Wife wrecked the van

[Al]

Originally Posted by DoubleWasp
Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.

Seems like an excellent idea to me. Thanks..if it ever comes up that is a great plan.

 

[grampi]

Originally Posted by DoubleWasp
Originally Posted by grampi
My wife rear ended a vehicle that was stalled in her lane Friday. Nobody was hurt in either vehicle, but our 2015 Sienna will probably be totaled. The radiator was pushed back into the engine and every air bag deployed. I'll take a totaled out vehicle over an injured wife! She was given a ticket, but she is going to court to fight it because the person in the stalled vehicle didn't have his 4 ways on, nor were his brake lights on. Worst case scenario my wife will be found totally at fault, best case maybe she can at least get the insurance part dismissed. In most collisions the driver that did the rear ending is usually found to be at fault, but it's worth a try. I never imagined the hoop jumping chain of events an accident like this puts into motion. Between filing an insurance claim, dealing the emotional stress my wife is going through, contacting rental car companies, contacting the bank we have the vehicle loan through, searching for a replacement vehicle (she wants another Sienna), and on and on. It's not much fun...I just keep telling myself, it could've been worse


Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.


I just called an attorney and she said the first court date for my wife is the arraignment. If she pleads not guilty, then it goes to court, or trial, whatever that part is called. She will have to plea not guilty to get the ticket either thrown out, or to share the fault with the driver she hit. A guilty or no contest plea will leave her fully at fault. This lady said the attorney fee could be as much as $1400...

 

[JTK]

Originally Posted by DoubleWasp


Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.


I agree that it can't hurt, but I don't understand what this will do for you if in 2yrs and ~360 days from the incident, you find out you are being sued for a neck/back injury stemming from the rear-end collision.

Again, I only wish the best for Grampi and this situation, but Grampi or anyone, feel free to PM me on my experience with the above nightmare scenario.

Slime ball attorneys are all over this because it's a win to some degree every time for them.

 

[Willclark]

I just called an attorney and she said the first court date for my wife is the arraignment. If she pleads not guilty, then it goes to court, or trial, whatever that part is called. She will have to plea not guilty to get the ticket either thrown out, or to share the fault with the driver she hit. A guilty or no contest plea will leave her fully at fault. This lady said the attorney fee could be as much as $1400...

Actually, that is pretty cheap for a attorney. Traffic and criminal lawyers are usually the cheapest types of lawyers.

 

[DoubleWasp]

Originally Posted by grampi
Originally Posted by DoubleWasp
Originally Posted by grampi
My wife rear ended a vehicle that was stalled in her lane Friday. Nobody was hurt in either vehicle, but our 2015 Sienna will probably be totaled. The radiator was pushed back into the engine and every air bag deployed. I'll take a totaled out vehicle over an injured wife! She was given a ticket, but she is going to court to fight it because the person in the stalled vehicle didn't have his 4 ways on, nor were his brake lights on. Worst case scenario my wife will be found totally at fault, best case maybe she can at least get the insurance part dismissed. In most collisions the driver that did the rear ending is usually found to be at fault, but it's worth a try. I never imagined the hoop jumping chain of events an accident like this puts into motion. Between filing an insurance claim, dealing the emotional stress my wife is going through, contacting rental car companies, contacting the bank we have the vehicle loan through, searching for a replacement vehicle (she wants another Sienna), and on and on. It's not much fun...I just keep telling myself, it could've been worse


Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.


I just called an attorney and she said the first court date for my wife is the arraignment. If she pleads not guilty, then it goes to court, or trial, whatever that part is called. She will have to plea not guilty to get the ticket either thrown out, or to share the fault with the driver she hit. A guilty or no contest plea will leave her fully at fault. This lady said the attorney fee could be as much as $1400...



Things sure do work differently in OH. When I went through this, I paid $89, never went to court, and got a letter in the mail notifying me of the dismissal. But this is FL.

 

[DoubleWasp]

Originally Posted by JTK
Originally Posted by DoubleWasp


Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.


I agree that it can't hurt, but I don't understand what this will do for you if in 2yrs and ~360 days from the incident, you find out you are being sued for a neck/back injury stemming from the rear-end collision.

