Car totalled...help!!

[Archea]

Ok. so sunday night, my boyfriend was driving my car with my permission.
He had several drinks and decided that it would be best if his friend (who had 2 beers over a period of 5 hours) would drive.

Said "friend" took a corner in a residential area at a totally unreasonable speed and hit a car that had just pulled up to a house. (he took the corner at 120 and hit the parked car at about 80) My bf and the other occupant of my car were yelling at him to slow down, and he didnt.

So suffice to say. The car is totalled...and so it the other vehicle.

There were two occupants in the other vehicle.

Now my problem, is it goes under my insurance because it was my policy and the car is mine.

I had no idea that the vehicle was not being driven by my bf (the registered secondary driver) The driver at the time has parked insurance on his vehicle and a valid drivers licence. (although obviously he isnt too smart) The police gave the driver a 24 hour suspension and a 400$ reckless driving ticket.

I had full coverage on my car as it is an 03 being financed with about 20k still owing on it.

Has anyone been in this situation before who can shed some light on what needs to be done? My insurance company is putting 100% fault on me for "allowing" this jackass to drive. Is there a clause anywhere saying its 50/50?

[01RedDX]

.

[Archea]

Ok. So it isnt totally hopeless. That makes my day a little better.

I will post up pictures tonight of my car....It makes me cry.

[JRSC00LUDE]

I'd assume, given the details you've presented, that it's time to "lawyer up" against your insurance company and ye old douchebag driver. Also, kick your boyfriend firmly (but lovingly) in the balls and tell him if he ever fucks you over like that again that you'll be cutting them off and keeping them in a jar of formaldehyde on your desk at work.

[benyl]

your "friend" should do the right thing and have "his" insurance cover it.

[Hash_man]

Ya I would definately contact a lawyer, the driver of the car should be covering it.

[Masked Bandit]

To the OP....

Sorry, but your phucked.


Your policy (and only your policy) will respond. Technically, the person driving was authorized (by a listed driver on the policy) so in the end it's the same as if you were driving yourself. The claim will be paid by your policy. His insurance can not come into play.

There is a way (down the road) to get this claim off your record but it's somewhat complicated. It's basically yours.

Don't bother with a "lawyer". There isn't anything they can do in this situation. He was legally allowed to be driving the car and that's all there is to it.

Sorry.

[Jlude]

Originally posted by JRSC00LUDE
I'd assume, given the details you've presented, that it's time to "lawyer up" against your insurance company and ye old douchebag driver. Also, kick your boyfriend firmly (but lovingly) in the balls and tell him if he ever fucks you over like that again that you'll be cutting them off and keeping them in a jar of formaldehyde on your desk at work.



Originally posted by Hash_man
Ya I would definately contact a lawyer, the driver of the car should be covering it.


Def. get yourself a lawyer... even if "friend" does the right thing, you need to cover yourself.

[ralliart_girl]

OK...so all I can really tell you is that you are pretty much screwed with being at fault for the mva. Doesn't matter that you didn't give direct ok to this person to drive, because you bf had consent from you to be in possession of this veh, and he gave consent to his friend to drive.

If your insurance company isn't covering the damages, then your next step may to be through the courts, and to go after the driver directly. Besides that, the insurance company's obligation is just to cover th other veh, and then they will be done.

[403Gemini]

Originally posted by Archea
Ok. so sunday night, my boyfriend was driving my car with my permission.
He had several drinks and decided that it would be best if his friend (who had 2 beers over a period of 5 hours) would drive.

Said "friend" took a corner in a residential area at a totally unreasonable speed and hit a car that had just pulled up to a house. (he took the corner at 120 and hit the parked car at about 80) My bf and the other occupant of my car were yelling at him to slow down, and he didnt.

So suffice to say. The car is totalled...and so it the other vehicle.

There were two occupants in the other vehicle.

Now my problem, is it goes under my insurance because it was my policy and the car is mine.

I had no idea that the vehicle was not being driven by my bf (the registered secondary driver) The driver at the time has parked insurance on his vehicle and a valid drivers licence. (although obviously he isnt too smart) The police gave the driver a 24 hour suspension and a 400$ reckless driving ticket.

I had full coverage on my car as it is an 03 being financed with about 20k still owing on it.

Has anyone been in this situation before who can shed some light on what needs to be done? My insurance company is putting 100% fault on me for "allowing" this jackass to drive. Is there a clause anywhere saying its 50/50?

Your boyfriend has permission to drive so he handed the keys over to his buddy - implied consent

You are 100% at fault as it was the responsibility of people in possesion of your vehicle to drive responsibly.

There is no "clause" foe 50/50, and you're pretty cold hearted to pawn off 50% of the blame to innocent people because your boyfriend cant control his drinking habbits.

[Archea]

the police didnt even take his policy at the scene...

and as for the boyfriend comment.....he owes me...friggen huge.

as for people saying "lawyer up" does anyone know of a good lawyer for cases such as these? I am a pt student...so income is a bit of an issue. And I make too much to qualify for legal aid??


Also does anyone know what would happen to the financing in this case? ie is the full amount owing on the loan paid in full by the insurance company? Or only the value of the vehicle...

