A Drunk Driver hit me and I have some questions.

[Early93Viper]

No not in the Viper THANK GOD


I was in my work truck (Chevy ¾ ton) sitting at a stop light (Ridgeview and Santa fee) at 1pm on the way to give my mother flowers for mothers day (like a good son). When BAM without any warning (no screeching brakes) a red S-10 plowed into me at about 30 miles an hour. I slammed on my brakes trying not to hit the driver in front of me. My incredible driving skills (LOL) avoided the other driver but the S-10 must have pushed me about 10-15 feet.

My back window broke out and I was covered in glass. I felt a little pain in my neck and in my shin but I was for the most part OK. I was a little upset but my first concern was for other the driver. I quickly got out and asked the man if he was OK. The man was stumbling around and acting a little weird. So I thought that he could have been hurt. I didn’t realize this man was PLASTERED AT 1pm on Sunday.

I asked the man to calm down, sit, and wait for the cops who I had just called. The man then (despite my objections) got up and walked a zig zag pattern to the nearby gas station. I asked him what he was doing he mumbled “calling my boss”. Evidently it was his boss’s truck. I asked if he wanted to use my phone. He ignored me and picked up his pace.

I kept one eye on my truck and the other eye on the crazy drunk guy. Then the cops showed up. The drunken guy takes his zig zag pattern of walking to get back to us. He then proceeded to tell the cop he didn’t have a license (because of a previous DUI) walked around aimlessly, and then collapsed on the ground crying in some kind of drunken stupor. The sad part is it really took me till then to figure out that this guy was drunk (IT WAS 1pm!!). Needless to say the cops took him away in handcuffs.

My questions for the insurance savvy:

This is one of my work trucks for my company. Do you think the insurance company will give me a rental a 3/4 ton truck with a hitch?

Any chance of the insurance company paying for any lost revenues my company might have? Since this is my busy season.

How long does a normal claim take? I need to get this truck up and running.

 

[Bonkers]

First off, I'm glad you're okay.

I can't give you definitive answers to your direct questions but I've personally known people to breeze through the rental issues and then waste away on recieving loss revenue. Count on your downtime being a total loss then if you do receieve something you'll feel better about it.

Some free personal expereince for anyone who has never been in this situation - NEVER LET A SUSPECTED DRUNK OUT OF YOUR SIGHT FOR A SECOND!!! In this case for example if the other driver had dissapeared, managed to get hold of another source of alcohol, and chugged it before the cop arrived you would have absolutely no proof of DUI and a 100% tougher case to plead.

 

[Warfang]

#1. Thank God you're ok.
#2. Thank God it wasn't your Viper.

******** like that need to be locked up for life after the second offense... they're no better than child molesters in that they will offend repeatedly without a second thought. I have read of people with 3...4...5...6...or more dui arrests. Stop the madness... lock em up for life, or cut off their arms and legs or dig out their eyeballs so they cant drive anymore.

Didn't mean to get midieval on you guys, but I have friends that are still in severe pain today because a bastard like that hit them 8yrs ago.

 

[JUCD VPR]

#1. Thank God you're ok.
#2. Thank God it wasn't your Viper

I couldn't have said it any better!

 

[vipergts2000]

I will ask my GF in the morning....She works for Allstate as a claims adjuster

 

[Early93Viper]

Thanks all

My headgasket blew on my viper and my truck got hit by a drunk driver all in the same week. I am Glad that week is over.

 

[Janni]

#1 - Glad you are OK.
#2 - Glad it was a 3/4 ton truck - you needed all the bulk around you!

First off - GO TO A DOCTOR. Now. That was a good solid wack. Injuries to the neck and back don't always show up right away (and no, I am not a personal injury attorney...) but, after the accident, your adrenaline will cover a lot of things. Do not mess around.

Next - assuming he was insured, or assuming you have uninsured/underinsured coverage - you should be fine. If you are working withhis insurance (or his boss's) then tell them that this truckis your livelihood and you WILL bemade whole while they figure out how this will get repaired. Accept nothing less than what you need to get your work done. Otherwise,they should be prepared for paying you to sit around while your truck is repaired. Then, also contact your insurance company - esp if you have coverage like I mentioned above - they can help you and fight for what you deserve. This is the best csae for your insurance - they can help you and not pay out a dime - it makes them look good.

