don;t want to go that route with her.


    Last edited by Custom Coffin Works; 07-12-2009, 10:07 PM. Reason: Pictures Added!

  • #2
    Man that really sucks! I'd think the production company would have some sort of insurance for this type of thing especially since they were using your coach in the production.

    You didn't have to sign any release of liability or anything did you?

    Have you asked them about insurance?
    Last edited by EvilManor; 07-12-2009, 11:48 PM. Reason: typo

    Comment


    • #3
      Nope, no release. I have e-mailed them for a copy of the permit and insurance company. I'm just wondering if because it is a "student film project" they might not have gotten that little important fact.

      Comment


      • #4
        If you exhaust all your legal options & can't get any $$$ settlement, graft on a quarter panel skin. Man that really sucks! Even if the drunk claims it's not his car you can get a deficiency judgement against him & the court will sieze whatever $$$ he may have or garnish his wages partially to you towards a court-agreed amount. Retain a lawyer man... they'll do the legwork for ya & it's assurance you don't get screwed... you can bet the drunk WILL have one. As for the coach, like I said just bite the bullet if you have to & DON'T turn it in to your insurance as a claim... why pay higher rates for something that isn't your fault? You're in the perfect region to find a rust-free Cadillac Coupe or Sedan DeVille quarter panel... find someone to cut yours out & graft in a junkyard panel & paint it from the crest of the fin down... from the edge of the side door to the bumper. I know it looks bad to you but it's not a real big deal... the vynl top belt line doesn't even look buckled at all, the quarter panel took the brunt of it. Your lawyer will also tell you in your initial consultation if the "movie production company" has any liability in this mess. Again man it sucks your coach is messed up now, I feel bad for ya so keep us posted on your drama...

        Comment


        • #5
          Keep me up to date on what happens with the insurance companies tomorrow.

          Comment


          • #6
            Is this going to delay my claim? Throw in hit and run to the mix and this guy is playing ass packer for at least 45 days now!

            "First Offense "Super Extreme" DUI (BAC .200 or higher)

            Jail:
            Range of 45 to 180 days in jail. Minimum of 45 consecutive days in jail (this is not a typo!). The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
            Fines & Costs:
            Aproximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
            License:
            The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
            Counseling:
            If convicted you must get a substance abuse evaluation and comply with any recommendation.
            Probation:
            You may be placed on probation for up to five years.
            Community Service:
            The court may impose community service.
            MADD Victims' Impact Panel:
            The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
            Ignition Interlock Device:
            Required for 18 months after license reinstatement."

            Comment


            • #7
              Don't allow them to total it if they will even deal with it, just try and get some cash to fix it yourself.

              Comment


              • #8
                I've been through this, never with a hearse, but this is how it works with any other car. They will total it, but you insist on purchasing it back for salvage value, which is your right in most states. After that, you go down to MVD and you get a "salvage title", which lowers the value of the car forever, and cannot be removed, but at least it lets you register and drive the car. You have to decide whether to take the salvage title, to let them keep the car, or to get nothing and have to eat the cost and repair it yourself. Insurance companies count on many people to do the latter, so that they don't have to pay out. Unfortunately, that is the way that most human beings are.

                When the car turned in front of my old clunker truck, they offered $6500, which must have been high retail, and even had a towing company call me to tow it away, when all that was wrong with it was a bent bumper bracket, a fender, and a light bulb. I took off the salvage value of $800, and they sent me a check for $5700, and a salvage title. I replaced a light bulb, had it inspected, and kept driving it without repairing it. I didn't like their insurance adjuster's attitude, though. He acted like an asshole when I told them that I wanted it repaired, not totalled, so I called a lawyer. If the company had just repaired the truck, they could have saved the $34,500 that the lawyer made them settle for. I held out for two years, but I sweated it out of them. Too bad you weren't in the car.

                -denise ( Species Blessé )

                Comment


                • #9
                  BTW, you may want to discreetly follow this smegma head around (don't get caught). Make sure that he doesn't use a different car, defeat his interlock, or use his car for anything else besides driving to work (I can almost guarantee you that he will go to a bar again. They never learn, until they kill somebody).

                  AZ takes DUI more seriously than any other state I've lived in. You might be able to speak at his parole hearing and tell the parole board about the emotional damage that your car wreck has done to you. Whether or not they will be sentimental depends on their personal feelings...if the board is mostly Mexican, don't do this, but if they seem to be not superstitious, take pictures in and show them what a beautiful car was wrecked, and how much it meant to you.

                  Also, file a personal lawsuit against him, a contingency case with a lawyer, in addition to the one against his insurance company, even if he doesn't have insurance. You will then have a judgment against him that will stay on his credit report for many years, and your lawyer will take everything he can get his hands on for you. A lawyer should know to do this for you. Unfortunately, mine wasn't able to, but with good reason. I waived my rights to sue him in return for a larger settlement, so that the insurance company could go after him personally for the judgment. It was a rental car, and he didn't buy the damage waiver. Bad idea.

                  -denise

                  Comment


                  • #10
                    If it was a student film and the road was legally blocked off with proper permits then I wouldn't go after them, it's not their fault.

                    Really that doesn't look too bad, you might even be able to pop it out and have it still look passable until you can get a new one. Doesn't even look like he really scratched the paint from the photo lol.

                    I wonder what his car looked like after. It's true what they say "they don't make'em like the used to"

                    Comment


                    • #11
                      My old Chevy van was hit in an accident and they tried to total it. The money they wanted to give me was not enough to replace the van with one in equal condition. I made them give me half the amount of money and I kept the van with NO salvage title, I kept it as is and repaired it myself.

                      Comment


                      • #12
                        Well the driver was not the owner of the suv that hit me. They need to contact the owner first to see if he gave permission to drive the car. Then they need to contact the drunk to see if he accepts responsibility for the accident.; I told them that the driver will be in jail for at least 45 days! No I need to get a copy of the accident report for them. 4-6 weeks wait.
                        Grrr.....Any one in Phoenix know a good Lawyer?

                        Comment


                        • #13
                          Originally posted by Custom Coffin Works View Post
                          Well the driver was not the owner of the suv that hit me. They need to contact the owner first to see if he gave permission to drive the car. Then they need to contact the drunk to see if he accepts responsibility for the accident.; I told them that the driver will be in jail for at least 45 days! No I need to get a copy of the accident report for them. 4-6 weeks wait.
                          Grrr.....Any one in Phoenix know a good Lawyer?

                          I hate to say it but neither of those statements sound encouraging.

                          Comment


                          • #14
                            Honestly I don't see what the big deal is. That should be on the other car owner's end if he gave permission for the drunk to drive it or not on HIS INSURANCE. Either way that drunk is fucked.

                            Of course nothing works as it should.

                            Comment


                            • #15
                              Originally posted by Scary Guy View Post
                              Either way that drunk is fucked.
                              Even as you read this he is...

                              Comment

                              Working...
                              X