Drunk drivers!

[diamondseeker2006]

Alcohol dependence and abuse is running rampant in this country. And many profit from it. It makes me sick. Drinking is glorified in movies and it is made to be "cool" to young people. I am more mad at the industry than I am at individuals. But I have heard of a great idea...cars that have breathalizers in order to start the car. DWI offenders have to have these sometimes when they get their licenses back, but I think they should just put them on all cars. There are millions of people who drive and are impaired and think they aren''t because they only had a couple of drinks. Probably only a very small percentage of impaired drivers actually end up in accidents, but who wants to take the chance of driving near them?

 

[decodelighted]

OYYYY!!! I just caught up & saw this right now! How awful!!

I hope you''re feeling better soon & that the effects won''t be lasting or irritating to your previous lower back pain (which is THE WORST!!!).

A couple years ago I was involved in a much less violent rear-ending ... by a young girl who begged me not to call the cops. Her flip-flop had gotten stuck on her gas pedal & she hurled forward into my car at a stop light. I was a FOOL & let her off. She NEVER paid me the $$ she promised and I had no police report to go after her. I felt badly for her ... young, scraping by, minimal damage to my big-bumpered SUV where her junker was smashed up. I was also just shaken up & not thinking straight.

SO GLAD you guys kept it together enough to do the LOGICAL thing!!!!

 

[TravelingGal]

DS, I''d like a car like that...would make sure I''m never on the road if I''m not supposed to. However, it makes me wonder if there would be a lot of people at .06 or .07 driving around! Does anyone in CA remember when it used to be .10?

Deco, that sucks! Repairs are expensive and I don''t trust that someone will be honorable and return calls, etc. People let their insurance time out all the time. Even WITH a police report, it looks like this woman gave the cops a PO box and NOT her address! I don''t like the fact that she has my address but I don''t have hers. I''m hoping her insurance is legit, but at least mine will cover me.

 

[princesss]

TG, I just got caught up on this thread. I am so glad you and TGuy are ok. I really can''t believe the stupidity of some people. It really makes you wonder what kind of life some people lead if they can scrape by never considering the effects of their actions. Where were this girl''s friends? She couldn''t have made a phone call to a friend or a cab company? I know some people think I''m overly cautious (I won''t drive if I''ve had a drink unless it was only 1 drink 2+ hours before I drive and I''ve eaten something since), but I sleep a whole lot easier knowing that every single one of my friends knows they''re welcome to call me at any time if they''re drunk and need a ride, and that they take me up on it.

Anyways, getting off my high horse, I think you did exactly the right thing calling the cops. Think about how many lives you potentially saved, including hers! She needed to get off the streets. I''m sorry about the damage to your car, and I hope it''s fixable.

 

[divergrrl]

TG You did the right thing by calling the cops. She broke the law & deserved to get arrested. She knew she was drunk or else she wouldn''t have freaked out about you calling!

In Oregon, you can refuse to blow, but you then are subject to a mandatory blood test. A lot of folks think this will "buy time" to help their blood alcohol levels go down. Well, what it does is INCREASE your sentence if you are above .08. If you blow & are found guilty of DUI on first offense, its a 90 day supsension of license. If you refuse to blow & are found guilty via blood test, it is a ONE YEAR suspension of license. (happened to our friend/carpenter & I had to listen to him whine about the cops being jerks -- finally I barked at him "the cops didn''t MAKE you drink alcohol, AND drive now did they? Its your own dang fault, now own up to it!") unfortunately he lived 45 minutes from us, and for 3 months until our house was done, my DH had to go and pick him up to bring him to our house to work on our addition. grrrrrr.

I am glad you and Tguy are ok...that''s all that really matters. I was in a hit & run (same kind of situation as you, but stopped at a red light) and some drunk guy just barrelled into me. I was 8 months pregnant too...nice....it was only 8pm! and he took off! Jerk.

I loathe drunk drivers.

Oh....I once saw a chart that gave blood alcohol levels for body weights, and I believe for my size (5''5", 130lbs) 2 drinks gets me right about .08 (legally drunk)

So if I''m out & driving, I will have one drink with a meal as long as I''m not driving for a few hours, but I leave it at one. If I want more, I arrange for DH to come pick me up or if its a "girls night" we cab it.