So, bottom line - you were a complete VICTIM here and should not suffer losses or pain because of what this idiot did - feel free to remind the other insurance company of this and mention the Dr. - they will pay more attention to a claim with a potential medical part, too.

Good luck and glad you were OK.

 

[Gerald Levin]

NEVER LET A SUSPECTED DRUNK OUT OF YOUR SIGHT FOR A SECOND!!!

Agree 100%. My a-hole ex-brother-in-law was an attorney (now disbarred) that remarked many times that if you are in an accident and you are drunk, WALK AWAY! If you can get away and report your car stolen, you have a better chance of beating this than waiting for the police. This is the same a-hole that swindled me out of a lot of money so his advice is probably on par with his ethics. So always keep the drunken bastid in sight.

 

[Early93Viper]

Called his insurance company who told me: HE HAS NO INSURANCE ANYMORE. Thats just great. Looks like it might be going on my insurance and they can sue the guy. I just want to get this over with.

 

[2000GTS]

Agree 100%. My a-hole ex-brother-in-law was an attorney (now disbarred) that remarked many times that if you are in an accident and you are drunk, WALK AWAY! If you can get away and report your car stolen, you have a better chance of beating this than waiting for the police. This is the same a-hole that swindled me out of a lot of money so his advice is probably on par with his ethics. So always keep the drunken bastid in sight.

Happened with a women here in Miami. The person in the other car died, she left before the police could interview her. She turned herself in the next day. Witnesses said she was drunk, but there's no way to prove that a day later. The charge for leaving the scene of an accident is far less then vehicular man slather. In this case your scumbag lawyer in-law was right.

Bill

 

[Andy 98 RT/10]

That has to be a real pain to deal with, I'm glad your Viper's okay though.

 

[prodiver]

Ift that truck belonged to his boss then sue him. If you have to resolve this through your insurance company it is going to go against your driving record and your rates are going to go way up. Maybe the driver didn't have insurance but the company truck sure should have. That company should be bending over backwards to accommodate you to try to prevent a law suit. If the owner of that company was letting that idiot drive with no licensee then he is in big trouble. Don't get your insurance company involved unless you have to. Your rates will go up regardless of who is at fault.

 

[Early93Viper]

Ift that truck belonged to his boss then sue him. If you have to resolve this through your insurance company it is going to go against your driving record and your rates are going to go way up. Maybe the driver didn't have insurance but the company truck sure should have. That company should be bending over backwards to accommodate you to try to prevent a law suit. If the owner of that company was letting that idiot drive with no licensee then he is in big trouble. Don't get your insurance company involved unless you have to. Your rates will go up regardless of who is at fault.

The company has no Insurance.

 

[Bonkers]

You should have an uninsured motorist claus on your insurance to cover this. If the other guy is found 100% at fault (pay attention, the first move an attorney is going to make is to try to prove you slammed on your brakes and stopped needlessly and thus causing the accident - standard operating procedure) then, at least in most states, the insurance company cannot increase your rates as a result and the incident can not be put to your perminate record - though there's no law saying they cannot try anyway.

 

[got one]

Glad you are not hurt severly. Sorry to hear about the accident. Drunk...on a Saturday...in his Boss' truck...sounds like a winner of a guy.

 

[Batboy]

The company may not have insurance but they do have assets. Get a lwayer. A good one. That would be my best advice. Then you can listen to theirs. Good luck and sorry this happend. Thankfully the snake be okay.

 

[94RT10Ohio]

Thanks all

My headgasket blew on my viper and my truck got hit by a drunk driver all in the same week. I am Glad that week is over.

If your head gasket would not have blown would you have been driving the Viper to moms? The head gasket blowing could have been the best thing that ever happened to your Viper!

