Author Topic: Accident update...  (Read 3255 times)

nonesuch

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Re: Accident update...
« Reply #15 on: May 26, 2015, 08:18:55 PM »
It may vary state by state, but insurance aside...in my part of the country...

There are advertisements every hour for attorneys who will take your personal injury case if you are not at fault.*

Glad you are healing.

* Actually, my boss was rear-ended in his new car (less than 100 miles on it) and the insurance companies dicked around about paying for a brand new car.  yeah, they wanted to give him $10,000 of repairs.  I was stunned, and told him so.  When he didn't go after the  other driver about any back injuries or what ever, I'd have thought they'd have been dancing in the streets while handing over a check for a new car.  Boss is an honest guy, and didn't want to fake an injury to be made whole.  But he knew a guy at one of those law firms, and finally contacted him and asked him to make a phone call.  Lo and behold, a check for a new car was cut.
« Last Edit: May 26, 2015, 08:29:40 PM by nonesuch »

calimom

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Re: Accident update...
« Reply #16 on: May 26, 2015, 08:51:03 PM »
I'm glad to hear your physical injuries are healing, SVS, and I have a pretty good idea of the emotional toll that going to court cost you.  The several times I had to appear for sentencing and for parole hearings for the man who killed my husband caused incredible stress and anxiety.  Here in California, the maximum sentence for fatality DUI is 10 years, and I aim to see he serves it all.  While I don't think of myself as a vindictive person (and I imagine you feel the same), people should be held accountable for their actions.

Glad to hear MADD has been helpful to you.  It's overall a good organization, I felt put off initially by the strident tone of our local chapter, but ultimate was helped by them and have participated in the Every 15 Minutes program a few times, and have appeared on panels of those convicted of DUI.  It can be cathartic as well as hopeful in the idea that some might be deterred from ever driving drunk.  Our laws in the US are arcane compared to other countries.  We have among the highest incidents and lowest punishments, it's a travesty.

Hopefully there will be civil recourse and fight your insurance company with every thing you've got.  You're a strong woman, I can tell by reading your words.  I was able to pull the UIM death benefit out of our coverage after a bit of a battle that went on for 9 months.  Pregnancy and delivery was easier!  But ultimately, they paid off, and truly, that's why we have insurance.

Best to you for continued healing for you and your family. 

xoxo
"I'm breaking through, I'm bending spoons, I'm keeping flowers in full bloom" - REM

SoVerySad

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Re: Accident update...
« Reply #17 on: May 26, 2015, 10:19:40 PM »
Nonesuch, I had replacement cost coverage, but it still didn't cover it all. It didn't fully pay to replace my car. They didn't consider the paperwork fees like title and tags transfer, etc. as coverable (couldn't get new car without them, of course), nor would they pay for the warranty I had (which was non-transferable). So I paid for those items out-of-pocket.

Calimom, you were on my mind throughout this whole process. The ADA I met with kept harping about it being his first arrest. I finally told her it didn't matter if it was his 1st or 10th arrest - the harm to my family was the same regardless. She also repeatedly told me how lucky I was that no one was seriously injured. I do feel fortunate in that respect as the responders on the scene and those who've seen the demolished van say it is a miracle we all survived. But we need to have laws that address the potential for someone to be seriously harmed or killed, not react only if that worst of all outcomes actually occurs, such as in your situation. It is maddening that more people don't join in demanding stricter penalties. Anyone out on the roads is at risk. It doesn't matter the time of day or night. Maximum of 10 years? Terrible. I'm so sorry. Yes, for me it isn't so much a personally vindictive response, as it truly is wanting to try to help others avoid a similar or worse fate. Tight hugs...
Without you, Baby, I'm not me.

Bluebird

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Re: Accident update...
« Reply #18 on: May 28, 2015, 06:43:44 AM »
Hi SVS,

I'm deeply sorry to hear that the person who hit you and caused injury and trauma to you and your daughter did not receive a more appropriate sentence. I'm glad you have the type of insurance that may allow you to file a suit to seek restitution via another path. Addicted or not, people who drink to dangerous levels and harm other people should feel the impact of meaningful consequences.

Take care,

Bluebird
My First Love, Peace Be Thine

canadiangirl

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Re: Accident update...
« Reply #19 on: May 28, 2015, 09:18:58 PM »
Glad for this update and to hear you are healing, SVS.