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Started By
Message
OT Lawyers. Vehicle driven through house
Posted on 3/11/17 at 9:39 pm
Posted on 3/11/17 at 9:39 pm
So a family member had her house driven through by a POS the other night. In the living room out the kitchen.
Driver was taken to jail. Truck was not his, it belonged to female passenger. He refused blowing for BAC and I was told refused blood draw at station. Was released on a bullshite cheap bond.
Questions:
How can he refuse both blood screenings? What could he be liable for insurance wise? THe passenger owned the truck. Could they then go after the passengers homeowners insurance? I've asked what he was charged with and am awaiting responses. Driver has one hell of a rap sheet
Her insurance will cover the basic build and not much on item replacement.
She has a lawyer, but the information I've received has holes in it and I'm trying to piece this together.
They totaled her house as it pushed the home off the slab.
Driver was taken to jail. Truck was not his, it belonged to female passenger. He refused blowing for BAC and I was told refused blood draw at station. Was released on a bullshite cheap bond.
Questions:
How can he refuse both blood screenings? What could he be liable for insurance wise? THe passenger owned the truck. Could they then go after the passengers homeowners insurance? I've asked what he was charged with and am awaiting responses. Driver has one hell of a rap sheet
Her insurance will cover the basic build and not much on item replacement.
She has a lawyer, but the information I've received has holes in it and I'm trying to piece this together.
They totaled her house as it pushed the home off the slab.
This post was edited on 3/11/17 at 9:42 pm
18
Posted on 3/11/17 at 9:41 pm to thejudge
quote:
How can he refuse both blood screenings?
It's considering invasive. Cops should have gotten a warrant. That's the only way unless you get consent. My state still has a common law DUI available which means if police can, through testimony, prove he was intoxicated then you don't need a BAC. Basically they get up and say he smelled like alcohol and displayed behavior consistent with an intoxicated individual.
She will have to sue, and regardless of his intoxicated state, she should win. It's pretty hard to argue he wasn't negligent and responsible when he drove through a fricking house.
This post was edited on 3/11/17 at 9:44 pm
Posted on 3/11/17 at 9:41 pm to thejudge
Let the lawyer handle it. There's literally nothing you can do to help.
Posted on 3/11/17 at 9:41 pm to thejudge
Who. Got tased?
Posted on 3/11/17 at 9:42 pm to thejudge
quote:Screen name does not check out.
thejudge
Posted on 3/11/17 at 9:42 pm to thejudge
Family member is about to have a shitty couple of months
Posted on 3/11/17 at 9:43 pm to thejudge
I dont see how he wouldnt get a dwi for refusing. They should have got a warrant to draw blood.
Also, Since she knew that he was drunk while driving, the person that owns the vehicle is also liable. If he has insurance his insurance would also be liable.
Not a lawyer but did some reading up on this a while back.
Also, Since she knew that he was drunk while driving, the person that owns the vehicle is also liable. If he has insurance his insurance would also be liable.
Not a lawyer but did some reading up on this a while back.
This post was edited on 3/11/17 at 9:44 pm
Posted on 3/11/17 at 9:45 pm to diat150
quote:
Since she knew that he was drunk while driving, the person that owns the vehicle is also liable. If he has insurance his insurance would also be liable.
This is sticky. A lot of times insurance will not cover gross negligence (driving while drunk), at least to my knowledge, but I'm by no means an expert on insurance law. She'd be left with bringing a personal suit against the driver and passenger, but if they have no money she may just be out of luck which sucks.
This post was edited on 3/12/17 at 12:08 am
Posted on 3/11/17 at 9:54 pm to thejudge
quote:
How can he refuse both blood screenings?
By saying no. Blame the lazy cops for not simply getting a warrant for the blood.
quote:
She has a lawyer,
But you have the OT which is better.
quote:
I've asked what he was charged with and am awaiting responses
I'd assume he was arrested for DUI? They can charge him with DUI even without a BAC reading although it'd be a better case with the BAC obviously.
Posted on 3/11/17 at 10:08 pm to thejudge
was he drinking kool-aid?
Posted on 3/11/17 at 10:13 pm to thejudge
quote:
the information I've received has holes in it
Now much like your family members house.
Posted on 3/11/17 at 11:32 pm to thejudge
don't think I have ever heard any shite like that...hope no one in your family was hurt.