I think a lot of it has to do with your insurance and coverages.... Loss per accident ect. You could easily sue the other company for loss of revenue since it was a company truck that hit you/ The fact that the person was an employee, without a license, driving a company truck and drunk.... That company will settle out of court if at all possible.

 

[Warfang]

The company has no Insurance.

Then I hope you sue the f#*k out of the guy and his company. When you get filthy rich... you'll need to buy anyone that flashes you a Viper key a beer.

 

[andrew8896]

I'll never get the drinking and driving thing... why would anyone ever do it? This just happened in the detroit area, its heartbreaking... sounds like the father of in the victims family got to bury his wife and two kids over mother's day weekend.

Cops: Driver was intoxicated
Farmington Hills police say man in fatal crash had five times legal alcohol limit.

FARMINGTON HILLS -- Police said Wednesday a motorist involved in the four-car crash that killed a woman and her two young sons had a blood-alcohol level of 0.43 -- more than five times the legal limit.

Judith Reiff Weinstein, 49, and sons Alex, 12, and Sam, 9, died Tuesday after their 1999 Honda was slammed by a 2005 GMC Yukon Denali on 12 Mile near Orchard Lake Road. Police identified the Yukon's driver as Thomas Keith Wellinger, 48, of Farmington Hills.

Wellinger, a Texas-based computer software company employee, was in critical condition Wednesday in Beaumont Hospital with a broken neck. Farmington Hills Police Chief William Dwyer said Wellinger's blood was taken at the hospital under a search warrant.

Dwyer said the investigation is expected to conclude today and be sent to the Oakland County Prosecutor's Office for review and possible charges that could include operating a vehicle under the influence, causing death, punishable by up to 15 years in prison.

"It was shocking. A 0.43 blood-alcohol level is something that many people would not be able to survive," Dwyer said. "We take people to the hospital with a 0.30 level, because of concerns about their health. In the history of our traffic investigations, we've never seen a level this high where the drinker survived."

The crash renews fears over drinking and driving and led to questions not only about where Wellinger was that day, but how he managed to drive with so much alcohol in his system.

Under Michigan law, a person is considered intoxicated with a 0.08 level. A 0.35 level causes an effect similar to surgical anesthesia and could interrupt breathing.

At a 0.40 level, authorities estimate a person could easily lose consciousness, become comatose or die.

Wellinger's alcohol level indicates he had been drinking for several hours and perhaps at more than one location, Dwyer said.


****** charges filed in Oakland County triple fatal
EDITOR'S NOTE - Charitable contributions may be made to the Landmark Forum c/o Landmark Education, 33454 Seven Mile Road, Livonia MI 48152, or to UNICEF.

Thomas Wellinger, 48, of Farmington Hills had a blood alcohol level of 0.43 percent, more than five times the 0.08 percent level that constitutes drunkenness under Michigan law, authorities say.

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Oakland County Prosecutor David Gorcyca said that in addition to driving drunk, Wellinger was traveling at 70 miles per hour in a 40 mph zone, weaving in and out of traffic and trying to pass in the center lane.

Taken together, Wellinger's actions constitute "wanton and reckless disregard for life likely to cause serious injury or death," a standard for second-degree ******, Gorcyca said. If convicted, Wellinger could get up to life in prison.

Besides ******, Wellinger was charged with three counts of drunken driving causing death. That could bring up to 15 years in prison.

The prosecutor called the crash a "senseless tragedy" caused by a man driving "blind drunk."

Wellinger suffered a broken neck and head injuries. He was under police guard at Beaumont Hospital in Royal Oak, where he was arraigned Thursday evening.

Defense lawyer Mitchell Ribitwer protested the arraignment, saying his client's condition made it impossible for him to knowingly participate. Ribitwer said he would ask to have the hearing repeated.

"Mr. Wellinger has no clue what's going on around him right now," the lawyer told WXYZ-TV.

Wellinger had no previous drunken driving cases against him, Gorcyca said. Police were trying to learn where he did his drinking Tuesday to see if any bar or restaurant might share responsibility for his condition.

 

[wesman]

That's the reason for uninsured motorists insurance. I have had a claim on UM and it didn't raise my rates one cent.

--wes