I am typing this with my left hand only so this might be messy. I was coming home from Arby's going 50 mph when this red T-bird pulled right out in front of me. I had no time to react and him right behind his driver door. The airbags went off immediately and I somehow came to a stop in the middle of the road. My wrist was cut up fairly well and swollen (I found out at the hospital it was fractured), by knee hit the dash and is swollen up and I have neck and back pain. After the ambulance ride I was imformed by the Sheriffs deputy that he has had his license taken away twice for drunk driving and had a restricted license to drive to and from AA meetings only. He was charged with that and failure to yield. So because of this dumbass the car I waited for years to get and drove 800 miles for each way is totally destroyed up to the windshied, the engine would not even turn over according to the people who moved it. I have had it with these idiots, I have been hit now 7 times in a little over 3 years here in Michigan (4 rear enders, 1 sideswipe, 2 t-bones all the other drivers fault) and I have decided to go on a crusade to change the way insurance works in this state as we have no fault, so the drivers are not responsible for their wreckless actions. The Vicodin is hitting now so I am signing off. I have my hand in a splint and my wrist is swollen and I am still in great pain, just getting lightheaded.
My Mark was totalled tonight
- Thread starter scott9050
- Start date
bandit_5150
Registered
RE: My Mark was totalled tonight
I am sorry to hear about your accident, I was just in a wreck on Friday that totalled mine, but not near to the extent of yours. And I was pretty lucky in that my injuries so far have been minimal. Hope you get to feeling better soon and that you will not be in too bad of shape tomorrow when you wake up. The car can always be replaced, I too was very frustrated about my loss because I had been waiting for my car ever since my parents boutht it in 93. I just got it about 3 months ago. I am waiting to hear back from my lawyer and hopefully will be able to replace mine with one that is a little newer.
I am sorry to hear about your accident, I was just in a wreck on Friday that totalled mine, but not near to the extent of yours. And I was pretty lucky in that my injuries so far have been minimal. Hope you get to feeling better soon and that you will not be in too bad of shape tomorrow when you wake up. The car can always be replaced, I too was very frustrated about my loss because I had been waiting for my car ever since my parents boutht it in 93. I just got it about 3 months ago. I am waiting to hear back from my lawyer and hopefully will be able to replace mine with one that is a little newer.
sleeper
Former LOD President
RE: My Mark was totalled tonight
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Unfortunately we have no right to sue in this state and we are only allowed a $500 mini tort if we do not carry full insurance. Everyone is responible to pay for their own car.
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Incorrect. You are clearly injured and have every right to sue for your injuries. All drivers in Michigan are required to carry PL and PD insurance. PL is personal liability. If you cause an accident that injures someone, you're liable and they can sue you. If it was clearly the other drivers fault, sue him for some big number and the insurance company will throw a settlement at you. If you have medical insurance, that money can go toward your deductibles and what's left can buy you another mark. PD is property damage insurance, if you hit a house or a parked car you are liable to fix it, but if someone is driving the other car you are not liable.
There are some bad drivers in MI but they are not nearly as bad as in some other states. The drivers in Charleston SC were the worst i've seen.
Sorry about your car and i hope you feel better.
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Unfortunately we have no right to sue in this state and we are only allowed a $500 mini tort if we do not carry full insurance. Everyone is responible to pay for their own car.
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Incorrect. You are clearly injured and have every right to sue for your injuries. All drivers in Michigan are required to carry PL and PD insurance. PL is personal liability. If you cause an accident that injures someone, you're liable and they can sue you. If it was clearly the other drivers fault, sue him for some big number and the insurance company will throw a settlement at you. If you have medical insurance, that money can go toward your deductibles and what's left can buy you another mark. PD is property damage insurance, if you hit a house or a parked car you are liable to fix it, but if someone is driving the other car you are not liable.
There are some bad drivers in MI but they are not nearly as bad as in some other states. The drivers in Charleston SC were the worst i've seen.
Sorry about your car and i hope you feel better.
RE: My Mark was totalled tonight
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Unfortunately we have no right to sue in this state and we are only allowed a $500 mini tort if we do not carry full insurance. Everyone is responible to pay for their own car.
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I doubt that, I bet you can even go to smalls claims court to get your medical deductibles covered and pain and suffering up to the limit allowed if you did not want to get a lawyer. That guy was totally negligent and you clearly have injuries. NJ has a verbal threshold option, this limits your right to sue for soft tissue injuries that are hard to prove unless you pay more to op-out of it. But even when you don't pay for the option you still can sue if you have serious injuries to cover you expenses.
