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re: You think this truck is totalled?

Posted on 6/17/17 at 9:57 pm to
Posted by CP3
Baton Rouge
Member since Sep 2009
7569 posts
Posted on 6/17/17 at 9:57 pm to
quote:

The driver of the van may or may not have told the ambulance driver that he had taken some Oxy that morning. But for a fact he had been arrested a couple of months ago for driving under the influence of a controlled substance at 7:45 am


If that is the case, you should easily be able to replace the truck even if insurance won't. Seems like you could easily recoup truck value with a lawsuit.
Posted by Stexas
SWLA
Member since May 2013
7015 posts
Posted on 6/17/17 at 9:59 pm to
quote:

If that is the case, you should easily be able to replace the truck even if insurance won't. Seems like you could easily recoup truck value with a lawsuit.

This! I'm not one to rush to litigation but you at least need to be made whole again...
Posted by Martini
Near Athens
Member since Mar 2005
49661 posts
Posted on 6/17/17 at 10:28 pm to
That truck won't be totaled.
Posted by CP3
Baton Rouge
Member since Sep 2009
7569 posts
Posted on 6/17/17 at 10:39 pm to
Exactly. I hate our sue happy society, but this one is justified. Recoup truck and all medical expenses.
Posted by LSU999
Member since Nov 2012
9248 posts
Posted on 6/17/17 at 10:53 pm to
Glad your son is ok.

MR Rooter tried to root out your sons truck. Hope they total it for you.
Posted by Sparetime
Lookin down at LA
Member since Sep 2014
972 posts
Posted on 6/17/17 at 11:12 pm to
I'm sure it will total being they are bringing good money at the auctions for rebuilders. That truck is a rebuilder dream and an adjuster nightmare. I would build it in a heartbeat for the right money. Bed, cab clip, couple bags mods and belts, and it's back like new. Figuring that is a $25k truck, it will bring 10-12 easy at auction. Insurance would make money.
Posted by Barneyrb
NELA
Member since May 2016
7210 posts
Posted on 6/18/17 at 5:21 am to
quote:

The driver of the van may or may not have told the ambulance driver that he had taken some Oxy that morning. But for a fact he had been arrested a couple of months ago for driving under the influence of a controlled substance at 7:45 am


I'm not one to advocate frivolous lawsuits but that SOB doesn't need to drive again anytime soon, he needs to be behind bars and now. I would have an attorney all over that one.

The insurance company should be more than accommodating with you on that truck replacement. NADA just for a basic SLT with no options is $34825 plus tax, title,and license fees.
This post was edited on 6/18/17 at 5:28 am
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
54686 posts
Posted on 6/18/17 at 7:22 am to
Sue is arse!
Posted by KingRanch
The Ranch
Member since Mar 2012
61758 posts
Posted on 6/18/17 at 7:53 am to
No way it's totaled, that's at most 10k in damages if that.
Posted by TigrrrDad
Member since Oct 2016
8100 posts
Posted on 6/18/17 at 8:17 am to
Depends on your insurance company. My son's car had $26K of damage, and they didn't want to total it. They were trying to tell me that the value was still exactly what I paid for it 16 months earlier (excluding tax), so it was a couple percentage points shy of the requirement to total it. Took several weeks of fighting them until I was finally on the phone with the adjuster yelling at him and threatening a lawsuit.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
47149 posts
Posted on 6/18/17 at 9:04 am to
quote:

He was stopped making a left hand turn at an intersection. The driver of the van may or may not have told the ambulance driver that he had taken some Oxy that morning. But for a fact he had been arrested a couple of months ago for driving under the influence of a controlled substance at 7:45 am
At the accident scene I was cordial with the owner of the company and told him accidents happen. After finding out a little more information on the situation that sentiment has changed rather quickly and I am not so forgiving. If my son had started his turn before the hit he could have been killed.




