got hit head on by texter

Discussion in 'Generation 4 - General Discusson' started by scrantch, May 14, 2019.

  1. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    Hey all, no injuries but I'm sort of screwed. Paid about 37.5++ in December for an 2018 pp and blue blue book is now around 27k. If they total it, I'm out the 10k, if they fix it I'd be out even more because of diminished value after repair. Lot of money for 5 months with 2000miles.
    Right front gone and tore the wheel off taking the a arms and axle with it. Right fender buckled door and hood and the moon roof popped out. Who knows what else. First time I've been in a car when the bags blew. The whole dash must have to be replaced too. Insurance sucks, i wanted a replacement car, but no way. Even called a lawyer about distracted driving laws but i don't even think he got a ticket.
    Just sucks
     
  2. SHOdded

    SHOdded SHO Member Supporting Member

    Joined:
    Dec 25, 2011
    Messages:
    7,976
    Likes Received:
    3,486
    Location:
    Maryland
    :eek: :( Sorry to hear, glad you are a-ok!

    This is where normally your insurance company comes in and gets you the diminished value for your SHO. I don't get how the other party did not even get a ticket! I would take it straight to PD (with a lawyer) and see why the report was written the way it was. Has to be some recourse, just need to find a good lawyer.
     
    OmaHahn likes this.
  3. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    They said he was distracted by the passenger. The vehicle was owned by a autistic rehab place, but i watched him hit me with his head down and the passenger was doing nothing as far as i could tell. I hope it is totaled, who would buy it especially if it crabs down the road like a Cessna landing in a crosswind
     
    Night Runner and SHOdded like this.
  4. bpd1151

    bpd1151 Lurking Around

    Joined:
    Feb 21, 2010
    Messages:
    1,824
    Likes Received:
    3,389
    Gender:
    Male
    Occupation:
    LEO 23+yrs
    Location:
    SHOcago 'Burbs
    Unfortunately if there was no independent, 3rd party, uninvolved witness to the alleged actions (of the "texter") and/or no video to corroborate the claims of the offending party either, then the OP's $h!t out of luck.

    He said, she said scenario.

    Some State's allow law enforcement to confiscate mobile devices, while others do not.

    A smart officer would ask the offending party who their mobile carrier/service provider is, as most carriers will provide detailed info on the device's use at the time immediately before a collision to help law enforcement agencies in their investigation.

    A more common tactic in more severe crashes though (severe injury/death) and not so much in mere property loss collisions.

    Good luck to the OP.

    Sent from my SM-N950U using Tapatalk
     
    Last edited: May 14, 2019
    Lostneye and SHOdded like this.
  5. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    Even if he was arrested for texting, that wouldn't change the huge depreciation of a 5 month old 2000 mile car, would it?
     
    SHOdded likes this.
  6. luigisho

    luigisho SHO Member

    Joined:
    Nov 2, 2001
    Messages:
    8,557
    Likes Received:
    1,608
    Location:
    va beach,va
    Home Page:
    No. I think your back hurts to the tune of about 10k. I'm not big on that stuff but that gap is too much to eat

    You sure the depreciation value is that bad?
     
    OmaHahn and SHOdded like this.
  7. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    No i only looked on line at highest KBB value. Privately sold excellent condition. Do the cars keep the time of the crash? I can call the trooper and ask if he got the phone or not. I bet he let him slide cuz he was from the nervous hospital
     
  8. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    Everyone asked if we were alright at the scene. I may be a good bullshitter but not a liar.
     
    SHOCH likes this.
  9. Angrymongoose

    Angrymongoose Member

    Joined:
    Mar 11, 2019
    Messages:
    77
    Likes Received:
    71
    Gender:
    Male
    Location:
    Omaha
    Bring a lawsuit. Distracted by a passenger is still distracted and means they were negligent in their duties as a driver. Their negligence caused undue financial hardship and emotional trauma. I'm going to guess there is missed work time involved as well. I'm not saying sue for some unreasonable amount, but at least what it would take to replace the vehicle.
     
    SHOCH, luigisho and SHOdded like this.
  10. bpd1151

    bpd1151 Lurking Around

    Joined:
    Feb 21, 2010
    Messages:
    1,824
    Likes Received:
    3,389
    Gender:
    Male
    Occupation:
    LEO 23+yrs
    Location:
    SHOcago 'Burbs
    There is an event recorder. Yes. Akin to a 'black box' as heard when media outlets report on plane crashes if you will.

    And.........


