V_2's Green Machine

[Dylanc]

Dui, I would go through the other person's. They are at fault. I just got in am accident last month and it totalled my first fiesta. Went through the other person's insurance. If they are at fault there's no questions. If you send the police report and it says they are at fault and it says the DUI you're golden.

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[V_2]

I asked about why I should use my insurance and was told my company would take better care of me, my rates won't go up, and my insurance company will handle dealing with her insurance, lawsuits, etc.

 

[Dylanc]

I asked about why I should use my insurance and was told my company would take better care of me, my rates won't go up, and my insurance company will handle dealing with her insurance, lawsuits, etc.

Ahh I hear you. Good luck, as I'm still dealing with an injured shoulder and the other person's insurance. But I do have a 16 magnetic grey with recaros now

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[V_2]

Thanks. Hope you feel better soon.

 

[StayPuft]

The only potential issue with using your own insurance is that they may require you to pay your deductible up front. If they do, your deductible will be returned after your insurance co goes after they other driver's insurance company. Sometimes this isn't required though, especially in situations like this where there is clear fault on the other's behalf.

 

[rexdriver85]

Wow, glad you are OK! Hope you can find another GE and get all or at least most of your mods back. [emoji106]

 

[John9851]

Glad your ok

 

[BoostBumps]

Damn!! So sorry to hear / see this...glad your OK...

 

[V_2]

I went to the dealer today and they are offering me a new 0 mile 2016 MO with recaros for 22k. That's tempting.

 

[bluestang]

Glad your OK.

One note I've heard that I was shocked at is that you can get the sales tax back from your insurance company as well. Just have to ask the right questions to the right person I guess. Not sure if it varies by state.

 

[Schoolz]

Were you able to get you quickspool kit back?

 

[V_2]

Still working on that. Waiting for a payoff offer from their insurance before I go get the parts. Once that's settled I'll hopefully be closer to 100% physically and can start yanking parts off.

 

[madsedan]

I hope your lawyer is recommending a lawsuit against the other driver and insurance company. You don't get opportunities like this very often. And I can tell by the way you type that you have mental pain and anguish from the incident lol


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[M-Sport fan]

^^^ In some states (like mine and neighboring Joyzee), IF you selected the 'no tort' option, and therefore pay a lower premium overall because of it, you are NOT allowed to sue for 'pain and suffering'.

I don't know if V_2's resident state is like that, or if it is just open for any type of lawsuits?

 

[V_2]

TN is a fault state, so I am free to sue for pain and suffering in addition to medical expenses in my personal injury suit.

The downside is I am forced to sue her insurance company and am limited to her policy's limits.

But yeah, I'm suing unless her insurance settles the amount I want. Which is basically whatever my medical expenses are x 3.5. 3.5x is basically the limit I was advised to shoot for. Anything more than that is unlikely to happen and would require a trial, etc. So it would probably end up costing me more in the end and the other driver isn't burdened much at all since I'll be in court vs her insurance company.

 

[StayPuft]

TN is a fault state, so I am free to sue for pain and suffering in addition to medical expenses in my personal injury suit.

The downside is I am forced to sue her insurance company and am limited to her policy's limits.

But yeah, I'm suing unless her insurance settles the amount I want. Which is basically whatever my medical expenses are x 3.5. 3.5x is basically the limit I was advised to shoot for. Anything more than that is unlikely to happen and would require a trial, etc. So it would probably end up costing me more in the end and the other driver isn't burdened much at all since I'll be in court vs her insurance company.

As long as they didn't have safe auto or some bullshit substandard they should have 100k medical, minimum $50. Insurance company wouldn't settle outright for that though without some serious injury, but with a few legit medical bills they should have no issue shelling out up to $10k. Just keep going back for soft tissue treatment like chiro, massages, etc. and let the drs know it's related to an accident with potential recovery. They'll potentially charge more knowing they can throw a lien on their bills which will give you a larger recognizable bottom line on recovery and force the insurance company to play ball.

And as far as I know, unless you're in a seriously conservative state, you can't contract away to the ins co your right to recover pain and suffering, even if the insurance company pays all your bills and has sole rights to recover their payments. btw I'm an insurance defense lawyer... so take it either as true or a complete lie

 

[M-Sport fan]

And as far as I know, unless you're in a seriously conservative state, you can't contract away to the ins co your right to recover pain and suffering, even if the insurance company pays all your bills and has sole rights to recover their payments. btw I'm an insurance defense lawyer... so take it either as true or a complete lie

Ultimately, no, (you are correct) and there are ALWAYS exceptions (as you know), but electing the no tort option in states that have it does make it harder for the plaintiff to actually collect on pain and suffering.

 

[V_2]

As long as they didn't have safe auto or some bullshit substandard they should have 100k medical, minimum $50. Insurance company wouldn't settle outright for that though without some serious injury, but with a few legit medical bills they should have no issue shelling out up to $10k. Just keep going back for soft tissue treatment like chiro, massages, etc. and let the drs know it's related to an accident with potential recovery. They'll potentially charge more knowing they can throw a lien on their bills which will give you a larger recognizable bottom line on recovery and force the insurance company to play ball.

And as far as I know, unless you're in a seriously conservative state, you can't contract away to the ins co your right to recover pain and suffering, even if the insurance company pays all your bills and has sole rights to recover their payments. btw I'm an insurance defense lawyer... so take it either as true or a complete lie

Thanks! That sounds on par with what my lawyer was telling me. The other driver has farm bureau, which is supposed to be one of the best companies to deal with as a victim. I'll keep everyone posted as a sort of case study, there is a lot of bogus info out there, so I'd like to help others out with what to realistically expect if they are unfortunately in my situation.

Going to the dealer this afternoon to possibly put a earnest money hold on to that MO. It's too good of a deal to pass up if they can get it for me 21k and change out the door.

 

[V_2]

Well, I signed for the MO today. Couldn't pass up 21k and 0% 72 month financing.

 

[koozy]

Well, I signed for the MO today. Couldn't pass up 21k and 0% 72 month financing.

congrats, glad to see you still in the game. now to get that DHM turbo kit back!