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Unfortunately we have no right to sue in this state and we are only allowed a $500 mini tort if we do not carry full insurance. Everyone is responible to pay for their own car.
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I doubt that, I bet you can even go to smalls claims court to get your medical deductibles covered and pain and suffering up to the limit allowed if you did not want to get a lawyer. That guy was totally negligent and you clearly have injuries. NJ has a verbal threshold option, this limits your right to sue for soft tissue injuries that are hard to prove unless you pay more to op-out of it. But even when you don't pay for the option you still can sue if you have serious injuries to cover you expenses.
RE: My Mark was totalled tonight
[div class="dcquote"][strong]Quote[/strong]
[div class="dcquote"][strong]Quote[/strong]Unfortunately we have no right to sue in this state and we are only allowed a $500 mini tort if we do not carry full insurance. Everyone is responible to pay for their own car.[/div]Incorrect. You are clearly injured and have every right to sue for your injuries. All drivers in Michigan are required to carry PL and PD insurance. PL is personal liability. If you cause an accident that injures someone, you're liable and they can sue you. If it was clearly the other drivers fault, sue him for some big number and the insurance company will throw a settlement at you. If you have medical insurance, that money can go toward your deductibles and what's left can buy you another mark. PD is property damage insurance, if you hit a house or a parked car you are liable to fix it, but if someone is driving the other car you are not liable.There are some bad drivers in MI but they are not nearly as bad as in some other states. The drivers in Charleston SC were the worst i've seen.Sorry about your car and i hope you feel better.
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Actually, no. This is the 7th time I have been hit in a little over 3 years living here, all other drivers fault. Injuries have to reach a certain severity threshold before you can sue (lost limbs, permamant severe injury etc), and then limits to the amount you can get for lost wages and medical bills is in effect. There is also nothing for "pain and suffering". I have primary health insurance, the PLPD will only cover what is not covered by my health insurance (just got off the phone with the agent, PLPD is secondary for me) and the other insurance will pay $0 toward my damage since the guy hit me does not carry the optional coverage for the $500 mini tort.
[div class="dcquote"][strong]Quote[/strong]
[div class="dcquote"][strong]Quote[/strong]Unfortunately we have no right to sue in this state and we are only allowed a $500 mini tort if we do not carry full insurance. Everyone is responible to pay for their own car.[/div]Incorrect. You are clearly injured and have every right to sue for your injuries. All drivers in Michigan are required to carry PL and PD insurance. PL is personal liability. If you cause an accident that injures someone, you're liable and they can sue you. If it was clearly the other drivers fault, sue him for some big number and the insurance company will throw a settlement at you. If you have medical insurance, that money can go toward your deductibles and what's left can buy you another mark. PD is property damage insurance, if you hit a house or a parked car you are liable to fix it, but if someone is driving the other car you are not liable.There are some bad drivers in MI but they are not nearly as bad as in some other states. The drivers in Charleston SC were the worst i've seen.Sorry about your car and i hope you feel better.
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Actually, no. This is the 7th time I have been hit in a little over 3 years living here, all other drivers fault. Injuries have to reach a certain severity threshold before you can sue (lost limbs, permamant severe injury etc), and then limits to the amount you can get for lost wages and medical bills is in effect. There is also nothing for "pain and suffering". I have primary health insurance, the PLPD will only cover what is not covered by my health insurance (just got off the phone with the agent, PLPD is secondary for me) and the other insurance will pay $0 toward my damage since the guy hit me does not carry the optional coverage for the $500 mini tort.
RE: My Mark was totalled tonight
These pages might explain things more clearly:
http://www.mvalue.com/states/michigan-auto-insurance.htm
"Important Michigan Auto Insurance Laws!
1. Motorists in the MI state, are required to buy and maintain a "no-fault" insurance policy. It is against Michigan auto insurance law to drive or let your car be driven without no-fault insurance.
Important to Note:
A "no-fault" policy will pay all of your medical costs. It will also pay, up to a maximum amount, for the wages you would have earned if you had not been hurt, for up to three years.
Under Michigan auto insurance law, no-fault will pay up to $1 million for damage your car does in Michigan to other people's property, such as buildings and fences. It will also pay for damage your car does to other people's properly parked vehicles.