[icecreamvan]

Your bf should be held responsible because he gave his friend permission to drive without asking you first. Sorry to hear that he's a douche. Want to talk about it over coffee?:rofl:

[403Gemini]

Originally posted by Archea
the police didnt even take his policy at the scene...

and as for the boyfriend comment.....he owes me...friggen huge.

as for people saying "lawyer up" does anyone know of a good lawyer for cases such as these? I am a pt student...so income is a bit of an issue. And I make too much to qualify for legal aid??


Also does anyone know what would happen to the financing in this case? ie is the full amount owing on the loan paid in full by the insurance company? Or only the value of the vehicle...

What the appraiser will do is assess your vehicle and determine an ACV (Actual cash value) of what your year/make/model/condition/mileage of the vehicle would cost in the market today and since you have a lien on the vehicle the insurance company would issue you out a co-payable cheque to both yourself and the company you're financing this through.



Originally posted by icecreamvan
Your bf should be held responsible because he gave his friend permission to drive without asking you first. Sorry to hear that he's a douche. Want to talk about it over coffee?:rofl:

... well played :thumbsup:

[98type_r]

if you're a student at UofC i thought i remember from back in my day that they have some legal aid from the law faculty for students.

[PSIx20]

Hey Archea.. just go on msn with a lawyer on beyond and im sure after "talking" to them, they will represent you at no cost... :D insider

[Antonito]

Originally posted by 403Gemini

There is no "clause" foe 50/50, and you're pretty cold hearted to pawn off 50% of the blame to innocent people because your boyfriend cant control his drinking habbits.

Wait, some assmonkey was driving like a cock and caused an accident, but he's an innocent party?

[Jlude]

Originally posted by PSIx20
Hey Archea.. just go on msn with a lawyer on beyond and im sure after "talking" to them, they will represent you at no cost... :D insider

J... I have no idea what you're talking about... fill me in

[clem24]

So what has the "jackass/dumbass/friend" offered to do? Pay out of pocket for your losses? Nothing?

[403Gemini]

Originally posted by Antonito


Wait, some assmonkey was driving like a cock and caused an accident, but he's an innocent party?

No, 50/50 would be from her vehicle and the third party (the one that her boyfriends friend hit)

[benyl]

Originally posted by Archea

Also does anyone know what would happen to the financing in this case? ie is the full amount owing on the loan paid in full by the insurance company? Or only the value of the vehicle...


Do you have gap insurance on your policy? If not, then you might have to pay out the loan with your own money if the vehicle is worth less than you owe.

The insurance adjuster will give you a price. It is negotiable. Look in the autotrader and other classified publication to determine how much your car is worth. Base it on the asking price that other people are asking and the relative condition that you car was in before the "mishap."

The insurance company will likely lowball you.

[Antonito]

Originally posted by 403Gemini


No, 50/50 would be from her vehicle and the third party (the one that her boyfriends friend hit)

oh, I thought it meant between her and the driver

[Archea]

The dumb friend offered to do nothing. He said "we will figure it out" But seeming as he wasnt even appologetic about the accident...I see it ending badly.

And i ment 50/50 dumbass driver/registered owner....

I am happy my bf decided to not drive intoxicated......but at the same time...friggen hell :thumbsdow

[403Gemini]

Originally posted by Archea

And i ment 50/50 dumbass driver/registered owner....

Ah, no insurance doesn't look at it like that (unfortunatly) - Masked Bandit basically said it how it is, sadly you're on the hook.




I am happy my bf decided to not drive intoxicated......but at the same time...friggen hell :thumbsdow

Id do what somebody said above, kick your boyfriend in the nuts ;) It's great of him for not drinking and driving... but if he had the intent on drinking, why would he drive in the first place?

[icecreamvan]

:werd:

The OP must be having a tough time both filling the loss of a car, and a friend. I'd be more than willing to help with filling that 'gap' in your life. :thumbsup:

[anarchy]

Originally posted by Antonito


oh, I thought it meant between her and the driver
I think there's some miscommunication here.

I'm pretty sure OP was wondering if there a "50/50 clause" where she shares blame with driver (bf's friend), not the innocent party that was hit.

Gemini misunderstood and thought she meant to share blame with the guy that got hit, but obviously they did nothing wrong.


A pretty shitty deal, I would hope this "friend" offers to pay for it or something.

[rage2]

OK, 90% of the people in this thread have no clue WTF they're talking about. What is a lawyer going to do? I'm really curious.

Masked Bandit is the only one that knows whats going on... well I guess he should since he works in the industry lol. YOUR insurance policy on YOUR car covers YOUR car and anyone that has permission to drive it. If the owner of the vehicle that's hit decides to sue you the bf for injuries, YOUR insurance policy covers that.

The only alternative is to have the driver pay for the whole thing out of pocket. His insurance, regardless what he has, won't cover it. That's not gonna happen, since he has to pay for replacement/repair on 2 full vehicles. He can ask his insurance, with which they'll reply with either a fuck off, or laughter.

Your insurnace will obviously go up because of this. I had the exact same thing (minus the drinking part) happen to me a few months ago when my bro jacked my benz and crashed it.

[Archea]

I would kick the bf in the nuts but he is already paying for it physically. Air bag plus no seatbelt....

Dumbass..

