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Thread: DUI Driver Takes Out My Tow Vehicle... :(

  1. #1
    Administrator David Hodgkins's Avatar
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    DUI Driver Takes Out My Tow Vehicle... :(

    A week ago+ (Friday 10/7/2016) my family and I were sitting in the living room watching TV when we heard a very loud boom. We ran out front to find a 2015 Toyota Celica had struck my 2000 Ford Excursion, pushing it up on to the curb and into my son's 1966 Mustang GT coupe. The force of the impact was taken primarily by the rear wheel and the front wheel of the Celica, which was thrown into the air - setting off all the airbags - and was flung across the street coming to rest just one foot from another car.



    The Excursion rear driver wheel was pushed forward after breaking off the leaf spring, pushing through the front wheel arch metal. The body deformed enough so that the driver's rear door is overlapping the body and can't be opened. The body / door gap on the opposite side is enlarged but the door operates:








    When we ran outside the first reaction was to make sure the driver of the Celica was OK. He was dazed, but otherwise unhurt. We very quickly realized he was under the influence when he stated that he hadn't hit anything, and his speech was slurred. A quick call to 911 was made by my daughter. While waiting for the police to arrive the Celica driver messed around with items in his front seat. Soon enough we had local PD and fire on the scene. They didn't give him a field sobriety test right away, but he was "sat" on the curb and and the scene was investigated by now 2 rollers. After some time the gent was given a field test as a paddy wagon arrived. He was then arrested for DUI and possession of a controlled substance.



    So here's why I posted. Not for a pity party, but to ask you all what you think my options are. He was insured, and since I only have collision on my now 17 year old truck I am dealing with his insurance company. They have already determined that it would take more to fix the truck than it it worth. I guess I have the option to have it fixed but the frame is bent and that eliminates towing in my eyes. I have a 26' travel trailer I got in '95 that is in great shape, not to mention that I pull auto trailers occasionally...

    Bottom line is that they are only offering ~7600 for my truck. I love that truck. I bought it new. I can't replace it for 7600. Is there anything I can say to the insurance company to try and get a higher settlement?

    Lastly - and I hate to ask this question - is there a basis for action against the guy who hit me?

    FFR 5369 Pin Drive, IRS, Trigos, Torsen, Wilwoods, FMS BOSS 302 "B" cam , Mass-flo. CA SB100 (SPCN) Registered
    Delivered 4/23/06. "Finished" 4/2012 (still not done!)


  2. #2

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    Sorry to hear this. Give me a call tomorrow (four one two six five one four six three four) and I would be happy to offer my thoughts.

  3. #3
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    I'm glad he didn't roll into your house. That happened to a lady who lived down the street from me on the corner. Happened TWICE before she planted some very large trees in her front yard. A year later, they stopped a third car. Seriously, glad you're OK.

  4. #4
    cobra Handler skullandbones's Avatar
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    David,

    I would persist with the adjustor and if he/she will not agree get another one assigned to the case. They like to act as if they are the experts and sometimes treat you like an outsider or can even be condescending or worse. With your experience and knowledge of your vehicle you probably know enough to challenge the estimate. Just be factual and question the estimate if they have even given you one. Sometimes, it's easier for them to just say it's totaled. If a good shop can fix your vehicle you will come out better usually.

    Good luck,

    WEK.
    FFR MkIII 302 (ATK), EFI 75mm TB with custom box plenum chamber, 24# injectors, 4 tube BBK ceramic, cold air sys, alum flywheel, crane roller rockers, T5, Wilwood pedals, custom five link with Watt's link, 4 rotors, coil overs, power steering with Heidt valve, alum FFR rad, driver's crash bar mod, mini dead pedal mod, quick release steering wheel hub #6046

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    In my view, you would need enough money to replace the Excursion with a vehicle of the same capability and in the same condition, which will probably cost more than 7600. I don't see how market "blue book" value plays in - you weren't looking to sell it because it's worth more to you than it would be to the average buyer. The value to you is what should be insured.

    That's why I liked my stated value policy on my Roadster with State Farm so much. I never had to use it, but it was nice to know it was insured for what it was worth to me.

    FWIW, I say go after the drunk for everything he's got. He's lucky he didn't kill anybody. What's the damage to the Mustang?

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    Carl carlewms's Avatar
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  7. #7
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    So sorry to hear that. Obviously the cost is one thing, but the hassle can be a much higher a cost.

  8. #8
    Senior Member 2FAST4U's Avatar
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    That really sucks. He must have been going really fast. Hope it all,works out in your favor

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    Senior Member KDubU's Avatar
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    Wow David, thankfully he did not hit your house with your family inside. I hope you can get what you need from insurance.
    Kyle

    Complete Kit pickup 09/05/2015, 351w, QF680, 3.55, 3-Link, 15" Halibrands with MT's, Painted Viking blue with Wimbledon white stripes on 03/15/2017. Sold in 08/2018 and totally regret it.

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    Administrator David Hodgkins's Avatar
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    FINALLY... resolution!

    Thanks for all the advice guys.

    It looks like this ordeal is now in my rear view mirror, pun intended...

    As far as insurance payout goes, I decided that I would take what they were offering because I have enough stress in my life. And standing back, I had to come to the realization that our truck was 17 years old and had quite a few flaws. So in the end the payout was in the ballpark for what we had.

    My wife and I have been reading the classifieds for weeks and took several trips to San Diego, the inland empire and as far north as Oxnard and Valencia looking at potential candidates. The low point was when we called a dealer to tell them we were driving down to San Diego to seal the deal and he called us while we were en route to tell us he sold the truck!