Again, I only wish the best for Grampi and this situation, but Grampi or anyone, feel free to PM me on my experience with the above nightmare scenario.

Slime ball attorneys are all over this because it's a win to some degree every time for them.


The finding of fault is a huge factor is every level of this type of case. Basically, the see-saw becomes significantly less tilted against his wife.

Without a that finding of fault, it becomes harder to do everything against his wife and insurance company. More likely for them to fold and walk away, or at least achieve a better result.

When I had my accident and got my ticket dismissed, everything came to a halt. No more calls, no premium hike, everything disappeared back into the woodwork and was never heard from again.

 

[JTK]

Originally Posted by DoubleWasp


When I had my accident and got my ticket dismissed, everything came to a halt. No more calls, no premium hike, everything disappeared back into the woodwork and was never heard from again.


In the case of my wife, there was a police report, but no tickets written due to no visible damage and no complaints from any of the involved parties.

We still got sued for negligence and lost years later.

 

[MrMoody]

Originally Posted by JTK
In the case of my wife, there was a police report, but no tickets written due to no visible damage and no complaints from any of the involved parties.

We still got sued for negligence and lost years later.

This should have been covered by the insurance policy you had at the time of the incident, up to the policy limits.

Folks, look at your insurance liability limits, and decide if they would be enough in a worst-case scenario.

 

[JTK]

Originally Posted by MrMoody
Originally Posted by JTK
In the case of my wife, there was a police report, but no tickets written due to no visible damage and no complaints from any of the involved parties.

We still got sued for negligence and lost years later.

This should have been covered by the insurance policy you had at the time of the incident, up to the policy limits.

Folks, look at your insurance liability limits, and decide if they would be enough in a worst-case scenario.



It was. All legal services were paid for and the settlement was paid for by the insurance carrier my wife had at the time.

 

[gathermewool]

Originally Posted by DoubleWasp
Originally Posted by JTK
Originally Posted by DoubleWasp


Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.


I agree that it can't hurt, but I don't understand what this will do for you if in 2yrs and ~360 days from the incident, you find out you are being sued for a neck/back injury stemming from the rear-end collision.

Again, I only wish the best for Grampi and this situation, but Grampi or anyone, feel free to PM me on my experience with the above nightmare scenario.

Slime ball attorneys are all over this because it's a win to some degree every time for them.


The finding of fault is a huge factor is every level of this type of case. Basically, the see-saw becomes significantly less tilted against his wife.

Without a that finding of fault, it becomes harder to do everything against his wife and insurance company. More likely for them to fold and walk away, or at least achieve a better result.

When I had my accident and got my ticket dismissed, everything came to a halt. No more calls, no premium hike, everything disappeared back into the woodwork and was never heard from again.


My skin sort of crawls every time I read something like this. So far, the OP hasn't provided any information that leads me to believe his wife is less than 100% at fault. What kind of world do we live in, where those who are at fault try to pass some of the blame to the offended party? Ugh

 

[Kjmack]

Well I was told the OP likes to participate in a grass that in many places is frowned upon . I wonder if the better half likes that hobby also . I tried to say this in a way I don't get banned for a week . It dulls the reaction time

 

[JTK]

Originally Posted by MrMoody


Folks, look at your insurance liability limits, and decide if they would be enough in a worst-case scenario.




A good point in that you need to be protected, but if there's any light at the end of the tunnel with this, it is difficult, risky and very expensive for someone to sue you in a liability case like we're talking here, for more than your plan limits.

 

[DoubleWasp]

Originally Posted by gathermewool
Originally Posted by DoubleWasp
Originally Posted by JTK
Originally Posted by DoubleWasp


Hire a lawyer. Getting the finding of fault dismissed in Court will go a long way towards getting out of this one.


I agree that it can't hurt, but I don't understand what this will do for you if in 2yrs and ~360 days from the incident, you find out you are being sued for a neck/back injury stemming from the rear-end collision.

Again, I only wish the best for Grampi and this situation, but Grampi or anyone, feel free to PM me on my experience with the above nightmare scenario.

Slime ball attorneys are all over this because it's a win to some degree every time for them.