Thanks for all the advice...I guess what I will do is see if I can come up with a side deal with the driver, keep my fingers crossed my insurance doesnt sky rocket....and hope the vehicle gets paid out as close to the owed amount as possible.

Oh and fucking PRAY that the occupants in the other vehicle dont sue.

[ralliart_girl]

First of all, if the guy has been charged with something that is alcohol related....you might not get anything....but your lien holder might...based on the "MARKET VALUE" of your vehicle, not the price that you owe, or want.

So it is not the intent of your adjuster to "low ball" you, the appraiser actually does reserch on your veh to see what it is worth, before the adjuster has a vaule to offer you.

pls also note, that just becasue a veh is listed certain price, doesn't mean it will sell at that price, so when looking on the market to see want you think your vehicle is worth...take into account that selling price is always lower then the listed price.

[403Gemini]

Originally posted by anarchy


Gemini misunderstood and thought she meant to share blame with the guy that got hit, but obviously they did nothing wrong.



Yup, misunderstood, it's clarified now :thumbsup:


Originally posted by rage2

Masked Bandit is the only one that knows whats going on... well I guess he should since he works in the industry lol. YOUR insurance policy on YOUR car covers YOUR car and anyone that has permission to drive it. If the owner of the vehicle that's hit decides to sue you the bf for injuries, YOUR insurance policy covers that.


... hey now i resent that , you douche ;) I work in the business too lol

[5hift]

shoulda reported the car stolen, boyfriend doesnt seem like he's worth taking a 20K plus hit

[rage2]

Originally posted by Archea
Thanks for all the advice...I guess what I will do is see if I can come up with a side deal with the driver, keep my fingers crossed my insurance doesnt sky rocket....and hope the vehicle gets paid out as close to the owed amount as possible.
Your insurance will go up if you make the claim. It's almost guaranteed (unless you've had a spotless record for like 20 years with the same company and they give you a freebie).

If you want to be a bitch (hey, I would in your case), you never gave permission to your bf's buddy to drive the car, file a stolen vehicle report, and it'll be a stolen vehicle claim. I *think* that doesn't affect your insurance, but I could be wrong. Masked Bandit can chime in here on the details of that.

Of course, buddy will have a nice record lol. But being such a fuckign douchebag, he deserves it.

[ralliart_girl]

you do know that insurance cmpanies actually have people with brains that work behind the desk...soooo trying to lie your way out of it...isn't really a smart choice.

[403Gemini]

Originally posted by Archea


Oh and fucking PRAY that the occupants in the other vehicle dont sue.

They shouldn't sue, both their insurance and your insurance offers coverage for them (Section B and Bodily Injury)


Originally posted by ralliart_girl
First of all, if the guy has been charged with something that is alcohol related....you might not get anything....but your lien holder might...based on the "MARKET VALUE" of your vehicle, not the price that you owe, or want.



Alcohol related is a red flag, but unless the driver was convicted, charged, and sentenced as drunk driving - chances are the adjuster wouldnt be able to deny the claim.

[ralliart_girl]

I have denied claims, without someone being convicted or charged...it does make more work and alot...but it is possible.

[BerserkerCatSplat]

So if I went to a party and convinced some random drunk guy to let me borrow his car, I could go cause lots of vehicle damage with no repercussions?

Fucking awesome. I could turn this into a sport.

[rage2]

Originally posted by ralliart_girl
you do know that insurance cmpanies actually have people with brains that work behind the desk...soooo trying to lie your way out of it...isn't really a smart choice.
She never gave permission to the person that was actually driving. So it's not lying.

When my bro took my car and crashed it, the cops took my statement since I was the car owner. They asked if he had permission to drive the car, I said no. They said I could file charges and the case would be dealt with as a stolen vehicle case, which would be easier on insurance.

[ralliart_girl]

but the insurance companies don't look at mvas the same way police do. just becuase the police said that it will be handled that way, doesn't mean it will.

[403Gemini]

Originally posted by ralliart_girl
I have denied claims, without someone being convicted or charged...it does make more work and alot...but it is possible.

Not necessarily impossible, but damn near close enough! ;)

[5hift]

^^

if thats the case, then the OP should just give the guy who crashed the option of a side deal to cover costs, or getting charges filed.

Does the fact that everyone else in the car could state the driver was driving dangerously and not listening to those responsible for the car telling him to slow down, would that have any bearing?

[403Gemini]

Originally posted by rage2

She never gave permission to the person that was actually driving. So it's not lying.

When my bro took my car and crashed it, the cops took my statement since I was the car owner. They asked if he had permission to drive the car, I said no. They said I could file charges and the case would be dealt with as a stolen vehicle case, which would be easier on insurance.
True, but she did give consent to her boyfriend, who is acting on behalf of her at that poitn who did infact give consent to his friend (ill try and find it in the SPF 1 automobile policy)

[ralliart_girl]

depends if there is witness..and police rpts, and other info to back you up...it does take a lot of investigation.

[avishal26]

Originally posted by rage2

Your insurance will go up if you make the claim. It's almost guaranteed (unless you've had a spotless record for like 20 years with the same company and they give you a freebie).