The no-fault provision of Michigan auto insurance law protects insured persons from being sued as the result of an auto accident except in certain special situations."
I have no legal recourse in this matter in the eyes of the state.
I wish it was not so, but my agent told me this this morning. The only thing that will happen is my insurance will pick up any unpaid medical bills my health insurance will not cover.
These pages might explain things more clearly:
http://www.mvalue.com/states/michigan-auto-insurance.htm
"Important Michigan Auto Insurance Laws!
1. Motorists in the MI state, are required to buy and maintain a "no-fault" insurance policy. It is against Michigan auto insurance law to drive or let your car be driven without no-fault insurance.
Important to Note:
A "no-fault" policy will pay all of your medical costs. It will also pay, up to a maximum amount, for the wages you would have earned if you had not been hurt, for up to three years.
Under Michigan auto insurance law, no-fault will pay up to $1 million for damage your car does in Michigan to other people's property, such as buildings and fences. It will also pay for damage your car does to other people's properly parked vehicles.
The no-fault provision of Michigan auto insurance law protects insured persons from being sued as the result of an auto accident except in certain special situations."
I have no legal recourse in this matter in the eyes of the state.
I wish it was not so, but my agent told me this this morning. The only thing that will happen is my insurance will pick up any unpaid medical bills my health insurance will not cover.
sleeper
Former LOD President
RE: My Mark was totalled tonight
Don't listen to your insurance agent. Talk to a lawyer. Trust me, you do have legal recourse. You can go after the other driver for injuries incurred. You can't go after him for damage to your vehicle.
People get sued over this type of thing all the time. If i were your passenger i could sue you and the other driver, if i chose, and i'd win at least one case.
Never EVER take the insurance companies word for it. They will put the screws to you EVERY chance they get.
Think about it... if you couldn't sue the guy, even though he caused you injury, why would anyone be required to carry insurance?
The only way you could end up screwed over here, is if he didn't have any insurance at all. Then, you can still sue him personally, and he will be liable, but your chances of collecting are slim. If he's insured, though, and you're injured, you have a settlement coming. Call sam.
Don't listen to your insurance agent. Talk to a lawyer. Trust me, you do have legal recourse. You can go after the other driver for injuries incurred. You can't go after him for damage to your vehicle.
People get sued over this type of thing all the time. If i were your passenger i could sue you and the other driver, if i chose, and i'd win at least one case.
Never EVER take the insurance companies word for it. They will put the screws to you EVERY chance they get.
Think about it... if you couldn't sue the guy, even though he caused you injury, why would anyone be required to carry insurance?
The only way you could end up screwed over here, is if he didn't have any insurance at all. Then, you can still sue him personally, and he will be liable, but your chances of collecting are slim. If he's insured, though, and you're injured, you have a settlement coming. Call sam.
RE: My Mark was totalled tonight
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Don't listen to your insurance agent. Talk to a lawyer. Trust me, you do have legal recourse. You can go after the other driver for injuries incurred. You can't go after him for damage to your vehicle.People get sued over this type of thing all the time. If i were your passenger i could sue you and the other driver, if i chose, and i'd win at least one case.Never EVER take the insurance companies word for it. They will put the screws to you EVERY chance they get.Think about it... if you couldn't sue the guy, even though he caused you injury, why would anyone be required to carry insurance?The only way you could end up screwed over here, is if he didn't have any insurance at all. Then, you can still sue him personally, and he will be liable, but your chances of collecting are slim. If he's insured, though, and you're injured, you have a settlement coming. Call sam.
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I am going to talk to a laywer. I will argue that he intentionally injured me, that is the only provision in the law I was told that I could sue for the property damage. I was told that we are required to have auto insurance in this state in case you hit someones non auto related personal property (house, mail box etc) and the only time they will pay in full for someone elses car is if it is parked with no one in it. I am hoping you are right. In any case, I will be moving the car into the garage and parting it out in the nest few weeks.
[div class="dcquote"][strong]Quote[/strong]
Don't listen to your insurance agent. Talk to a lawyer. Trust me, you do have legal recourse. You can go after the other driver for injuries incurred. You can't go after him for damage to your vehicle.People get sued over this type of thing all the time. If i were your passenger i could sue you and the other driver, if i chose, and i'd win at least one case.Never EVER take the insurance companies word for it. They will put the screws to you EVERY chance they get.Think about it... if you couldn't sue the guy, even though he caused you injury, why would anyone be required to carry insurance?The only way you could end up screwed over here, is if he didn't have any insurance at all. Then, you can still sue him personally, and he will be liable, but your chances of collecting are slim. If he's insured, though, and you're injured, you have a settlement coming. Call sam.
