Truck was TOTALED, what to do?

[BDwinsAlt]

I was taking a friend to work. I pulled out of a parking lot after waiting a few seconds for the traffic to clear. About 100 yards away, a car was on fire, so people were looking at it and slowing down. So it seems good to go, I pull out and this big truck comes flying toward me. I hurry up and get in my lane before he hits me, he turns into oncoming traffic as i was halfway turned in my lane (Like diagnal to the road), his DRIVER side hit my DRIVER side, meaning i was in a turning position. Anyway, he has minor damage to his big truck, his driver side light was busted, and bumper was fucked up.

 

My truck is totaled. My driver side is smashed in. I can't open the door. My head hit the class on the door, shattering it. My front driver-side wheel was sideways on the ground (in the ditch where we finally stopped skidding.) I was facing the right way before the collision, and I did almost a 180 and faced towards on coming traffic afterwards. My steering wheel is broken and smoke was coming out from it (blackish color). I turned off my truck quickly and made the girl get out the passenger side so i could get out.

 

The guy is mexican, he sped up as he went into the wrong lane and hit us. According to Alabama law, on coming traffic has the right of way, but also the person that hits u is at fault. Technically I was in my lane when it happened. The skid marks start in my lane and I have rear wheel driver and brakes. Therefore, he hit me AFTER i was in my lane. Anyway, He doesn't speak english, and didnt even check on us. A lot of people saw it happen because they were watching the car burn too. Luckily, no cars were coming from the other direction, and I am the only one who is somewhat injuried.

 

My bluebook value is $2,245.00. I have liability insurance and already reported the claim. If this guy doesn't have insurance (assuming he is 100% at fault), can I still sue him, even if he isn't a citizen. And if he does have insurance on his massive truck, how long will it take before I see the money. Will I have to go to court about the case? I have to pick up a report in 5 days from the police station. My truck was towed (will that guy pay for that as well?).

I told the officer I only had minor injuries, but after everything calmed down I am noticing a pain in my knee and wrists. The officer asks if I had my seatbelt on, I did of course. He was really nice to me, so I think he figured it was the other guys fault too.

 

BOTTOM LINE:

What should I do. Sue him? Bug the police about it? I don't have the guys information, but the police have it and I'm sure I am entitled to getting it or will have it on my report. If he doesn't have insurance, and he isn't a citizen, am I shit out of luck? I have no vehicle and I am currently unemployed.

[PoLiX]

I'm assuming by all this, you don't have uninsured/underinsured. Though even having those and him having insurance is a pain.

 

My parents have been through it quite a few times being rear ended. And recently my bros were hit by a drunk driver, who at 1st they couldn't find any insurance with. But even 2.5 months later, and all the bs, my mom and our insurance broker are saying things are progressing very quickly. But this also helped since the uninsured kicked in, and our insurance went after them. But once they gave up their insurance, now they are dealing with them. But yeah. He had full coverage, so his car was paid off, and he went and bought a new one. Actually ended up buying his totalled one back (and decided he needed a 27,000 car this time). But they have been told average time for any sort of pain and suffering money (which my little bro is still in pain) even now dealing with an insurance company, probably won't be seen until mayish at the earliest.

 

Being if he doesn't have insurance, and you don't have coverage for uninsured, full coverage, etc. Buddy of mine went through that fun process for 1.5yrs. You too are probably outta luck for anything quick. I'd say a good 10-12months, at best. And that is if you sold your claim from your lawsuit to a company that went after him. Otherwise its a slow process of them garnishing what they can (if they can) his wages, and so forth and you getting small payments from him. Downside to selling it off, they'll take a pretty large cut. I think of his 42,000 they took 8000ish.

 

But yeah. Don't expect anything quick.

[BDwinsAlt]

Enough to pay the bluebook value of my truck is all I really want. Anything more I feel is selfish, maybe the medical bills because I am about to go to the hospital. I am suffering from shell shock and I think I should go. I took a shower and found more injuries and glass in my skin.

 

Value of vehicle: $2,245.00

Medical Bills: Probably not very much, considering I have good insurance

 

The fact that he didn't even check on us, and went straight to the police is what upset me. I stood there checking everything and seeing if the other girl was ok and he was talking to the cops the whole time. I think that's why they figure its his fault to begin with. The guilty party squeals first. Last thing on my mind was hurrying to the cops to tell the story. A lot of people saw it happen and had statements. I didn't hear them for real but I saw them talking to the police. The police were really nice to me. I appreciate that. They didn't seem to like the Mexican too much, he seemed kind of annoyed by him. I wouldn't annoy an officer who rights up what happened in a wreck. Probably best to be on his good side.

 

I have a friend whose cousin is certified in civil cases, but doesn't have a career in it. I can probably talk to that person for free and get some advice.