Posted on 3/11/17 at 11:36 pm to SEClint
quote:
was he drinking kool-aid?
OH, YEAH!!!
Posted on 3/11/17 at 11:40 pm to thejudge
They need a warrant for a blood draw if he refused. But that shouldn't have been a problem with him driving thru a fricking house.
I think the exception to the warrant is if there are injuries.
I'm not lawyer doe.
I can't believe they didn't get blood. Who told you that?
I think the exception to the warrant is if there are injuries.
I'm not lawyer doe.
I can't believe they didn't get blood. Who told you that?
Posted on 3/11/17 at 11:40 pm to thejudge
The charges against the driver are irrelevant to the claim by the home owner. It is clear the driver was negligent and caused the accident. The liability coverage on the truck would be responsible for payment of the damages subject to the policy limits.
It appears the home owner may have a basic dwelling policy which does not cover contents. If the policy limits on the vehicle are inadequate to cover the dwelling and contents loss then the owner should make a homeowner claim for the dwelling with the homeowner's insurance. Her deductible under that policy would apply to the loss.
She can then pursue a claim for the contents against the vehicle insurer provided she does not have to sign a subrogation agreement with the home owner's carrier which might give them priority on the policy limits of the auto insurance.
There would be an exclusion for vehicle accidents under the any homeowners policy the driver may have.
She could pursue a claim against both the driver and owner of the truck for any damages which exceed the liability coverage on the truck but may have difficulty in collecting even if litigated. Utilizing the home owner's policy would be the simpler way to receive indemnity for any losses over the vehicle's policy limits.
The liability claim is subject to depreciation. Dependent upon the terms of the home owner's coverage the depreciation may be recoverable once the work is performed.
The home owner would be foolish to retain counsel unless absolutely necessary as she would have to share 1/3 of any recovery with the attorney.
It appears the home owner may have a basic dwelling policy which does not cover contents. If the policy limits on the vehicle are inadequate to cover the dwelling and contents loss then the owner should make a homeowner claim for the dwelling with the homeowner's insurance. Her deductible under that policy would apply to the loss.
She can then pursue a claim for the contents against the vehicle insurer provided she does not have to sign a subrogation agreement with the home owner's carrier which might give them priority on the policy limits of the auto insurance.
There would be an exclusion for vehicle accidents under the any homeowners policy the driver may have.
She could pursue a claim against both the driver and owner of the truck for any damages which exceed the liability coverage on the truck but may have difficulty in collecting even if litigated. Utilizing the home owner's policy would be the simpler way to receive indemnity for any losses over the vehicle's policy limits.
The liability claim is subject to depreciation. Dependent upon the terms of the home owner's coverage the depreciation may be recoverable once the work is performed.
The home owner would be foolish to retain counsel unless absolutely necessary as she would have to share 1/3 of any recovery with the attorney.
Posted on 3/12/17 at 12:04 am to thejudge
quote:
Could they then go after the passengers homeowners insurance?
Passenger's HO policy probably excludes claims arising from use of motor vehicles.
You could sue the individuals, but they are probably broke arse.
Hope there is liability coverage on the vehicle that hit the house.
Posted on 3/12/17 at 12:40 am to thejudge
I'm sure he's got 10/20/10 limits. Not enough to cover the damage for sure. She could sue both the driver and passenger for the damages but there's a good chance they don't have a lot in the way of assets.
Best bet will be to turn it into her homeowners carrier. Let them fix the house and then chase these idiots for money.
Best bet will be to turn it into her homeowners carrier. Let them fix the house and then chase these idiots for money.
This post was edited on 3/12/17 at 12:53 am
Posted on 3/12/17 at 2:26 am to thejudge
If it looks like you are really in for it get some good pictures and start your gofundme campaign if your family can't afford to fix it and insurance doesn't help.
Posted on 3/12/17 at 2:41 am to thejudge
File the claim with the homeowner insurance and let them handle the dirty work.
Oh - sounds like she picked the wrong insurance company.
quote:
Her insurance will cover the basic build and not much on item replacement.
Oh - sounds like she picked the wrong insurance company.
This post was edited on 3/12/17 at 2:43 am
Posted on 3/12/17 at 8:46 am to thejudge
quote:
She has a lawyer, but the information I've received has holes in it and I'm trying to piece this together.
Jesus. why don't you go to the meeting with the lawyer next time?
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