 

[hoorray]

Tgal,

I really hope you and Tguy are all right. You definitely did the right thing about calling the cops. Don''t give up on it if you are supposed to testify or whatever, . and don''t give up on an insurance fight. My father was killed by a drunk drive 5 years ago. He wasn''t killed instantly and lived through a 7 month hell that no one should go through. I rarely talk about it and am not bringing it up for sympathy or drama. The lady who hit him is in jail, getting out next year. This was at least her 3rd offense, but others had been pled down, or were old enough that the statue of limitations was over. If someone had stuck with it earlier, maybe she would not have been on the road. Your lady sounds as if she knew the problem and was trying to cover it. If that is the case, she can only cause more damage down the road.

Good luck with it all. Drunk drivers are something that everyone knows are dangerous, but you never think it''s going to impact you. I still have a tentency to dissaciate what happened to my family with the "drunk driver" but that''s exactly what it was...

 

[ephemery1]

Ugh... glad you guys are ok, TG, but sorry to hear about the damage (to you AND your car). As if the accident itself wasn't traumatizing enough, how lovely that now you've got lingering pain as a reminder.

I probably would have felt that twinge of "poor girl, sucks for her" too, but I agree with DF... she's probably done it before, so hopefully this is all the lesson she'll need.

And I'm with Diver... if I know I'm going to be driving, I don't bother drinking at all... I'm paranoid enough as it is, and it's just not worth it.

Also, little known fact (among college kids, anyway) is that even when your alcohol "tolerance" increases (from frequent drinking or whatever), your blood alcohol level remains proportionate to the amount of alcohol you consume. So somebody can have 5 drinks and still feel totally sober, but are actually well above the legal limit. I remind my little brother of this occasionally, as an added incentive not to get in the driver's seat after hitting the bars, no matter how "fine" he feels.

 

[Julianna]

Date: 7/9/2007 8:50:42 PM
Author: AdaBeta27
My ex was hit in a similar accident. A friend of his family who was a retired claims adjustor advised him don''t settle until you''ve got damages for the totaled vehicle PLUS $12000 to $13000 per occupant for any injuries not apparent now that may be found later and/or may be permanent. $10k to $14k would not be unreasonalbe is sucn an accident, said the friend. So, he settled from something between retail and loan value on his vehicle, plus another $13000 for his ''potential'' permanent injuries. And walked away with a smile. I bet that other driver Still can''t get insurance.

I ran that by the insurance co. my relative works for. I said: Is that fruad? Is that overstating a claim. He said Nope, if that''s what it took to settle the claim, we''d have to pay it.

Actually, making up a random huge figure off the top of your head is potentially both fraud and overstating a claim. HOWEVER, if you get rear-ended, especially at that speed, you can pretty much assume injuries. And the insurance company will assume injuries have occurred, which is what they will agree to pay you for, whether in a lump sum or over time. It is not dishonest to go to a doctor and have yourself checked out a week or so later, nor is it dishonest to ask for physical therapy and so on to be covered by her insurance. However, choosing a blanket figure (ie. 13000 dollars, just in case) is dishonest. The insurance company will keep paying for your injuries if you have them. The claim can stay open until you are ok. You don''t have to run in there, ask for some huge amount, and then settle and call it a done deal. No reason to rush, even if they may seem to be rushing you. It''s up to her insurance company to "make you whole", which means the poor Mustang AND your poor bodies that took such a hit.

I hope the girl who hit you, drunk, and then tried to dilute the alcohol with water and coffee, and then put her hands on you trying to keep you from doing the correct and lawful thing, gets her license revoked.

 

[TravelingGal]

God, there are so many awful stories. I am so sorry lop.

Julianna, I did speak to the adjuster today and was honest about the situation...that I think it''s just typical injuries for now, but I am very afraid that my lower back pain is going to stay awhile as a result of this accident. I told her I had been free of the pain for months.