If you want to be a bitch (hey, I would in your case), you never gave permission to your bf's buddy to drive the car, file a stolen vehicle report, and it'll be a stolen vehicle claim. I *think* that doesn't affect your insurance, but I could be wrong. Masked Bandit can chime in here on the details of that.

Of course, buddy will have a nice record lol. But being such a fuckign douchebag, he deserves it.

I would definitely try to claim that I never gave anyone permission. Why the hell should you take responsibility for some jackass who doesn't know how to drive and messes around with someone else's car??

Just say you never gave consent to your bf or the guy drivin the car, but just don't file a stolen car case... isn't that a possibility as well?? (someone with knowledge on this stuff please respond)

I would like to know how this turns out ..

[403Gemini]

Originally posted by avishal26


I would definitely try to claim that I never gave anyone permission. Why the hell should you take responsibility for some jackass who doesn't know how to drive and messes around with someone else's car??

Just say you never gave consent to your bf or the guy drivin the car, but just don't file a stolen car case... isn't that a possibility as well?? (someone with knowledge on this stuff please respond)

I would like to know how this turns out ..

She would have to charge her boyfriend with theft of her vehicle if she wanted to do that..

[Donmega]

Originally posted by icecreamvan
:werd:

The OP must be having a tough time both filling the loss of a car, and a friend. I'd be more than willing to help with filling that 'gap' in your life. :thumbsup:


offer number 2 haha




The biggest douche baggery comes straight from your BF's drunk driving friend. WTF is he doing saying we'll figure something out?!? I'd deal with this idiot first so we can get some answers here!!




GL !

[JRSC00LUDE]

Originally posted by rage2
OK, 90% of the people in this thread have no clue WTF they're talking about. What is a lawyer going to do? I'm really curious.

I was making that suggestion more along the lines of seeing if you could recover damages from the driver since he didn't have her consent to be in control of the vehicle and he was at fault for the accident. There must be some avenue available to try and collect the financial penalties incurred to the innocent R.O. from the person responsible for causing them.

But yes, I generally have no clue WTF I am talking about when it comes to Alberta insurance. ;)

[benyl]

Originally posted by ralliart_girl

So it is not the intent of your adjuster to "low ball" you, the appraiser actually does reserch on your veh to see what it is worth, before the adjuster has a vaule to offer you.

pls also note, that just becasue a veh is listed certain price, doesn't mean it will sell at that price, so when looking on the market to see want you think your vehicle is worth...take into account that selling price is always lower then the listed price.

I am simply speaking from experience.

5 year old honda civic that got totaled. They initially offered $10,000. We looked in the trader and they were selling for $12K for high mileage and $15K for low mileage.

We got $14,500 for it. Not bad for a 5 year old car that was $18K new.

So do yourself a favor and check to make sure you are getting fair market value for your writeoff.

[403Gemini]

Originally posted by benyl


I am simply speaking from experience.

5 year old honda civic that got totaled. They initially offered $10,000. We looked in the trader and they were selling for $12K for high mileage and $15K for low mileage.

We got $14,500 for it. Not bad for a 5 year old car that was $18K new.

So do yourself a favor and check to make sure you are getting fair market value for your writeoff.

You wouldnt believe how often appraisers hear "It has sentimental value" while i agree its always good to double check everything in life, if you are indeed contesting why you think your vehicle should be worth more, supply reasons. (Recent work done to the vehicle, new tires, etc - and provide receipts) - also cross reference canadatrader.com :thumbsup:

[JRSC00LUDE]

Originally posted by ralliart_girl
so when looking on the market to see want you think your vehicle is worth...take into account that selling price is always lower then the listed price.

No, it's not. I've sold cars for exactly what I've listed them for. That's about as accurate a comment as saying you are always right since, well, you aren't.

[Archea]

Also he is under my policy and the secondary driver of the vehicle..

At least the driver didnt lie in the police report. and also offered to do the breathizier test.

I know it was my fault for "allowing" the guy to drive, although I had no idea at the time that he was driving.

I consulted a lawyer today, and he told me that its 100% my fault as my bf's decision to give him the keys is directly mine as well, and my insurance company legally will cover everything...I am still going after the driver regardless. I am going to try and negotiate a deal with him, hoping he has some shred of decency.

So now it comes down to the fact I paid 21 for the car....Put a grand down and have owned the car for a month and a half. I hope I dont have to take money out of my pocket for the rest of the value of the car. (2003 honda civic si low km, mint condition, lightly modified isnt worth 19500$)

I have one fender bender (800$ damage) on my record....so I doubt this will be a "freebie"



Originally posted by 403Gemini


She would have to charge her boyfriend with theft of her vehicle if she wanted to do that.. :bullshit: :bullshit:

[rc2002]

Originally posted by BerserkerCatSplat
So if I went to a party and convinced some random drunk guy to let me borrow his car, I could go cause lots of vehicle damage with no repercussions?

Fucking awesome. I could turn this into a sport.

All agreements need to have "capacity to contract". If the guy was drunk he'd later be able to argue he wasn't in the proper state of mind to make an agreement.

[JRSC00LUDE]

Originally posted by richardchan2002


All agreements need to have "capacity to contract". If the guy was drunk he'd later be able to argue he wasn't in the proper state of mind to make an agreement.

Perhaps something the boyfriend could now do......

