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Car Accident vol idk what to think - Page 3

post #61 of 76
Quote:
Originally Posted by Cedric Ceballos View Post


On a side note, regarding drunk driving, its been a huge pet peeve of mine when people post sobriety checkpoint locations on Facebook.
I think they more so do it to give a heads up to people driving with no license/registration or papers, and to people that might be in possession of some weed/drugs or high.
post #62 of 76
File with his insurance first. Don't go to the news. Chill. I work with accidents at an insurance company. Your sister is the claimant in this case. He is the policy holder on his insurance and will be dealt with. Insurance claims agents deal with lawyers and cases similar to these. It will be a wait in time but it can be done quicker if you keep calling back with the insurance agency to keep the ball rolling. Any insurance agency will accept a call. It's better that way so that person has to keep the claim pushed.
post #63 of 76
Thread Starter 

Small Update:

 

So the Baltimore Sun crime reporter called and got a little more information.    

 

The reason it is legal is because a field sobriety test is under the discretion of the cop.  The only way you can demand a breathalyzer is if the person is already under arrest.  Then they can force him to take it.  But since he wasn't under arrest  we couldn't forcibly make him take it.

 

 

And again. this wasn't even dudes car.  So he didn't serve, it was his mother in laws car.

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post #64 of 76
Quote:
Originally Posted by Jking0821 View Post

Small Update:

So the Baltimore Sun crime reporter called and got a little more information.    

The reason it is legal is because a field sobriety test is under the discretion of the cop.  The only way you can demand a breathalyzer is if the person is already under arrest.  Then they can force him to take it.  But since he wasn't under arrest  we couldn't forcibly make him take it.


And again. this wasn't even dudes car.  So he didn't serve, it was his mother in laws car.
I don't follow the logic though. If he is at the scene wasted, can't he be arrested? Or is this the loophole of.. Because he was out of the car and the cops didn't witness it, they can't do anything?
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post #65 of 76
Thread Starter 
Basically that's the loophole. A field sobriety test or breathalyzer is under the discretion of the officer. So the cop could say "he doesn't seem drunk I am not testing him" as I sit there and say he is wasted test him. The cop can't forceably make the guy take a test unless he is under arrest. And he wasn't under arrest.
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post #66 of 76
You could also do the I'll take a breathalyzer at the station when my attorney is present and just have dude take hours to show up so your BAC level goes down. No clue how legit that is, but I've heard about it from a lawyer I know.
post #67 of 76
There are a lot of factors in this. But depending on your sister's coverages and company, she will be indemnified immediately.

Usually in those situations where the two parties can't agree on fault, her company will provide a rental and fix her car then go after him and his insurance company to recover the losses.

But with him hitting her straight on from the back, he's automatically at fault (least in Texas). I could see how the cop downplayed the accident because there isn't any argument he could have on why he hit her. If he is clearly intoxicated though, I don't see how he just walks away without arrest or ticket.
post #68 of 76

OP sorry about that issue. yea the cops were doing buddy favors, especially after he admitted drinking that is more then enough to arrest him or even make him do a soberity test etc..

 

Then can still arrest him,for DUi but they wont, all they have to do is see where he came from ,which bars and track his receipts he paid for drinks, they would do it if it was a dui murder case

 

 

But he cant say it isnt his fault, he hit your sister from behind, for the most part it is all his fault. if your sis have insurance they will total the car out asap and cut her a check, they will go after the other person insurance

post #69 of 76
Quote:
Originally Posted by Jking0821 View Post
 

 

Because its not always "case closed"  

 

You learn that terrible people do terrible things.  This dude will lie, or dodge insurance calls or do something to make it seem like he wasn't at complete fault.  Sadly i have had this happen to me.  I was without a car for 2 months while the process got figured out, had to pay a lawyer had to go to court had to waste so much of my life because of it.



it doesnt matter. Her insurance will cover this and go after his insurance. Most higher ups already have contacts with other insurance companies. Its a buddy system and they respect each other.. Your sister will be fine if she have full coverage insurance which it looks like she probably does not since your so worried. if that is the case, your stuck waiting on their insurance. Get a insurance lawyer

 

 

post #70 of 76
Quote:
Originally Posted by Jking0821 View Post
 

 

There was a police report made.