I think that Golberg commerical (Call Golberg! 800-600- 6 0 1 4), might help. If I get $50k out of this guy, and the lawyer wants $10, thats fine. I am not greedy at all. I just want a small used vehicle and medical compensation.

 

I wonder if he had a license.

 

EDIT: dont have pics of accident, but the card I got for the incident:

http://braddavis.info/crash/IMAG0118.jpg

Edited February 13, 2010 by BDwinsAlt

[L.C.]

Heh.

 

A few months ago I had a 60MPH+ straight-on collision (not oncoming). Fortunately none of my bones were broken, no whiplash, nothing but a nasty laceration on my right hand (back of hand smashed through windshield during collision).

 

At least I walked out alive. X_x There were soo many things that could have gone much wrong if minor factors and conditions were different.

 

Medical bills of around $100,000 were involved. Ouch. Glad insurance took care of that. Unfortunately now my insurance for one car for 6 months is a payment of like $750 -- which is the same my parents pay for three vehicles...

Edited February 13, 2010 by L.C.

[»Lynx]

Uh, this sounds like it was your fault. It sounds like he left the lane because you rushed into it thinking you were safe.

[»Xog]

Go to the car lot tomorrow during daylight and take pictures of your truck. If he tries anything sneaky, you'll have pictures. Also take pictures of your injuries. It's ALWAYS good to be safe. If he tries to be an ass about this whole thing, you can show your injuries and everything.

 

Trust me. Just have these. You'll be screwed to hell if he does something slick.

 

The last time I got into an accident, an old jewish guy in a van pulled out into the middle of an intersection, doing a california stop. I had no stop sign on my street, he did. Sure enough I wound up slamming my breaks and avoiding him - only to smash into a parked van on the side of the street WITH SOMEONE IN IT.

 

I wound up getting sued by the guy in the van and the old jewish guy drove off before I could even look at his license plate. I don't have to start paying any bills for another 10 years, and I have $20,000 to pay this fucker.

 

And yeah, he had a little scratch on his bumper. Fucking Dodge Van. My car was completely totaled.

 

I bet he was a pedophile. This was parked right outside an elementary school.

 

The cop's excuse for why it was my fault?

 

"Looking at the marks on the street, I'd say you could've let go of your breaks and swerved back before hitting the van."

 

It was a fucking 1 way street.

Edited February 13, 2010 by Xog

[L.C.]

Uh, this sounds like it was your fault. It sounds like he left the lane because you rushed into it thinking you were safe.

 

Though this is really how I feel about the incident:

 

Not like I did it on purpose.

[grazzhoppa]

Sounds like a case of not being a defensive driver salted with a dash of Southern racism. Yeehaw

[BDwinsAlt]

Sounds like a case of not being a defensive driver salted with a dash of Southern racism. Yeehaw

He was behind another truck which was slowing down, and he passed it as he sped up. He was speeding and hit me on an icy road. If you saw how it happened, you would see that he hit me once I was in my lane and with a lot of force. I guess I didn't explain it well.

 

Edit: Oh yeah, and as far as the defensive driver. I took driver's ed. I looked both ways several times and I saw him as he was hitting me. I was staring at the truck doing all I could to prevent the impact from causing things to be worse. As I sped up to try to get across, he sped up in the direction I was head toward. Smart? No. He should have slowed down (or tried to) instead of punching the gas and going into oncoming traffic. I was going at a T angle with him. he T-boned me. I have a diagram I drew, ill show you later.

Edited February 13, 2010 by BDwinsAlt

[whalz]

harhar, i jus got a 200$ speeding ticket so tough luck! shoulda been a better driver, bet u cant even 10:0 in metalgear .?buy hand eye coordination

 

and h ow do u know for sure he was jewish? well they r really bad drivers.. so probably... ARE YOU JEWISH 2?

[rootbear75]

i almost got hit head on 3 times today on the way home from work.

i was avoiding the freeway cause it was worse than usual so i too surface streets.

This street going the other way was packed for a few miles. At one intersection the people on the other side left just enough room for a truck to come out. i was going speedlimt and he poked his front out as i was maybe 50 feet away.

I am SO glad that no one else was in the right lane when i swerved over to avoid him.

 

#2: someone went over to our side of the road to get into the left turn lane (left turn lane started about 100ft in front of where this guy was)

 

#3 some azn lady started making a left turn, saw a car in the right lane (i was right next to him in the left lane), and then decided to stop in the left lane... im sitting there slamming on the brakes hitting my horn. i come to a stop and SHES STILL FUCKING SITTING THERE, IM LIKE WTF BACK YOUR STUPID BITCH ASS UP BEFORE I RAM U. and then she finally decides to back up.

 

i swear some people shouldnt be allowed to have drivers licenses..... ca drivers test must be ezpz. i thought va drivers sucked.... ooooh boy i was wrong.