    Having the actual device is not necessary. Nor would it provide an accurate account of the activities at, or immediately before, the collision.

    However, knowing the carrier provider, and the assigned phone number, can yield an LEO a "glimpse" into potential activity if so requested by the investigation agency.

    Again, not too common of a tactic that's used in simple property damage only type of collisions.

    Sent from my SM-N950U using Tapatalk
     
    SHOdded likes this.
  11. SM105K

    SM105K Land Yacht Pilot Supporting Member

    Joined:
    May 3, 2018
    Messages:
    1,905
    Likes Received:
    1,824
    Gender:
    Male
    Occupation:
    Paper Slayer
    Location:
    Arizona
    Did you get into an ambulance?
     
    OmaHahn likes this.
  12. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    No SM, the cops left the two wreckers left, and me and the wife were standing there with our luggage on the side of the road waiting for a ride. No meat wagons showed up.
     
  13. SM105K

    SM105K Land Yacht Pilot Supporting Member

    Joined:
    May 3, 2018
    Messages:
    1,905
    Likes Received:
    1,824
    Gender:
    Male
    Occupation:
    Paper Slayer
    Location:
    Arizona

    Let this be a lesson regardless of how bad ANY accident is. YOU ALWAYS GET INTO AN AMBULANCE REGARDLESS. Whiplash symptoms do not reveal themselves until after 24 to 48 hours after a wreck. Tomorrow if you wake up and you are in pain, it will be real hard to prove that the accident caused it in the court of law. If you went to the hospital and were checked out, it will be easier for your lawyer to prove and bring a case against the at fault party.
     
    OmaHahn, bpd1151 and SHOdded like this.
  14. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    I guess i should have requested an ambulance. We were pretty shook up and didn't think of anything.We couldn't even think of who to call for a ride. I don't have a phone so i had to figure out how to use the wife's.
     
  15. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    I also am undergoing brachial plexus tear rehab that happened march 6th
     
  16. SM105K

    SM105K Land Yacht Pilot Supporting Member

    Joined:
    May 3, 2018
    Messages:
    1,905
    Likes Received:
    1,824
    Gender:
    Male
    Occupation:
    Paper Slayer
    Location:
    Arizona
    I get the whole thing of being in shock. I would have been LIVID. It is good to hear that you are okay, however if their are any legitimate injuries stemming from the crash, just know it is going to be uphill battle legally. Insurance companies are banking on that you do not know this information.

    My wife was hit and literally was sent rolling through a bus stop. Thank God there wasn't anyone at the bus stop at the time. We had good insurance, however the person that hit her only had state minimum of 15K. The 15K went to her immediate medical bills and part of her car. We had to sue our own insurance company for our own under insured policy (which is why we had it) and that took over two years for them to pay out. I learned all of this while working with our lawyer, who ended up taking 33% of everything we were awarded.

    Long story short...always get into an ambulance and always carry the maximum insurance you can afford. After that wreck I maxed out our insurance and added a million dollar umbrella. I pay almost $500 a month for 3 vehicles and my umbrella. It is worth every penny for my peace of mind.
     
    Last edited: May 14, 2019
    SHOdded likes this.
  17. Aaron Marty

    Aaron Marty Trying....

    Joined:
    Apr 17, 2017
    Messages:
    53
    Likes Received:
    25
    Gender:
    Male
    Occupation:
    Hit Man
    Location:
    Baltimore MD,
    Always get gap insurance my dood.
     
    twobitcoder likes this.
  18. scrantch

    scrantch New Member

    Joined:
    Dec 15, 2018
    Messages:
    24
    Likes Received:
    6
    Gender:
    Male
    Location:
    Mass
    I thought gap was only for the gap between cash value and what you owe on the car. I owe nothing except a bullet for the driver.
     
  19. Aaron Marty

    Aaron Marty Trying....

    Joined:
    Apr 17, 2017
    Messages:
    53
    Likes Received:
    25
    Gender:
    Male
    Occupation:
    Hit Man
    Location:
    Baltimore MD,
    Ah yea if you had a loan it would of payed it off but if you done payed it off it does nothing
     
  20. Jeff2017

    Jeff2017 SHO Member

    Joined:
    Jan 29, 2017
    Messages:
    692
    Likes Received:
    446
    Gender:
    Male
    Some insurance will pay for full original replacement cost if the car is 1 year old or newer. In fact, my insurance might have that clause.
     
    SHOdded and Aaron Marty like this.

Share This Page

If you wish to help keep SHOforum running, please click the donation button below