    We had to "get over" the fact that we were buying used and the truck wouldn't be perfect. That was HARD! Finally, after 4 WEEKS of futile searching, a truck came on the market this week with relatively low mileage at a good price so I took time off from work yesterday (for the 3rd time during this ordeal) and we - once again - drove down to San Diego to see if we could make something happen.

    The truck wasn't top-of-the-line like ours was but appeared to be in decent shape, drove well and the price was pretty good so we pulled the trigger!

    Meet Big Red (or as my youngest calls it "Barry the Fire Truck":



    Only 81K on the odometer (ours had 150K). Not as many bells and whistles like I said but a decent enough replacement. I'm out around $1500 and am now driving a truck I'm not familiar with but we were so sick of the search and are very happy it's over!

    Thanks again for the advice and encouragement while we worked this thing out!


    FFR 5369 Pin Drive, IRS, Trigos, Torsen, Wilwoods, FMS BOSS 302 "B" cam , Mass-flo. CA SB100 (SPCN) Registered
    Delivered 4/23/06. "Finished" 4/2012 (still not done!)


  11. #11
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    David, that's how the insurance game is played. They deduct for rusty bumpers, scratches, etc. Happened to me the same way, no DUI, but guy totaled my Tahoe. Got Blue Book less deductions. Glad your family is ok. The new(old) truck actually looks good! Len

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    What happened to ur son's 1966 Mustang GT coupe?

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    Administrator David Hodgkins's Avatar
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    Quote Originally Posted by speedfreak1211 View Post
    What happened to ur son's 1966 Mustang GT coupe?
    That's still up in the air. They are looking at the transmission to "determine" if it was damaged by the accident. The original bumper unfortunately was replaced but they saved the rear valence...

    PS Welcome to the forum!


    FFR 5369 Pin Drive, IRS, Trigos, Torsen, Wilwoods, FMS BOSS 302 "B" cam , Mass-flo. CA SB100 (SPCN) Registered
    Delivered 4/23/06. "Finished" 4/2012 (still not done!)


  14. #14
    Senior Member AC Bill's Avatar
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    David, actually $1500 more, for 70,000 miles less, isn't a bad deal if you look at it that way.
    Was it the exact same year?

    Been a few years now since I was dealing with insurance company's, collision repairs, and vehicle write-off settlements, but I'm pretty sure nowadays most larger, modern insurance companies, use a dedicated internet service, to get vehicle values. It has a program that compiles information on the values of vehicles of all makes, models, and years. They insurance agent feeds the info on the vehicle involved, and the program does a search, and kicks out values of several recent sales transactions, that meet the same criteria. This data is constantly being updated, so the current market value is usually fairly accurate. It will show the low range and the high range prices, usually depending on mileage, and options. The key thing before settling is, ask to look at the data, as he may have rec'd some prices from a slightly different model, or one with less options. This usually happens if your car is a unusual model, or year, that there have very few recent transactions. The program defaults to similar models that it could find. A good agent would usually do further research manually, to gather a truer perspective on the value..But not all will. Some may throw a number at you, and see if it sticks.. That can make quite a difference on the values listed.

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    Senior Member fastzrex's Avatar
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    Good to hear it worked to your satisfaction. It is possible your could do a small claims court against the driver for the $1700, but in the end it is not worth the hassle, in my opinion. Unfortuanately it does not fell like you are not made 'whole' even though you had nothing to do with the incident.

    ~ Mark

  16. #16
    Administrator David Hodgkins's Avatar
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    Quote Originally Posted by speedfreak1211 View Post
    What happened to ur son's 1966 Mustang GT coupe?
    I have an update on that. The insurance company told the transmission guy to open the T5 so they could inspect it. They then came out and determined that the trans was used and ready to fail anyway so they denied the claim. So not only am I out the difference in the truck, now I owed $500 to the trans guy and that's BEFORE fixing the transmission.

    Well, I had a little panic attack at this news but then struck a deal with a very prominant vendor to upgrade to a TKO600, bellhousing and clutch. Then my wife heard about it.

    After digging myself out of the rubble caused by THAT nuclear meltdown my wife got on the phone and let the insurance guy know what HER thoughts on the subject were and they changed their tune right QUICK! $1800 was put in the mail to us the next week.

    Now unfortunately I had no idea that a TKO600 will NOT fit in the transmission tunnel of a '66 mustang! So after I installed the clutch and bellhousing and tried to install the TKO, I did a search and found out that I had 2 options. Cut the tranmission tunnel, of machine the TKO. I sent the TKO out for machining and just got it back. I'll post update pics of the machining soon. I'm in the process of moving the transmission support bracket back 2-3/8 inches. THEN the TKO can be installed.

    So the saga continues. I'll update tonight after working on the '66 some more...


    FFR 5369 Pin Drive, IRS, Trigos, Torsen, Wilwoods, FMS BOSS 302 "B" cam , Mass-flo. CA SB100 (SPCN) Registered
    Delivered 4/23/06. "Finished" 4/2012 (still not done!)


  17. #17

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    Ray's Avatar
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    The insurance company wanted the trans inspected on your dime?

    Nope, they are the ones who want it looked at, they should damm well pay for the inspection.

    Ray
    I'm not getting gray, I'm adding chrome....

    “Under-steer is when you hit the wall with the front of the car and over-steer is when you hit the wall with the rear of the car. Horsepower is how fast you hit the wall and torque is how far you take the wall with you.”
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  18. #18
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    Quote Originally Posted by Ray View Post
    The insurance company wanted the trans inspected on your dime?

    Nope, they are the ones who want it looked at, they should damm well pay for the inspection.

    Ray
    Absolutely YES; I am with Ray on this!!

    WOW, I am glad your wife got on the phone. Although I bet the insurance company wasn't as pleased. HA!

    I hope it all gets worked out OK.

    Regards,

    Steve

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