[rc2002]

Originally posted by Archea
So now it comes down to the fact I paid 21 for the car....Put a grand down and have owned the car for a month and a half. I hope I dont have to take money out of my pocket for the rest of the value of the car. (2003 honda civic si low km, mint condition, lightly modified isnt worth 19500$)


You paid $21k for a 5 year old civic? You can walk away with a brand new civic (albeit a base model for that much). It'll be up an uphill battle trying to come out even here.

[LadyLuck]

Originally posted by 403Gemini


Your boyfriend has permission to drive so he handed the keys over to his buddy - implied consent

You are 100% at fault as it was the responsibility of people in possesion of your vehicle to drive responsibly.

There is no "clause" foe 50/50, and you're pretty cold hearted to pawn off 50% of the blame to innocent people because your boyfriend cant control his drinking habbits.

Cold Hearted???
wow, and what the hell would you do in a situation like that...pretend like everythings ok, not lay any blame on the other person and pay for all the damages yourself????:bullshit:

If that was me Id sue him for everything he has,
get yourself a lawyer hunni, and if you go to SAIT I run a legal Guidance Program for students, so if you need free advice you let me know.

[Archea]

I am sure the insurance company will say that the vehicle is under my name/insurance ergo.....its me who has to deal with it.
Bottom line I guess is that my boyfriend should have just driven home after having 7 drinks....

Originally posted by JRSC00LUDE


Perhaps something the boyfriend could now do......

[Archea]

And luckally he knows he was in the wrong too and has volunteered to pay for any increases in insurance and liens on the car...but at the same time that still directly affects my household and I would much rather go after the driver.

[5hift]

^^

Or your boyfriend could have thought, hey I have my girls new car she just bought, maybe I can not drink for one night.

[JRSC00LUDE]

Originally posted by Archea
I am sure the insurance company will say that the vehicle is under my name/insurance ergo.....its me who has to deal with it.
Bottom line I guess is that my boyfriend should have just driven home after having 7 drinks....


Why couldn't he claim that he was too intoxicated to make an informed, rational decision? We've already established that his decisions are, by extension, as legally binding as your decisions in this regard. If his capacity was impaired beyond the ability to rationally make that choice would that not be an avenue to explore based on Richard's comments (assuming they are correct but he usually is)?

And if the guy does agree to cough up the dough, get it properly witnessed and attested so it's a binding agreement.

[icecreamvan]

Originally posted by Archea

Bottom line I guess is that my boyfriend should have just driven home after having 7 drinks....


And possibly kill someone in the process?

...you're one crazy biotch. I like. :love:

[anarchy]

Originally posted by 5hift
^^

Or your boyfriend could have thought, hey I have my girls new car she just bought, maybe I can not drink for one night.

:werd:

Or not drive in the first place.

[Masked Bandit]

Originally posted by rage2
OK, 90% of the people in this thread have no clue WTF they're talking about. What is a lawyer going to do? I'm really curious.

Masked Bandit is the only one that knows whats going on... well I guess he should since he works in the industry lol. YOUR insurance policy on YOUR car covers YOUR car and anyone that has permission to drive it. If the owner of the vehicle that's hit decides to sue you the bf for injuries, YOUR insurance policy covers that.

The only alternative is to have the driver pay for the whole thing out of pocket. His insurance, regardless what he has, won't cover it. That's not gonna happen, since he has to pay for replacement/repair on 2 full vehicles. He can ask his insurance, with which they'll reply with either a fuck off, or laughter.

Your insurnace will obviously go up because of this. I had the exact same thing (minus the drinking part) happen to me a few months ago when my bro jacked my benz and crashed it.

Well thanks for the props but I have to give credit to 403Gemini. He's the actual adjuster, I just sell the shit.

I get to make all the promises and then he has to deal with them...lol.

In the end, I stand by my original comments to the OP....YOU'RE PRETTY MUCH PHUCKED!

If you want to know how to go about getting this claim off your record, let me know. It will take some cooperation with the person that was driving but considering the circumstances, I think he owes you.

[Archea]

Originally posted by JRSC00LUDE


Why couldn't he claim that he was too intoxicated to make an informed, rational decision? We've already established that his decisions are, by extension, as legally binding as your decisions in this regard. If his capacity was impaired beyond the ability to rationally make that choice would that not be an avenue to explore based on Richard's comments (assuming they are correct but he usually is)?

And if the guy does agree to cough up the dough, get it properly witnessed and attested so it's a binding agreement.

I will look into that and see if its a possibility. :)


Originally posted by 5hift
^^

Or your boyfriend could have thought, hey I have my girls new car she just bought, maybe I can not drink for one night.

Its more along the lines of I have my girls new modified 2003 civic si with multiple thousands of dollars of upgrades and modifications so lets go show it off to my friends when they come back from working on the rigs for 2 months........ and the guy driving it was obviously thinking "wow since this is lowered and handles so well around corners lets go 80 over the speed limit and have some fun.....oh crap"

[ralliart_girl]

Originally posted by JRSC00LUDE


No, it's not. I've sold cars for exactly what I've listed them for. That's about as accurate a comment as saying you are always right since, well, you aren't.

ok, so you are telling me when you buy cars, you don't try to offer the seller less than the price they have listed for? so you would pay a dealership or a private buyer the price they list for?

