HELP!! REAR ENDED BY A DRUNK KID!!!!

Be thankful you are still alive. I meet too many family members of victims of DWI who are not so fortunate. As a board certified personal injury trial lawyer in Texas, I would recommend that you contact a qualified personal injury trial lawyer in Louisiana. Most reputable attorneys will be glad to provide you with a free consultation. There are many cases where people can work something out with the insurance carrier without representation. However, your case is complicated by not only your injury claim, but the DWI, a potential of limited insurance coverage for the negligent driver and what looks to be a substantial property damage claim with the potential of a substantial diminution in value claim.

I would recommend that you have the car towed to the nearest Ferrari dealer as soon as possible. I know it is a hike, but it might be worth towing it to Ferrari of Houston which has its own in house body shop. They will be of invaluable assistance in assuring that the adjuster properly evaluates the damage to the vehicle. You should note that it is unlikely that the insurance company will want to agree in advance to such a long tow so I would not even bother asking them in advance. Make the decision as to where you are getting the car repaired prior to getting the car adjusted by the insurance company. If your car is deemed to be totaled, your claims process is likely to be much easier than if the car can be repaired. Each insurance company differs on the ratio that they use to determine whether a car is totaled. Some may find that a car is totaled if the repair cost is 70% of the value, others may draw the line at 80% or some other ratio. Your insurance company may be more liberal than the negligent driver’s company with regard to totaling out the car. If so, put in a collision claim to your company, let your company total the car and let your company go after the kid’s insurance company for reimbursement. If it is deemed repairable and you agree with this determination, you will still have suffered a substantial diminution of value claim. Insurance companies hate diminution of value claims. This may give you extra leverage to have them total out the car. However, your main leverage is that their insured was drunk and any jury hearing the case will want to help make sure you get back all that he took away.

I don’t know the law in Louisiana, but many states hold that your own policy’s collision and/or your underinsured/uninsured (UM/UIM) coverage does not cover diminution of value claims, but only covers cost of repairs. States differ on this issue so that in some states there could be no diminishment of value claims under collision coverage, but there could be such a recovery under your UM/UIM coverage. Each state differs in this regard, so you should ask an attorney about this issue. Assuming your car is repairable, that the negligent kid has only a minimum limits policy and that neither your collision nor your UM/UIM coverage pays for diminution of value then tell your insurance company that the kid’s limits are first to be applied to your diminution of value claim and that your UM/UIM is to be applied to the remaining repair costs.

With regard to your personal injury claim, some states allow you to make a claim for punitive damages in a DWI case. In many states even the punitive damage claim can be recovered out of the kid’s insurance coverage. In most cases you need an attorney to maximize any claim for punitive damages.

I hope this has been of some assistance and I wish you all the best.

 

Wow.... I'm sorry to hear about it. Being that I'm only 21 I really can't offer too much advice. All I can say is be glad you weren't seriously injured. I woke up from a 2 week coma in the hospital and was told I was in an accident, I immediately asked how my car was. They said it was fine, the car wasn't involved, but I had had my head crushed by a minivan. I'm currently going through the whole legal thing. That and I'm nine months into weekly doctor's appointments and various rehabs. Definitely get opinions on lawyers. Mine has been excellent! So far, it hasn't been too much of a fight because I wasn't at any fault. So the defense doesn't have a leg to stand on really.

Best of luck, and I hope everything turns out okay in the end.

 

I have to disagree with member Wax

Get an excellent lawyer RIGHT AWAY and let them communicate with the insurance companies.

 

Teddy,
I am not a lawyer so I will not try to offer legal advice but reading the above posts, it looks like there is some sound advice being offered. I too recently purchased my first 355. I understand what you are feeling right now. Some of the members on this board (myself included) are hardcore Ferrari enthusiasts that don't have the resources to deal with something like this without totally freaking out about it (why didn't I just get a sportcar that is less expensive, easier to maintain etc.) Bottom line- you can't and won't settle for anything less than your dream car. There are certain things in the ownership process that are COMPLETELY OUT OF YOUR CONTROL and being rear ended by some drunk punk is one of them!