Honestly, if the owner knew the guys drug history, let him drive and didn't randomly test him, he should be sued to kingdom come. And I'm pretty anti-lawsuit but this is the kind of thing that civil law is made for. Glad your boy is OK.
Posted by Wade Phillips
Member since Dec 2008
618 posts
Posted on 6/18/17 at 9:26 am to
If they come to you with an early generous settlement offer, beware. Many rear impact injuries do not manifest for several months. Take your time, hire a reputable lawyer.
Posted by oleyeller
Vols, Bitch
Member since Oct 2012
32604 posts
Posted on 6/18/17 at 9:30 am to
quote:

most 10k in damages if that


Shiiiiiiiit
Posted by DownSouthJukin
1x tRant Poster of the Millennium
Member since Jan 2014
31776 posts
Posted on 6/18/17 at 10:07 am to
quote:


If they come to you with an early generous settlement offer, beware. Many rear impact injuries do not manifest for several months. Take your time, hire a reputable lawyer.


This. He may have some cervical issues that won't manifest for a few weeks, then may take a while to resolve. It's also typical in rear-end accidents to see knee and shoulder injuries.

Make sure you get a good lawyer NOW. You need a download of the ECM data from that van, and a litigation hold notice on the company so evidence, including the van and the ECM, is not lost. Go ahead and have the ECM data downloaded from your son's truck, as well.

As to that truck, it is probably not totaled from my experience. But once it is put back together, trade it in or sell it. It will never be the same. Make sure you get diminution in value from the at-fault driver's insurance, though.
This post was edited on 6/18/17 at 1:34 pm
Posted by cbiscuit
Member since Dec 2013
873 posts
Posted on 6/18/17 at 10:11 am to
Glad your son is ok and the driver it sounds like.

I think it's totaled and driver should have been tested for OWI/dui.
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 6/18/17 at 10:34 am to
Can be really hard to guess what an ins. company will do.

Back in the 80's I spent a couple summer's working at a downtown Tulsa body shop for one of the top 60 biggest GM dealers. Saw 2 different cars literally cut in half and another half welded on to repair per insurance write up. One was a station wagon split lengthwise down the middle, the other a 4 door cut in half like some old Herbie the Love Bug Movie, between front/back seats.

Those people were PO'd, the shop and the customers both. Pretty sure both vehicles drove from the shop to another dealer for trade-in, non-stop.

I still wonder what they ever did with the customer DeLorean the main dealership driver crinkled backing into a brick wall. For 2 years that car sat in the back lot while the legals played out. Probably ended up bondo'd and painted smh.
Posted by swanny297
NELA
Member since Oct 2013
2189 posts
Posted on 6/18/17 at 10:46 am to
quote:

He was wearing a seatbelt but he still broke his nose in 3 places. I still have not figured out how his head hit the steering wheel with his seat belt on. He is ok though.


If the impact broke his nose there is a good chance that there could be neck/back issues that may not present themselves right away.
Posted by AU86
Member since Aug 2009
26257 posts
Posted on 6/18/17 at 10:48 am to
I would think that would be totaled but you never know now. I have seen two serious rearends on two newer trucks that were not totaled. If they don't for some reason, demand depreciation value from the company's insurance company. Glad your son is ok. That could have been much worse. Scary.
Posted by 10MTNTiger
Banks of the Guadalupe
Member since Sep 2012
4139 posts
Posted on 6/18/17 at 11:00 am to
As a former insurance defense attorney I would absolutely recommend you get a quality attorney now. This is an immediate settlement near max policy limits for the business. I guarantee you will get a call from the business insurance rep wanting to get $30k into your hands quickly for a release. I would have bought you a brand new truck and paid full medical for the er visit if this was my case.

You could be looking at worse if your son has a tbi or cervical injury that won't manifest for a while. Make sure they pony up for that evaluation. I hated that line of law, but it does serve a purpose. Protect yourself baw.
Posted by wickowick
Head of Island
Member since Dec 2006
46361 posts
Posted on 6/18/17 at 11:05 am to
Hair sample from the other driver?
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