 

harhar, i jus got a 200$ speeding ticket so tough luck! shoulda been a better driver, bet u cant even 10:0 in metalgear .?buy hand eye coordination

 

and h ow do u know for sure he was jewish? well they r really bad drivers.. so probably... ARE YOU JEWISH 2?

im jewish... i have a perfect driving record (+3 points... 1 for each year no violations)

Edited February 13, 2010 by rootbear75

[»Xog]

harhar, i jus got a 200$ speeding ticket so tough luck! shoulda been a better driver, bet u cant even 10:0 in metalgear .?buy hand eye coordination

 

and h ow do u know for sure he was jewish? well they r really bad drivers.. so probably... ARE YOU JEWISH 2?

 

The guy had a big black hat on with jew curls coming down the side of his head. He also had a neckbeard and a big black coat. So yes, he was jewish. Nothing against jews though. Just describing what I saw.

Edited February 13, 2010 by Xog

[BDwinsAlt]

Now I really feel the injuries. I'm keep all my medical bills for sure. On judge judy a guy I know wrecked a car and had to pay his friend what he paid for the car. I paid $2,000 for it. It's bluebook value is slightly more than that. All in all I think I can at least get his insurance (if he has it) to help me get another car and pay some bills. A lady I knew had a wreck (not her fault) and two days later the insurance company (the person's insurance at fault) called and asked what they could do to put them in another car and take car of any injuries. I really hope this guy has good insurance.

 

CypherJF said some insurance companies will represent you in court. I use USAA which is for Military and their family. They have awesome services and really take care of you. If at all possible, I want a nicer car/truck than I had when this is all done with. Maybe something good can come out of all this. I knew I was going to need a new truck within a year, or repair something.

 

So what kind of car should I get? I can drive a manual/automatic. I don't like big SUV's or big trucks.

Chevy Cobalt looks nice.

[»Lynx]

Sounds like a case of not being a defensive driver salted with a dash of Southern racism. Yeehaw

 

I lol'd

[BDwinsAlt]

Sounds like a case of not being a defensive driver salted with a dash of Southern racism. Yeehaw

 

I lol'd

It's really not like that at all. I took Spanish in school and worked his Hispanics a lot over the years. And no one says Yeehaw in Alabama. ANYWAY, I'm actually hurt pretty bad and have post-concussion syndrome, so I have to stay medicated for a while. He was going pretty fuckin fast when he hit me, and it didn't help that after he was already speeding, he punched the gas (maybe tried to hit the brake instead?) either way, he did absolutely nothing to make the situation better. If anything he made it a lot worse. I don't know what he was thinking, maybe he though if he got in the wrong lane I might hit him instead, make it my fault. All I know is, he was completely fine, his truck only needs minor repairs. My accelerated violently into a ditch several yards away from the impact point. My brakes did absolutely nothing to keep me from going in the ditch.

[whalz]

pretty sad, you guys need to drive more.... considering your bolting down the street in a metal smash bucket.. its good to pay attention

 

honestly, if your so hurt, and got into a crash inthe first place.. and are still under 25.... you dont deserve anything newer than 1993

 

im jewish... i have a perfect driving record (+3 points... 1 for each year no violations)

 

how did they find your forskin over your rolls?

[rootbear75]

[quote name='Whal the 2nd' date='13 February 2010 - 12:40 PM'

how did they find your forskin over your rolls?

what the fuck is wrong with you?

Edited February 14, 2010 by rootbear75

[BDwinsAlt]

This is what ending up happening. This Hispanic guy has no proof of insurance and no driver's license. I'm not even sure if he is a legal citizen. He was cited for the no proof of insurance. The report says I was the primary cause of the accident, because I was leaving private property and going into the main road. I am partially at fault even if he is drunk or speeding. The diagram the police drew doesn't make sense. It places the impact point on his side of the merdian, and the skid marks only show right before I hit the ditch. My truck was moved pretty far down the road (which is accurate on that part), but his estimated speed was 35, but I know he was going faster than that. I think the police try to protect Hispanics, because this happens a lot. Since he did not have the legal status to drive this vehicle, I believe it should be partially his fault. Had he not been driving illegally, this would not have happened. That is pretty messed up. I didn't see him and neither did the passenger. The witnesses response was really stupid I am unit 1, hispanic is unit 2,

Witness> Unit 1 pulled out and unit 2 hit him.

 

Really? Come on, no shit.

[whalz]

whhy should anyone care about a boy who touches his sister while she sleeps, and doesnt let her take pics to show the rest of us????

[Gravitron]

Oh, sweet, an authentic "I shot someone in my line of duty" blood-spills-covered police calling card!

Way to go BD, this stuff worths hundreds on E-Bay.