About a year and a half ago I purchased my first Ferrari. I did not properly do my homework and to make a very long story short got taken advantage of, the car was a small nightmare. I too was very freaked out about it but I got some good advice and help from a then local independant Ferrari shop. After quite a bit of time I was able to send the car back. When all was said and done, I was worse off in my desire to own a Ferrari. I took some time after that and reevaluated whether this was the right thing for me. I tried to convince myself to look at other cars or no sportscar at all. It bummed my wife out seeing this because she knew how much I loved these cars. She encouraged my to get back on the horse and of course I did. I waited a bit to recoup my losses and lick my wounds, and in the end I got my dream car.

Try not to loose track of the big picture and the reason why you got this car in the first place- you are an enthusiast. You will get this car fixed or you will get another car that will be even better. Of course you'll never drive it , you'll just stare at it in the garage where it will be safe (Ha Ha). I am a firm believer in karma in situations like this and that helps when I think about what has happened to me. Hang in there bud, this too shall pass.
Chris

 

I too was rear ended in the first new car I ever baught. This happened before I had made the first payment.
I would try to settle this without getting a lawyer first. As a surgeon I deal with MVAs all the time and can tell you that as soon as you get a lawyer involved the whole thing will take laonger. I have had to wait as long as two years to get payment for surgery on an MVA victom when a lawyer was involved. The other thing that happens is that the lawyer will take his fee out of the settlement and you may get less. If the insurance co starts to jack you around then get to a lawyer but see if they will make a fair settlemnt first.

 

TG3... Don't want to appear harsh or anything, but that damage really isn't that bad. it quite repairable without any repercussions. I know that it's not the same in you mind, but it really will be fine if fixed by a decent shop.

 

I agree. I was expecting the kind of damage that you get when you put a challenge car backwards into a wall at Road Atlanta. Measure the frame, this one should be straightforward to fix. Pun intended.

 

I can agree with Lloyd on this. Have your car shipped to FoH restoration facility for proper reconstruction. I've visited the their shop & it is the most buy far best place for Ferrari repair in the nation, they will be able to deal with insurance companies supplement damage better than most other shop. YOu do not want to take chances with anyone else. They repair challenge cars that slam into walls harder than your 355 was rear ended on a weekly basis. I get an idea, here’s a photo of their frame machine & shop. I hope everything work out for the best & glad your ok.

Will
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Let me make a recommendation to reconcile the competing advice over whether or not to get a lawyer. The fact that a lawyer is involved does not have to be known- in other words, as far as the insurance company is concerned, if you are worried that having a lawyer act for you is an aggressive signal, you can front the communications with the insurance company, but run documents and questions and strategy with the lawyer behind the scenes. For example, i wouldn't be signing any releases without a lawyer's input.
At the same time, it makes sense to have a lawyer involved in the criminal side, even though you are the victim/complaining witness, since the criminal aspects will influence the civil side, and your insurance recovery, ie the more criminally culpable their client is, the more likely it is that the insurance company will know it makes sense to settle without nickel and dimeing you.

Finally, if the **** does hit the fan, you have a lawyer already fully up to speed without then searching for, briefing, and waiting for him/her to familiarize themselves with the matter.

This ensures no missteps, and keeps the aggression level where it should be.

Also, i don't recommend a contingency lawyer for this matter. This is not about a big $ score, this is about making sure it's done right; most contingency lawyers are not going to bother the details in a matter where there is no big $, and the ones that are willing to take it on would not necessarily be my first choice as counsel to guide you.

BTW, i am a lawyer.

 

First off, I am terribly sorry about the incident with your brand new dream. But thankfully you made it through it. I've had loved ones not make it after getting hit by a drunk driver.

While I don't own a Ferrari or have any experience with FoH other than visiting it to look at the cars every so often i have to concur with what's been said about them. I've always heard great things about FoH, and the facility is HUGE! There's almost always an F40 or F50 in the back, plus dozens of others. Which i can only make out through the window in the showroom. But go to the side gate and look in the back and the place is enormous.

 

Wax had some good suggestions, most of which I agree with. One in particular, I don't. You should get a lawyer sooner rather than later. Wax's point about the insurance companies having more lawyers than you ever will is true. And they also have investigators who will contact you and want to take statements. They will hunt you down and bug you to give them your version of what happened. They may ask you to tell your side of the story, write it down and ask you to sign it. Before you give a statement to anyone, including your own insurance company, consult with a lawyer.