The finding of fault is a huge factor is every level of this type of case. Basically, the see-saw becomes significantly less tilted against his wife.

Without a that finding of fault, it becomes harder to do everything against his wife and insurance company. More likely for them to fold and walk away, or at least achieve a better result.

When I had my accident and got my ticket dismissed, everything came to a halt. No more calls, no premium hike, everything disappeared back into the woodwork and was never heard from again.


My skin sort of crawls every time I read something like this. So far, the OP hasn't provided any information that leads me to believe his wife is less than 100% at fault. What kind of world do we live in, where those who are at fault try to pass some of the blame to the offended party? Ugh


I never suggested in any way, shape, or form that blame should be put on the other driver. I have no idea where you read that, but it wasn't in my post.

 

[gathermewool]

Originally Posted by Kjmack
Well I was told the OP likes to participate in a grass that in many places is frowned upon . I wonder if the better half likes that hobby also . I tried to say this in a way I don't get banned for a week . It dulls the reaction time


Based on your logic, because I drink; therefore, I must drink and drive, too, right???

 

[Kjmack]

Originally Posted by gathermewool
Originally Posted by Kjmack
Well I was told the OP likes to participate in a grass that in many places is frowned upon . I wonder if the better half likes that hobby also . I tried to say this in a way I don't get banned for a week . It dulls the reaction time


Based on your logic, because I drink; therefore, I must drink and drive, too, right???

Instead of drinking why dont you turn your thermostat up , win , win . I dont know if you drink and drive that's your business . But that guy I'm talking about was bragging on here once how nobody can tell when he smokes the left handers . To each their own vices but don't put other people at risk driving on stimulants or other oddities .

 

[gathermewool]

Originally Posted by Kjmack
Originally Posted by gathermewool
Originally Posted by Kjmack
Well I was told the OP likes to participate in a grass that in many places is frowned upon . I wonder if the better half likes that hobby also . I tried to say this in a way I don't get banned for a week . It dulls the reaction time


Based on your logic, because I drink; therefore, I must drink and drive, too, right???

Instead of drinking why dont you turn your thermostat up , win , win . I dont know if you drink and drive that's your business . But that guy I'm talking about was bragging on here once how nobody can tell when he smokes the left handers . To each their own vices but don't put other people at risk driving on stimulants or other oddities .

What in the heck does having a couple of beers here and there have to do with the thermostat??? Are you insinuating that the ~$40/month I pay in beer is equivalent to the hundreds I'd have to pay to keep the whole house as warm as we keep our pretty large master BR??? What a weird statement!

Grampi, the OP, was bragging about smoking and driving? If not, then, AGAIN, what in the heck are you talking about!?

 

[Willclark]

I don't think you can assume she was smoking marijuana and driving when she hit the car. Although, I always wondered how the police arrest someone for driving "under the influence of marijuana or narcotics" when marijuana can stay in you're system for weeks. Does anyone know, if they have a specific blood draw that can identify if you are high at the time of arrest???

 

[Kjmack]

Originally Posted by Willclark

I was by no means saying she was doing it at the time . I'm probably 100% right in that assumption . But it does bring up the subject of how long a buzz dulls your sense of reaction . I can say that all the legalization of pot is going to cost everybody a lot of money in the long run more than the taxes is going to bring in .

 

[The Critic]

grampi, what are your policy's liability limits? Do you have an umbrella?

The insurance carrier will have to accept liability on your behalf for this accident. It is extremely difficult for them to demonstrate anything less than 100% at-fault for an incident such as this one.

 

[grampi]

After talking to an attorney, my wife decided to plea guilty and just pay the ticket. She would've more than likely been found at fault anyway even if we fought it in court with a lawyer. The attorney also said that since the other driver refused medical care at the scene, he would have a tough, if not impossible time trying to prove any related medical issues later on. The damage to his vehicle was well within our property damage coverage on our policy, so the only things I have to watch for are points on my wife's drivers license, and to see if our insurance premiums go up. Since this is the first accident by either my wife or myself with USAA for more than 20 years, I doubt they'll raise our rates.

To the guy bringing up the pot issue. My wife doesn't smoke it, and when did I ever say I think it's okay to drive high? I think YOU are smoking something...