 

Technically you are correct.  But people who get wasted and crash into you normally tend to be not the most upstanding citizens.  So i am worried about what he tells the insurance company because i was hit at a dead stopped red light and the dude that hit me lied to his insurance company and told them I swerved into his lane and he didn't react in time. 

 

 

What happen when he told the insurance company you swerved into his lane? Was he still at fault? usually it doesnt matter the person that hit from behind is at fault.

 

also here is a insurance forum

http://www.insuranceclaimhelp.org/car-insurance-claims/

 

But here is some info

 

If only automobile “C” is in motion when the incident occurs,
(a)       in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and
(b)      in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 per cent at fault for the incident.

 

post #71 of 76

i hope dude rotts in jail

post #72 of 76
Quote:
Originally Posted by WorldBreaker View Post
 

I don't think anyone is disputing whether the car will get fixed. It's whether the guy will lie to insurance denying fault causing a length investigation and more or less the ******** behavior of the police. If it does go to an investigation who knows what will happen since the guy who crashed into OP's car has police friends.

 

Just out of curiosity is the police report accurate OP? Also if you have full coverage you should get a rental while the car is in the shop.

 

 

Quote:
Originally Posted by KingKoopa View Post


You have no idea what your talking about si why comment.

If I stop suddenly and you hit me, its your fault.

If I don't have brake lights and you hit me, its your fault.

Proper distance while trailing and control over your vehicle trumps ALL.

Once again, the only thing intoxication plays a role in is him going to jail or not.

It plays no role in who is at fault with insurance companies in this case.

 

 

Kingkoopa is right. It does not matter if you swerved into his lane causing him to hit you. It is still his fault. You must maintain proper distance 2 car length and drive at proper speed. If one does that you wont be hitting persons in the rear

post #73 of 76
Quote:
Originally Posted by KingKoopa View Post


If I don't have brake lights and you hit me, its your fault.
 

Yea but you would have a hard time proving his brake lights was not working after rear ending him

post #74 of 76
Quote:
Originally Posted by JJ Watt View Post

Him being drunk / intoxicated / under the influence of medication makes it a open and shut case.

Exactly. and the settlement will be high

 

Quote:
Originally Posted by KingKoopa View Post


I'm not 100% sure, but my take is why would it.

It would certainly help in a criminal case against him.

But his drunkness doesn't raise the price of parts and labor.

Nor would your doctor add extra charges to your medical bill because of it.

 

^^^ you dont get it. If dude was arrested insurance will settle out more. If dude didnt get arrested as he did and try to lie and wiggle , insurance will settle less or try to and take longer

 

 

ALSO OP have your sis go see a Chiropractor asap, go see doctor, you never know what can be going on long term that she cant feel now

Quote:
Originally Posted by Cedric Ceballos View Post

I was thinking the same thing about the lack of concern regarding an irresponsible reckless drunk driver.

I hope everything gets resolved as best as possible op.

On a side note, regarding drunk driving, its been a huge pet peeve of mine when people post sobriety checkpoint locations on Facebook.

Its basically saying, "its ok for you to drive drunk, just don't drive drunk over here where their doing checkpoints and let me help you not get caught by posting the location"

 

NO..

 

Im running late for work, do I want to get held up for 10 mins.

 

I dont feel like dealing with jerk cops.

 

I lost my license

 

etc

 

Lots of legit reasons and anyway it is federal law for cops to post this info anyways

post #75 of 76
Thread Starter 

So everyone in the case had Geico.  So they are already fixing my sisters car. So thankfully they didn't have to go after another insurance company.  She only has liability not full coverage.

 

Went to the doctor and got X-Rays yesterday too.  So far so good.  Now just have to wait to get reimbursed.  Everything is working out now....it still doesn't sit right with me that dude got off though.

 

 

 

When i got rear ended it took about a month and they finally agreed that he was at fault.  So it worked out in the end but it was a long process of no car and phone calls.  There was $4k worth of damage done to my car too.

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post #76 of 76
Don't know if you did but you should've recorded the dude wasted as evidence and the officer giving you the run around.

If you got the money you can hire an attorney for a civil suit against the drunk driver for damages to the car and your sister. The other dude in front of your sister should be doing the same as well.
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