She said pretty much what you said. That she was going to open up a claim with the girl''s company and they would determine from the accident what they anticipate would occur as far as injuries go. I could go get physical therapy or whatever and they''d pay for it all for as long as it took for me to be OK, or it may be an amount they pay off in the settlement. I also found out my insurance company will cover us for out of pocket medical expenses well into the 1000''s, so that is helpful! TGuy wanted to go to a chiro, so that can pay for that if need be.

And the last line of your post made me laugh.

 

[Julianna]

You seem like a lovely person; of course, the worst things happen to the best people. Consistently.

My other (full-time) job is with an insurance company, and though I work on the homeowners claims side, I have many friends on the auto side. So if you run into any seeming shadiness, gimme a yell and I''ll get you a second or third honest opinion.

 

[TravelingGal]

Thanks Julianna...I may take you up on that.

Please check back from time to time on this thread, as I''ll just update on this one instead of starting a new one.

 

[dianne]

TGal--I am so sorry but very glad ya'll are ok, even though you are having some back problems. I hope your car can be fixed.

Someone totaled my car the same way. I was going down the highway one night going 65 mph and someone slammed into the back of me going 90mph (that was the estimate of the police) Totaled my car while moving! I only saw the headlights a split second and whammo! Broke my seat on impact so I was actually lying completely flat looking at stars through my open sunroof for a few seconds, no hands on the wheel...still going 65 mph!!! I just knew I was going to run off the road or hit someone before I could sit back up to grab the steering wheel....and it's really hard to drive with no seat support behind you. They didn't even stop and they never did catch'em. I had 3 tag#s for the police of cars that passed me as I was pulling off the road, one with a headlight out, and they located all 3 cars but none of them had damage.

 

[Skippy123]

TG, I am sorry about your back. That is horrible; I hope it gets better soon.

 

[TravelingGal]

Dianne, your accident sounds worse than ours. Hope you have had no lingering pain.

Well, I did get the estimate back today and it looks like the car can be repaired!

He didn''t see any horrific damage that would affect the mechanics of the car, however he said that may change once they pull it apart and start working on it. I''m very happy that I will get my baby back. I also DID ask if it would be new parts, and he said yes. The paint is kind of faded, but they are only painting the new parts (side and back). I''m wondering if that is going to look OK or if I should insist on an entire paint job. But I''ll cross that bridge when I get to it.

The adjuster STILL has not called me after he initial touching base. The whiplash seems to have let up, but the back lower back pain has intensified. Today was the first day I went to a meeting and had to sit on a less than plush chair (like my sofa) and I was in pain the entire time. Pain driving the car too, ugh! And headachees...a freakin'' giant headache I haven''t been able to shake for two days, and I never get these!

So it''s all fun and games, as I am trying to listen to my body and figure out what is normal and what is not. TGuy and I were talking and we are a bit concerned that the doctor barely touched us, just asked a few questions and told us he wasn''t going to order xrays or anything else. All my friends are telling me to xray''d and/or get an MRI. Isn''t it funny how people just take their doctor''s word for it and feel stupid asking for tests when it''s THEIR body? I''m starting to think I need to go back and just tell him I want some tests done because at the end of the day, it''s not him who has to live with the pain.

 

[Miranda]

Oh TGal, that''s good news about your car. I hope your back gets to feeling better! Maybe the headaches are from stress? I know I get those.

 

[TravelingGal]

Date: 7/12/2007 7:38:27 PM
Author: Miranda
Oh TGal, that''s good news about your car. I hope your back gets to feeling better! Maybe the headaches are from stress? I know I get those.

Thanks Miranda!

That''s probably why I don''t get headaches very often...I''m not prone to stress.

I don''t think I''m stressed really...as things are just moving along and at the end of the day I know the car and med bills will get taken care of. But I do get the occasional headache when my shoulder and neck pains act up (tension headaches, I believe they are called) so they are probably related this week.

And...to throw a bit of another wrench into all of this...