I think that the average person is smarter than that....and the term market value...is really more of like a average..and not what one idiot was able to get for his over priced car.

[403Gemini]

Originally posted by Princess*Precid


Cold Hearted???
wow, and what the hell would you do in a situation like that...pretend like everythings ok, not lay any blame on the other person and pay for all the damages yourself????:bullshit:

If that was me Id sue him for everything he has,
get yourself a lawyer hunni, and if you go to SAIT I run a legal Guidance Program for students, so if you need free advice you let me know.

I sincerely recommend you put more effort in your school/work life than you do in reading this forum ... please read the remainder of 1 page past my first post before you get all high and mighty - there was a miscommunication, it was clarified last page, but thanks for playing :rolleyes:



Originally posted by 5hift
^^

Or your boyfriend could have thought, hey I have my girls new car she just bought, maybe I can not drink for one night.


Originally posted by anarchy


:werd:

Or not drive in the first place.

:werd:

If he knew he was going to be drinking why didnt he organize alternative means of getting to and from his location?

[urban.one]

Go talk to a lawyer.

This is a situation that could end up costing you big and have you paying for it for years.

Find a lawyer that works insurance cases and give him ALL the facts. You may have some legal recourse or you may have none. But relying on advice from an internet forum probably isnt the best idea - look at all the conflicting opinions.

[icecreamvan]

Originally posted by Archea


Its more along the lines of I have my girls new modified 2003 civic si with multiple thousands of dollars of upgrades and modifications so lets go show it off to my friends when they come back from working on the rigs for 2 months........ and the guy driving it was obviously thinking "wow since this is lowered and handles so well around corners lets go 80 over the speed limit and have some fun.....oh crap"

If your friend works at the rigs, he can probably afford to pay for the damages.

What kind of mods did you have anyway?

[403Gemini]

Originally posted by Masked Bandit


Well thanks for the props but I have to give credit to 403Gemini. He's the actual adjuster, I just sell the shit.

I get to make all the promises and then he has to deal with them...lol.

In the end, I stand by my original comments to the OP....YOU'RE PRETTY MUCH PHUCKED!

If you want to know how to go about getting this claim off your record, let me know. It will take some cooperation with the person that was driving but considering the circumstances, I think he owes you.

:thumbsup: Thanks man but im no longer auto, got a promotion to property , started jan 2nd :D still like to keep busy and help out the auto adjusters tho


Originally posted by JRSC00LUDE


Why couldn't he claim that he was too intoxicated to make an informed, rational decision? We've already established that his decisions are, by extension, as legally binding as your decisions in this regard. If his capacity was impaired beyond the ability to rationally make that choice would that not be an avenue to explore based on Richard's comments (assuming they are correct but he usually is)?

And if the guy does agree to cough up the dough, get it properly witnessed and attested so it's a binding agreement.

As much as you COULD try and do that, it'll mostly be viewed that he was doing the reasonable and prudent thing:

1.) he took car out
2.) he got drunk
3.) he found sober friend to drive home

If you try and flip that around by saying "I was being safe and getting home, but too drunk to realize what i was doing?"

... doesnt really add up. You're dabbing into SO MUCH grey area, i can guarantee 99.9999% it won't work.

[Masked Bandit]

Originally posted by 403Gemini


:thumbsup: Thanks man but im no longer auto, got a promotion to property , started jan 2nd :D still like to keep busy and help out the auto adjusters tho





What? Personal or Commercial? Both? Still with the Dutch?

[JRSC00LUDE]

Originally posted by ralliart_girl


ok, so you are telling me when you buy cars, you don't try to offer the seller less than the price they have listed for? so you would pay a dealership or a private buyer the price they list for?

I think that the average person is smarter than that....and the term market value...is really more of like a average..and not what one idiot was able to get for his over priced car.


Does anyone know how to type out the screeching, whining sound an angry cat makes so I can respond to this in a way she would understand?

[Archea]

My bf new he was going to be drinking. But no offence to all you 22 year old guys out there.....but how often does 2 drinks turn into 2 pitchers.

And the guy who crashed it was the only one who doesnt work in fort mac. he works at tire craft.

Well the vehicle itself had the optional mugen body kit. Eibach springs (stiffer suspension and slightly lowered) cold ram intake, short shifter, HID. the back seat had been removed and a custom made box (2 piece)with 2 10" subs and 2amps professionally wired in. A dvd/cd player, and we had a supercharger sitting in our garage.

[JRSC00LUDE]

Originally posted by 403Gemini
As much as you COULD try and do that, it'll mostly be viewed that he was doing the reasonable and prudent thing:
... doesnt really add up. You're dabbing into SO MUCH grey area, i can guarantee 99.9999% it won't work.

Thanks for the facts! It was just a query to see if there are any options worth exploring for her but I certainly defer to your expertise!

[403Gemini]

Originally posted by JRSC00LUDE


Thanks for the facts! It was just a query to see if there are any options worth exploring for her but I certainly defer to your expertise!

