Rear-ended? Sucky.

[iluvlamp]

So I am having a poker party and hear a smunch. "Doug that's your car!" Crap. The guy is drunk off his ass and I have many witnesses. The drunk will not give me his license or even his name. He did give me his emissions report which he claimed was his "insurance." Of course he drove off after 15 minutes. I think we were lucky he stayed that long. Anyway, I have the van's VIN, description, and the place it's registered to. (a day care center). I have already called my insurance and the cops and they said they will contact the day care center. Is there any other steps to take besides contacting my lawyer on Monday? Or do I let the lawyer wait and see what the insurance and cops come up with? My car has significant damage and am worried that this man maybe stole the van. It's still the day care centers responsibility right? Sorry I am rambling and this isn't well written but I am mad and want to get this off my chest!!

[RyDogg66]

Don't contact your lawyer. Unless you want to incur unneeded legal fees.

 

Your car insurance company will pay you for your damage, and then they will take the information the police department comes up with and what you come up with and take the guy who hit you to court and get a judgment against you. If they collect anything you will receive your deductible back. If your insurance company is American Family or State Farm, I will probably be their lawyer actually, as I handle a large proportion of Am Fam and State Farm's subrogation claims against uninsured motorists.

 

Since you were not in the car and had no injuries there is no reason to call a lawyer.

[jlau20]

A drunk guy in a day care center's van. Excellent.

[iluvlamp]

Thanks Ry. My insurance is American Family so you better be good:)

[Brian the Automator]

Lamp, be sure to mentioned that your Picassos and rare stamp collection was completely vaporized during the incident.

[sbrylski]

I got hit by a drunk guy once and he drove off after about five minutes too - into a strawberry field. Ugh. Lucky for me, the cops pulled up soon after. I just pointed into the field and said, "he went that way!"

 

Anyway, good luck lamp.

[iluvlamp]

Brian- good tip!

 

Sam- Thanks a lot.

[RyDogg66]

Sweet. I'll most likely be getting this case in 6 months or so. Now, collecting any money from this guy...that may be another story.

[Hammer]

Sweet. I'll most likely be getting this case in 6 months or so. Now, collecting any money from this guy...that may be another story.

I knew that there was something that I didn't like about you Ry! I am waiting on a $500 claim from 1996 http://forum.brewerfan.net/images/smilies/smile.gif

Subrogation claims suck! If the guy has insurance you should just run the claim through his insurance...that way you don't have an initial pay-out!!

[iluvlamp]

I really am not worried about the guy since the van is owned by a child care center. Why he had the van I have no idea. I was more angry that cops were busy somewhere else when I have a belligerent drunk guy caught in the act. Not only that, after he took off he could have killed someone. I will say the officer was apologetic and hot.

 

I have proof that it was their truck. I actually expect the worst and will be left high and dry. BUT,seeing as this place is a state funded operation I like my chances of getting my car fixed. . By the way RY I really hope your kidding about the length of time. Isn't the company still liable even if their van was stolen? I had a bus hit a parked car of mine when I was 17 and Lamers paid me 700 bucks in a month and that has been my only accident it till last night. 6 months would be an eternity considering the money I pay to be insured:)

[Crazyk1294]

That's what she said.

 

Wait-wrong thread...

[RyDogg66]

Isn't the company still liable even if their van was stolen?

Would you be liable if your car was stolen? No.

 

We are only responsible for our own acts. The only way the Child Care Center is on the hook is if this guy was an employee or was driving the vehicle with the permission of the child care center. The reason the bus company paid you was they hit your vehicle while one of their drivers was driving it. If the van was stolen, they would not have been responsible.

 

And this is what will happen...

 

The insurance company will pay you for your loss, minus your deductible.

They will then wait for the police to finish their investigation, see if they make an arrest or find the guy who was driving. I doubt they could arrest him for drunk driving since he took off, just a citation for 'duty upon striking another vehicle'

If the police find the guy, the insurance company will try to collect from the guy first, without having to hire an attorney, because I work on a contingent fee and keep a 1/3 of what I collect.

Once they cannot collect or the guy ignores them, then they send it to me.

 

If the police never find the guy, then there is a presumption that whoever was driving was doing so with permission of the child care center. The child care center will of course deny responsibility and say their vehicle was stolen. If this is the case, then you wont see a dime.

[iluvlamp]

Cool, thanks Ry. I'm a bit ignorant on this subject. I have never dealt with a situation like this. The place the van was registered to is close to where I do business. So I will drive by just to get a looksy for myself just to see if the offending van is there. Yeah, and the Indians get on the board!

 

Anyone have any idea why a day care center would allow its staff to drive their vehicles on the weekend? Truly a head scratcher to me since it could be their ultimate fault. I guess that would go for any other business though, but you usually have to use your own car after you take the company one home.

[logan82]

Yeah I have to agree that you shouldn't call a lawyer. As long as you contacted the police and got a police report filed your insurance company should cover whatever damages were done to your car, minus your deductable. The insurance company will go after the guy for their money.

[Fatter than Joey]

Anyone have any idea why a day care center would allow its staff to drive their vehicles on the weekend?

 

I would think that some daycares would be open on weekends -- a single mom/dad could easily have a weekend shift at a retail operation.

[iluvlamp]

This was 11 at night though Joey. Either this guy stole the van and/or was driving it without the centers permission. I drove past the place early this morning and there were tons of vans. None of them matched the plates and description. So it is likely that with the amount of vans there, the drivers drive to the center and pick up their vans. What sucks is I have to wait for who knows how long for the cops to investigate. PO's in Milwaukee are very backed I have been told.

[RyDogg66]

If you just tender it to you insurance company they will pay you for your damage and do all the following up for you. Dont sweat it out dude.