There is a VERY VERY slim chance I might be preggo. Now, if I am, I know I''ll be getting a headache for sure (

), but I am wondering if that might change anything. Talked to a friend and she thinks an impact like an accident wouldn''t hurt the thing if it hadn''t implanted yet. So now I have to refresh my memory of my conception to birth class. Hehehe. And I have also been looking up if xrays and MRIs would be a bad idea if I were. (So far MRI''s seem to be fine)

So much info on the net. Sometimes knowledge is not power. Sometimes knowledge is a paranoia pain the pooper.

I am HOPING I am not pregnant...especially since they can now fix my car and I want to wait until I have to buy a bigger one! Oy!

 

[Julianna]

Sounds like those soft tissue injuries are setting in. I guess you were expecting that but still I was hoping some magic would''ve occurred wherein neither of you were touched and could skip through the daisies the next day. If you''re into that sort of thing.

Remember that your adjuster is VERY busy (auto reps are always busier than homeowners reps for some reason), so be assertive and don''t be afraid to make a few calls to them if they aren''t getting back to you. They do care, they just have a lot on their plates.

Keep us updated please on your progress and perhaps-baby status!

 

[TravelingGal]

Date: 7/12/2007 8:02:57 PM
Author: Julianna
Sounds like those soft tissue injuries are setting in. I guess you were expecting that but still I was hoping some magic would''ve occurred wherein neither of you were touched and could skip through the daisies the next day. If you''re into that sort of thing.

Remember that your adjuster is VERY busy (auto reps are always busier than homeowners reps for some reason), so be assertive and don''t be afraid to make a few calls to them if they aren''t getting back to you. They do care, they just have a lot on their plates.

Keep us updated please on your progress and perhaps-baby status!

Thanks Julianna. I did leave a couple of messages. One to touch base like she asked me to, and the second to ask whether we could seek chiropractic on our own and be reimbursed since my doctor denied giving us any additional testing. I actually asked my doc a couple of years ago if he could refer me to a chiro and he said he didn''t believe in them and said he''d refer me to the physical therapist instead. I think I may need a new doc.

I do hate feeling like this...I''m not a whinger (see Pandora''s "confused'' thread for definition

), so I have to really determine whether I need to speak up about pain that might be chronic/serious or just figure it will go away. I''ve actually been feeling stupid every time I ask someone (adjuster, doc, etc) about potential problems this would cause....as if I were some kind of fraudulent money digger or something. Bah.

 

[Miranda]

Date: 7/12/2007 7:53:51 PM
Author: TravelingGal

Date: 7/12/2007 7:38:27 PM
Author: Miranda
Oh TGal, that''s good news about your car. I hope your back gets to feeling better! Maybe the headaches are from stress? I know I get those.

Thanks Miranda!

That''s probably why I don''t get headaches very often...I''m not prone to stress.

I don''t think I''m stressed really...as things are just moving along and at the end of the day I know the car and med bills will get taken care of. But I do get the occasional headache when my shoulder and neck pains act up (tension headaches, I believe they are called) so they are probably related this week.

And...to throw a bit of another wrench into all of this...

There is a VERY VERY slim chance I might be preggo. Now, if I am, I know I''ll be getting a headache for sure (

), but I am wondering if that might change anything. Talked to a friend and she thinks an impact like an accident wouldn''t hurt the thing if it hadn''t implanted yet. So now I have to refresh my memory of my conception to birth class. Hehehe. And I have also been looking up if xrays and MRIs would be a bad idea if I were. (So far MRI''s seem to be fine)

So much info on the net. Sometimes knowledge is not power. Sometimes knowledge is a paranoia pain the pooper.

I am HOPING I am not pregnant...especially since they can now fix my car and I want to wait until I have to buy a bigger one! Oy!

Uh-Oh...Or Goodie...Or both! Babies are a gift, good timing or not! Trust me, I now a lot about ''not good timing''. I hope you are preggo! You would make a wonderful mother! The little beans are very resilient, don''t worry about that.

Pain causes tension and tension causes headaches. Maybe a hot bath is in order...But, not too hot, because, well, just in case

We had our oldest son in a convertible Mustang for a while. I don''t think your beloved car needs to be replaced quite yet.