Jackass ;) im just saying it probably wont work , worth a shot though but as insurance or the law will see it, he (her boyfriend) was taking the necessary steps in getting home "Safely"

OP - Did your boyfriend know this guy well enough to know he drives like an r-tard?! no way id let some of my more "aggressive driving" friends ever touch my car lol

[Archea]

and pretty expensive enki rims and a spare set of core racing rims (thank god the cheap ones were on at the time of the crash)

[Archea]

Originally posted by 403Gemini


Jackass ;) im just saying it probably wont work , worth a shot though but as insurance or the law will see it, he (her boyfriend) was taking the necessary steps in getting home "Safely"

OP - Did your boyfriend know this guy well enough to know he drives like an r-tard?! no way id let some of my more "aggressive driving" friends ever touch my car lol

The guy had a few accidents on his plate....most not his fault. I think he had 2 that were deamed his fault. I am sure he didnt know anything like this would happen.

[403Gemini]

Originally posted by Archea


The guy had a few accidents on his plate....most not his fault. I think he had 2 that were deamed his fault. I am sure he didnt know anything like this would happen.

nah you never can really tell

well, look at the bright side - your boyfriend is still alive. aside from insurance rates increased everything should be okay (call your broker and ask how much it would increase)

[Archea]

Its been a hellish year

Jan 1 - guy gets stabbed behind my house and tries to steal my shoes....blood everywhere

Jan 2 - 4 week old niece in hospital because she stops breathing every 5 minutes

Jan 9 - my dog gets put down

Jan 13- Smash o crash my car.

Thanks though,. I am so glad there were no fatalities. I am also so appologetic to the other people involved. They were slightly elderly (60), and my bf's friends actions lost them a pretty nice Acura TL

[rage2]

Originally posted by Archea
My bf new he was going to be drinking. But no offence to all you 22 year old guys out there.....but how often does 2 drinks turn into 2 pitchers.
Happened to me many a times, well past 22. In those cases I ditch the car and cab it back the next day.


Originally posted by Archea
And the guy who crashed it was the only one who doesnt work in fort mac. he works at tire craft.
haha I wonder if I know who it is... which tirecraft does he work at? LOL

[Archea]

lol lets not start slandering the kid...

Does anyone know how long it generally takes for an adjuster to get back to you as well?? I still havent been called...and its 2 days later.....

[403Gemini]

Originally posted by Archea
lol lets not start slandering the kid...

Does anyone know how long it generally takes for an adjuster to get back to you as well?? I still havent been called...and its 2 days later.....

If the accident happened on the 13th, reported on the 14th (to your broker) the office that they send it too are probably receiving hundreds of claims in 1 day, you should hear from your insurance company today, if not today, tommorow. id say if you havent heard anything by wednesday afternoon give a holler just to stir it up and put a fire under those lazy adjusters asses ;)

[illeagle]

Where's the pics of the car?:dunno:

[mikestang]

personally.. I would've done the stolen car report....

yeah my bf was at my house, he took the keys without asking and let his friend drive it-if your bf is going to protect his friend over you (bros b4 hoes) then he can goto hell, and get charged.

a friend of mine went into the store, and his friend stole his car, used it for his buddy's dealings, then trashed it... filed a stolen car report, charged the asshole,he ended up going to jail because he had priors, he got paid out, and insurance didn't go up.

[403Gemini]

Originally posted by mikestang
personally.. I would've done the stolen car report....

yeah my bf was at my house, he took the keys without asking and let his friend drive it-if your bf is going to protect his friend over you (bros b4 hoes) then he can goto hell, and get charged.

a friend of mine went into the store, and his friend stole his car, used it for his buddy's dealings, then trashed it... filed a stolen car report, charged the asshole,he ended up going to jail because he had priors, he got paid out, and insurance didn't go up.

Keep in mind 2 things

1 - she'd have to charge her boyfriend with theft for that plan to work

2 - her boyfriend is listed as a secondary driver on the vehicle - he cant steal it, and i assume the police attended the scene since it was enough damage to write off her vehicle , so the police has her boyfriend listed as a passenger on the vehicle so even if the OP and her boyfriend decided to say the friend stole it, it would still show that the boyfriend was in teh vheicle at the time it was "Stolen"

Lets not even go into the trouble you'll get into for lying to the police...

[Archea]

I will post pictures tonight

Actually I remember this from my law class...unless you make sure no one else has access to the keys legally you are letting them drive.

For example. If you total your parents car....unless they physically took away your keys (not just said you couldnt drive) it is deamed their responsibility still..

so the fact that my bf had a set of my keys on his keychain....I cant report it stolen.

Plus if the police see that he was either in the car or driving, and he was registered as a secondary driver....I doubt they will care all too much


I dont even have a backseat in the car (aka no seatbelts etc just a custom sub box) and the police didnt even care that there were 3 people in a 2 seater car.....(they claimed everyone was wearing seatbelts and the only one who was happened to be the driver)

[mikestang]

Originally posted by 403Gemini


Keep in mind 2 things

1 - she'd have to charge her boyfriend with theft for that plan to work

2 - her boyfriend is listed as a secondary driver on the vehicle - he cant steal it, and i assume the police attended the scene since it was enough damage to write off her vehicle , so the police has her boyfriend listed as a passenger on the vehicle so even if the OP and her boyfriend decided to say the friend stole it, it would still show that the boyfriend was in teh vheicle at the time it was "Stolen"

Lets not even go into the trouble you'll get into for lying to the police...