[/div]
I am going to talk to a laywer. I will argue that he intentionally injured me, that is the only provision in the law I was told that I could sue for the property damage. I was told that we are required to have auto insurance in this state in case you hit someones non auto related personal property (house, mail box etc) and the only time they will pay in full for someone elses car is if it is parked with no one in it. I am hoping you are right. In any case, I will be moving the car into the garage and parting it out in the nest few weeks.
Rene
Lincoln Lady
RE: My Mark was totalled tonight
I'm glad you are ok, and wish you a speedy recovery.
I sure hope you are able to sue! A "driver" like this doesn't deserve the privilege of a license. People nowadays consider it their right to have a license, and care little for anyone else that happens to be on the road with them.
I have no sympathy for drunk drivers, as I lost two cousins to a drunk. x(
I'm glad you are ok, and wish you a speedy recovery.
I sure hope you are able to sue! A "driver" like this doesn't deserve the privilege of a license. People nowadays consider it their right to have a license, and care little for anyone else that happens to be on the road with them.
I have no sympathy for drunk drivers, as I lost two cousins to a drunk. x(
sleeper
Former LOD President
RE: My Mark was totalled tonight
You have no chance proving he intentionally hit you. You can't sue him for property damage. You CAN sue him for your injuries. All you have to show is that you were injured and it was the other drivers fault, as far as i know. I'm sure a lawyer will tell you what you can do though. Good luck.
You have no chance proving he intentionally hit you. You can't sue him for property damage. You CAN sue him for your injuries. All you have to show is that you were injured and it was the other drivers fault, as far as i know. I'm sure a lawyer will tell you what you can do though. Good luck.
RE: My Mark was totalled tonight
We just got back from the insurance people and the lawyer, I apparently do not meet the states guidelines for severity of injury to be able to sue, and I was told even if I did that most likely he has only $20,000 liability coverage and it would not be worth their time. So as it stands now I can only collect the $500 mini tort against him, and only if he actually has insurance (I would have to sue in small claims otherwise and still might not collect). I found out his car is totalled, the impact almost completely tore off his rear 1/4 and trunk of the car and detached the axle assembly from the car. Mine came out much better as it is still in one piece. We want another Mark but will make sure to have collision next time.
We just got back from the insurance people and the lawyer, I apparently do not meet the states guidelines for severity of injury to be able to sue, and I was told even if I did that most likely he has only $20,000 liability coverage and it would not be worth their time. So as it stands now I can only collect the $500 mini tort against him, and only if he actually has insurance (I would have to sue in small claims otherwise and still might not collect). I found out his car is totalled, the impact almost completely tore off his rear 1/4 and trunk of the car and detached the axle assembly from the car. Mine came out much better as it is still in one piece. We want another Mark but will make sure to have collision next time.
sleeper
Former LOD President
RE: My Mark was totalled tonight
If he has insurance, find a shadier lawyer. Call Sam. 1-800 call sam. see what he says. He seems like an ambulance chaser, from his commercials. If he's the ambulance chaser he seems to be he'll just take a cut if you collect, nothing out of your pocket. worth a try.
If he has insurance, find a shadier lawyer. Call Sam. 1-800 call sam. see what he says. He seems like an ambulance chaser, from his commercials. If he's the ambulance chaser he seems to be he'll just take a cut if you collect, nothing out of your pocket. worth a try.
RE: My Mark was totalled tonight
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If he has insurance, find a shadier lawyer. Call Sam. 1-800 call sam. see what he says. He seems like an ambulance chaser, from his commercials. If he's the ambulance chaser he seems to be he'll just take a cut if you collect, nothing out of your pocket. worth a try.
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I might give that a try. I really don't have anything to lose.
[div class="dcquote"][strong]Quote[/strong]
If he has insurance, find a shadier lawyer. Call Sam. 1-800 call sam. see what he says. He seems like an ambulance chaser, from his commercials. If he's the ambulance chaser he seems to be he'll just take a cut if you collect, nothing out of your pocket. worth a try.
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I might give that a try. I really don't have anything to lose.