 

[ephemery1]

Date: 7/12/2007 8:12:08 PM
Author: TravelingGal

I do hate feeling like this...I'm not a whinger (see Pandora's 'confused' thread for definition

), so I have to really determine whether I need to speak up about pain that might be chronic/serious or just figure it will go away. I've actually been feeling stupid every time I ask someone (adjuster, doc, etc) about potential problems this would cause....as if I were some kind of fraudulent money digger or something. Bah.

My friend and I have this theory about "sick day phenomenon". When we call off sick just to have a fun day doing nothing, we feel perfectly fine about it (mental health days are necessary sometimes!). But when we call off because we really ARE sick, we get all nervous that people won't believe us and then feel irrationally guilty about it.

So I'm attributing your fear of coming across as a fraudulent money digger to a variation of the same phenomenon.

But the bottomline is, it's your body... if you feel like something's amiss, you owe it to yourself to get it checked out. Regardless of what the doctor says.

I cracked a tiny little bone in my spine about 5 years ago (from coughing too hard with pneumonia... lovely) and never did anything about it until a spasm had already formed, and it's turned into a chronic painful nuisance. If there is the slightest chance you can prevent that from happening... take it!

 

[TravelingGal]

Miranda, I didn''t think it would be possible to put a baby seat in a mustang, but I guess you''re right and I could! However, it would sure be a pain to get a kid in and out of there.

Ephemery, you''re funny, and probably not too far off the mark.

Julianna, I do have a question for you (or anyone else who knows). A friend of mine mentioned that now my car can never be in the "never had an accident" category. I don''t think it matters too much, as I plan to drive the car into the ground and then bury it. However this friend said that if I were to sell it, it would be worth less because of the accident. I''m researching to see how true this would be, but does that matter in a claim? I know no one in the insurance world is going to tell me how to get anything above and beyond the basics, which hopefully will be enough anyway. But my friends are telling me I need to ask these questions...but as I''ve mentioned in my previous post, I am really hating to ask questions that seem like I am trying to milk the system. From what I can tell/have read, insurance will only pay the actual cash value of your car if it were totalled, nothing more.

So does the insurance company ever compensate for decreased value of car? To me, it seems while it appears fair in theory, it''s not something that would happen. In fact, it seems like that would be solidly categorized in the "sh*t happens" area. Thanks in advance....

 

[Mara]

TG so sorry to hear about the accident, I''ve got wide eyes on the potential preggo news...wow! Keep us posted for sure. Hope all is well regardless!

 

[indecisive]

Awww that sucks TGal! We got rear ended on 7/7/07 and even though it wasn''t serious it still was a bummer. Our car had a clean Carfax report with 0 accidents on it so we are going to ask for diminished value for having an accident on it now, which someone told us can be like 5-10% of what it costs to fix the car but I don''t know for sure yet. I hope things work out for you!

 

[anchor31]

Just read this... I''m so glad you and TGuy weren''t seriously injured. I''m sorry about your back and your car, though. I just can''t believe some people drive drunk, they must be insane.

Keep up posted about the baby news!

 

[snlee]

TGal, Glad to hear the good new about your car being able to be repaired! Keep us posted on the baby news!

 

[bee*]

Glad that the two of you weren''t seriously injured and potential congrats on the pregnancy! Don''t feel bad about calling the police-it was her decision to drive while drunk.

They brought in random breath testing in Ireland earlier this year where you can be stopped at any time and breath tested-it really seems to have reduced the amount of people drink driving as you never know where a check point will be. I''ve been tested 3 times but I never drink and drive so thankfully I don''t have to worry about it.

 

[Julianna]

Julianna, I do have a question for you (or anyone else who knows). A friend of mine mentioned that now my car can never be in the ''never had an accident'' category. I don''t think it matters too much, as I plan to drive the car into the ground and then bury it. However this friend said that if I were to sell it, it would be worth less because of the accident. I''m researching to see how true this would be, but does that matter in a claim? I know no one in the insurance world is going to tell me how to get anything above and beyond the basics, which hopefully will be enough anyway. But my friends are telling me I need to ask these questions...but as I''ve mentioned in my previous post, I am really hating to ask questions that seem like I am trying to milk the system. From what I can tell/have read, insurance will only pay the actual cash value of your car if it were totalled, nothing more.

