Wife wrecked the van

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Originally Posted by grampi
Nope, not on her phone...she won't even look at her phone when she's driving...


Okay, but if the airbags deployed and a 2015 vehicle is totaled, she hit them awful hard. I don't think the "he stalled" thing is really an adequate explanation...
 
Originally Posted by KrisZ
I'm glad nobody was hurt.
One thing I would do is write down the sequence of events while it is still fresh in your wife's memory. She may have to repeat it few weeks, months down the road and if it differs in any meaningful way, you may have a problem.


I did just this when I was hit. I gave a recorded statement to my insurance company and, from then on, referred any questions to that statement. My issue went on for YEARS, which is an impossible amount of time to remember all of the details.
 
Glad everyone was fine. From an insurance/traffic perspective, at least up here, the only argument you'd have against an unlit obstruction (i.e. a vehicle stopped in the middle of the road) is if it were at night. Even then, if it were up here, at best you might win the ticket (but probably not) and be hit with say 75% at fault instead of 100%, which, by our insurance laws, is still 100% so it doesn't mean a thing except feeling better about oneself.
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The best reason to get a lawyer is if there is conflict between yourselves and your own insurance company.

The insurance lawyers will deal with any 3rd parties... that's why you paid your premiums.
 
I once was not paying attention to cars in front of me in some stop & go traffic and hit the car in front on me lightly. I pulled over to a parking lot. The car I hit never stopped. I am thinking he had a reason to take off.
 
Originally Posted by fdcg27
I'm glad to hear that neither your wife nor the other driver were hurt.
I'd carefully review the penalties allowed under that section of the ORC which your wife was cited as violating.
Generally, hitting a stationary vehicle is hard to defend and most courts will not look kindly upon folks wasting their time.
Sometimes it's best just to chalk it up and move on.
We had a similar accident locally a month or so ago in which a Sequoia was run into the back of a rig illegally parked on the shoulder near a rest area. The semi driver was cited for illegal parking but the driver of the Toyota ended up with the county coroner.


Actually, after looking more closely at her ticket, appearing in traffic court is not an option... it's mandatory...
 
Review the comments here and heed the small stuff. For instance, member Hound stated to "trust no one" regarding who you talk with and what you discuss. If you have never navigated the justice system, you will not believe what goes on. In my wife's instance detailed in my first post, the opposing lawyers tried to bring up the idea that my wife failed evasive actions - to drive into a deep ravine in order to avoid the head-on vehicle in her lane.
- At minimum, talk with your insurance lawyers before appearing in court (if you choose not to get your own lawyer). She needs to be VERY careful what she states. Any tiny detail can be manipulated by opposing lawyers.
- Get the accident report asap so you can see what was recorded by the police.


Having said all this, if you are lucky, the other person actually has no injuries. The insurance companies should handle most of this, often without you even being involved.
 
Sorry to hear this. Stuff happens. That's what insurance is for. And a good clean record (excepting this one incident).
 
Grampi
Sorry for everyone busting your behind here, but better get it busted here than in court.

How fast was she going?
The vehicle has the last x seconds in their logs, which logs everything, Do you know how to retrieve this? This may tell if she applied her brakes etc.
 
Originally Posted by BMWTurboDzl
Get a lawyer and get mods to delete this thread.


Why?
 
Originally Posted by stockrex
Grampi
Sorry for everyone busting your behind here, but better get it busted here than in court.

How fast was she going?
The vehicle has the last x seconds in their logs, which logs everything, Do you know how to retrieve this? This may tell if she applied her brakes etc.


Don't know, but my wife is typically not a speeder. I think the speed limit was either 35 or 45 on the section of road she was on. We no longer have access to the van. It's at the wrecking yard and has been released to our insurance company...she applied the brakes alright, she said she remembers the brake pedal vibrating right before the impact...
 
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Assuming the wife's insurance is valid and paid up, it will respond to the other drivers claim on his car as well as any injuries to that driver. The deductible doesn't apply to the damage to the other driver's car.

Assuming the wife's insurance included collision coverage, and is valid and paid up then the damage to the wife's car will be fixed/paid by the wife's insurance, less the deductible.

There shouldn't be any need to worry about the money to fix the cars and the other driver's medical bills. That is what insurance is for. Inform the wife's insurer of the accident and let them deal with everything. Eezy-Peezy
 
Originally Posted by SeaJay
Assuming the wife's insurance is valid and paid up, it will respond to the other drivers claim on his car as well as any injuries to that driver. The deductible doesn't apply to the damage to the other driver's car.

Assuming the wife's insurance included collision coverage, and is valid and paid up then the damage to the wife's car will be fixed/paid by the wife's insurance, less the deductible.

There shouldn't be any need to worry about the money to fix the cars and the other driver's medical bills. That is what insurance is for. Inform the wife's insurer of the accident and let them deal with everything. Eezy-Peezy


There were no injuries to my wife or the other driver. The other driver even told the cop who responded he was not injured. The only damages our insurance will have to pay for is our van, and the damages to the other vehicle...
 
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