#2 ah, I misread before, I thought he was under his own policy

[403Gemini]

Originally posted by Archea
I will post pictures tonight

Actually I remember this from my law class...unless you make sure no one else has access to the keys legally you are letting them drive.

For example. If you total your parents car....unless they physically took away your keys (not just said you couldnt drive) it is deamed their responsibility still..

so the fact that my bf had a set of my keys on his keychain....I cant report it stolen.

Plus if the police see that he was either in the car or driving, and he was registered as a secondary driver....I doubt they will care all too much


I dont even have a backseat in the car (aka no seatbelts etc just a custom sub box) and the police didnt even care that there were 3 people in a 2 seater car.....(they claimed everyone was wearing seatbelts and the only one who was happened to be the driver)

Custom sub box? sounds like it was a pretty nice car!

pics pics pics

... of you + car ;) j/k

[510-Trevor]

Originally posted by Archea
lol lets not start slandering the kid...

Does anyone know how long it generally takes for an adjuster to get back to you as well?? I still havent been called...and its 2 days later.....
Wow, sorry to hear about all your bad luck.
I had a guy pull out of a parking lot and drive into the side of my truck last Tuesday. Spoke to an adjuster on Wednesday, and it took until yesterday (Monday) for the appraiser to call, luckly he was able to come by the same day so that I cold get the repair process started.

[Archea]

So this accident changes my policy by aprox an additional 1500/yr

And pics are coming lol...just at work now. I get off at 530.

[PSIx20]

I totally my truck last week...

Man 2008 is starting out bad for a lot of people. Even with all the homicides ALREADY!

[Canmorite]

Boyfriend sounds like a winnar for letting his other drunk friend drive.

Oops, shoulda called a cab...

Good luck in your case, though.

[Archea]

If you would have read the whole thread....the driver had 2 drinks over 5 hours...my bf had about 7-8 in a much shorter period.

[Archea]

http://i26.photobucket.com/albums/c122/Archea23/DSC003051.jpg
http://i26.photobucket.com/albums/c122/Archea23/DSC003041.jpg
http://i26.photobucket.com/albums/c122/Archea23/DSC003031.jpg

[Maddog55]

I'm just gonna chime in one more point...(sorry if it was already mentioned) The driver (b/f's buddy) was charged with a 24 hr suspension?? Do you KNOW it was only 2 drinks? C'mon.....its ALWAYS "just a couple".

I don't know how it works here...but in BC, if you wreck your car or anyone elses and you're charged with impaired...insurance will not cover you. You have to pay it out of your own pocket.

I totalled my car and yes was impaired. Insurance wouldn't pay for one dime. It was a brand new car..still had payments on it...I had to pay for the whole thing myself...AND pay off the loan!!

So..dunno...might play into this as well. I sure hope not for your sake Archea....hopefully this is the last of bad luck for a while. Good luck!!

[01RedDX]

.

[SCHIDER23]

hell a little bit of spit and some elbow grease you can buff that out :eek:



nah just j/k sorry about your loss

[liquidboi69]

Sorry to go off topic, but did they give you an ETA to as when an appraiser is going to check your vehicle?

Mine said 10 days.... and this happened on the 9th, I was just wondering if yours is taking as long.

[Archea]

My appraiser just got back to me at 7 tonight.
I am sure its going to take a while

They seem so backed up...

[tom_9109]

I am an appraiser. From looking at the three pictures you have posted and making my best assumptions as to the extend on front suspension and unibody damage I'd say the car is a borderline total loss. Really depends what they decide it is worth. Red book puts it between 11k -13k but they are selling between 15k - 17k.
Gonna be a coin toss as to what they determine your value at and what damage there is that doesn't show well in pictures.


Can you tell me if both airbags deployed or not?? Any extra photos??

On another note I think this is going to be just one of those life lessons. You will have a hard time holding the driver responsible for the damages. I suggest you ask him

As a vehicle owner it would be unreasonable to think that when you give someone permission to drive a vehicle that a collision is impossible. Even though you did not give him consent (express or implied), your boyfriend did when he asked/allowed him to drive.

Its one of the risks of driving and your boyfriend unfortunately accepted such risks for you when he allowed someone else to drive the vehicle.

EDIT: Which insurance company is it with??

[Canmorite]

Originally posted by Archea
If you would have read the whole thread....the driver had 2 drinks over 5 hours...my bf had about 7-8 in a much shorter period.

Either way, should of called a cab.

[kaput]

.

[tom_9109]

Originally posted by kaput
Are you sure its a write off? The damage is obviously pretty bad and I know nothing about repairs but the wheels don't look like they took any of the abuse. Maybe its mostly cosmetic and a new door and some sheet metal will fix it up? Collision guys feel free to tell me I'm retarded now.

Look up three posts. You are right that there is a good chance it can be repaired economically. Could come down to the availability of good recycled parts. Sheet metal is cheap. The labour to put it on adds up quick, not too mention suspension damage, airbags, window glass and the necessary unibody repairs.

[Ajay]

For future reference for all of you to avoid a situation like this.

216-2630 - Drivers Choice.