Your friend and you are both correct. Your car would show up now on the Carfax report or what have you as having had an accident. That''s not the end of the world, of course, it is just there to keep people (read: DEALERS) honest. If you''re gonna drive the car into the ground and then sell it at the very end so someone''s kid has a starter car, just let ''em know about it. No biggie.

And yes, the insurance company will refer to the NADA or the Blue Book (depending on the insurance company) and pay you for exactly what it was worth when it was totaled. You could actually go to NADA or Kelly Blue Books sites and get a good idea of what you were up against. So unless you''re driving a brand new vehicle that didn''t have a chance to depreciate much, it''s pretty much a "poop happens" type of deal. Though fair in theory, it doesn''t help you out much.

I am not sure if you''re asking whether being in an accident is going to impact future accident claims? I''d say only your premium would be affected by that.

Asking questions is not milking the system, you are simply trying to figure out what''s going on. Now stop feeling guilty this instant!!

 

[TravelingGal]

Happy...er...Monday.

No news on the preggo thing, btw. I don't think I am, but a gal can't be sure until she's SURE...and I don't have any signs yet!

Indecisive, I'm sorry for your accident too! Thanks for the tip on how you are handling it.

Thanks Julianna for your response. Yeah, I think it's really not going to help me if that's the case since the car is not totaled. But I will still ask and promise to not feel guilty. The adjuster still hasn't called yet, but that's probably because she hasn't been able to talk to the other insurance company yet.

Everyone else, thanks again for your nice words. I'll keep you posted on the outcome.

ETA, Julianna, I was asking if being in an accident would affect the future price of the car, if I were to sell it - and if the insurance company would compensate for the fact that the car was no longer accident free and therefore less in value. It's getting paid more now for a "what if" in the future. But as I said, I do not plan to sell the car so there really is no real monetary loss on my end from a potential sale.

 

[Julianna]

ETA, Julianna, I was asking if being in an accident would affect the future price of the car, if I were to sell it - and if the insurance company would compensate for the fact that the car was no longer accident free and therefore less in value. It''s getting paid more now for a ''what if'' in the future. But as I said, I do not plan to sell the car so there really is no real monetary loss on my end from a potential sale.

I talked to my auto guys, and you CAN put in a claim for compensation for the fact that your (previously accident-free) car will indeed not sell for as much as if you''d never been in an accident. It''s called a "diminished value" claim, and it is paid by the other party''s insurance company. Like I said before, if you try to sell your car to anyone, the smart thing for the buyer to do is pull a Carfax report. The report will state plainly what kind of body work your car has had, which will in turn drag the value down.

No one''s going to mention diminished value to you, neither your insurance company nor theirs. Make sure to ask about it. It may be a hassle, some paperwork and so on proving your point, but perhaps worth it to you.

 

[TravelingGal]

Date: 7/17/2007 12:52:22 PM
Author: Julianna

ETA, Julianna, I was asking if being in an accident would affect the future price of the car, if I were to sell it - and if the insurance company would compensate for the fact that the car was no longer accident free and therefore less in value. It''s getting paid more now for a ''what if'' in the future. But as I said, I do not plan to sell the car so there really is no real monetary loss on my end from a potential sale.

I talked to my auto guys, and you CAN put in a claim for compensation for the fact that your (previously accident-free) car will indeed not sell for as much as if you''d never been in an accident. It''s called a ''diminished value'' claim, and it is paid by the other party''s insurance company. Like I said before, if you try to sell your car to anyone, the smart thing for the buyer to do is pull a Carfax report. The report will state plainly what kind of body work your car has had, which will in turn drag the value down.

No one''s going to mention diminished value to you, neither your insurance company nor theirs. Make sure to ask about it. It may be a hassle, some paperwork and so on proving your point, but perhaps worth it to you.

Thank you! This is exactly the kind of information I was looking for. I will ask the adjuster when she calls...which she STILL has not done yet after two messages last week. I''m out of town so I can''t focus too much on this right now...in fact, TGuy is a bit fed up with the lack of response and wants to hire a lawyer. Ack.