Depending on your state laws, you may or may not be able to sue him, depending on your injuries and medical expenses. If you have no broken bones, and only "soft tissue" injuries, the threshold for you to sue may be high. Don't rely on your insurance company for these answers. Consult a lawyer. If you don't make the threshold, "no fault" laws will limit your recovery.

In any event, the issues related to the property damage to the car are entirely separate from the personal injuries. Deal with your own insurance company, not his, on the car. They will recover directly from his insurance carrier. You do not have to chase his insurance, you have your own.

Also, you may not be S.O.L. on the B'stard's insurance. Don't jump to conclusions. It's possible that it wasn't even his car that he was driving. Maybe it was daddy's or mommy's, in which case, you get to sue him and them.

First off, however, make sure that you are okay. Injuries from an auto accident often take days or weeks to manifest themselves. Don't be a hero. Get yourself checked out, have follow-up testing, and be sure you don't have any latent head or spinal injuries that will come back to haunt you later.

Be well and best of luck with all this.

 

TG3,

Whart's advice is right on the money. To address a couple of issues raised in this thread, get the Lawyer sooner rather than later. Some say that this may be interpreted as an "agressive" &/or "hostile" move, I say that it is interpreted as a "You cannot jerk me around, I am going to protect my interests" move. Just because you hired/consulted a lawyer does not mean that you are playing hard ball. PROTECT YOURSELF AND YOUR INTERESTS - that's the name of the game!!!! Remember, everthing is always cordial at first. His insurance company IS NOT your friend. They WILL put their interests ahead of yours because at the end of the day, this is dollars and cents...strictly business.

Hell, you wouldn't go through a nasty divorce without a lawyer because you think she will be fair in her settlement with you, would you? Same is true here. There's no love in this deal!

One bit of advice: Ingnore the anti-lawyer BS. Everyone hates lawyers until they need one, same for Doctors.

Also, stacking is allowed in LA - Of course this depends on the policy(s) and the facts of your case....

Just so you know I am not shooting you a bunch of uninformed bull, I am Graduating from Tulane L-School in 3 weeks (thank you God) & I am taking the Louisiana bar - I have spent the last 3 years working at a major plaintiffs firm here in Louisiana eating, drinking, and breathing this sh*t and I have seen this all before at every stage of the process. At the very least, talk to a lawyer before making a decision about how you want to proceed with this thing - most plaintiffs firms will give you a free first consultation so you have nothing to lose. Knowing your rights is the key.

Good luck - PM me if you need some help.

Cajun

 

I know you like this car alot and don't want to lose it. It looks very repairable to me. At least from the photo's. I'm sure this will work out

 

I agree with Cajun. If the insurance co. knows you're represented they won't fool with you. Otherwise, especially if there's a crappy insurance co. involved, they'll take advantage of an unrepresented person (or at least try to).

As I understand it, Louisiana law is the oddball among the other States. You may want to pick Cajun's brain if willing.

I'm a lawyer as well. Good luck and fast healing.

 

Cajun, well said. Just like a lawyer. I'm not saying that sarcastically. I'm a lawyer too. Been practicing for over 30 years (some day, with all this practice, I'll get it right). And you're right -- everyone beats us down and makes jokes. Until they need us. Then it's "My lawyer can beat up your lawyer anytime."

You are right on the mark about this. Knowing your rights doesn't mean being adversarial. And the other guy's insurance company is NOT your friend and will do everything it can to screw you. That's why I suggested getting legal advise BEFORE giving any statements to anyone. You always want to know your rights and your options to make an informed decision.

Congrats Cajun on graduation and good luck on the bar exam!

 

Poor old TG3 is going to suffer more mental anguish from all this advice, than this accident would ever cause.

It's just a tap, and the sort of thing you could easily do yourself on a club track day, and you'd not flinch at paying for it.

It's not like the car is destroyed, in fact it's probably still drivable.

Life is more important. Fix it and drive it. The scumbag will have his day, but keep having yours for now.

 

you make a very good point. there is always the duke boys option to use the car without the doors. but of course, I'm just trying to shed some further light into the subject.

get yourself checked out. the car will be worked out in time.

 

In three words: GET AN ATTORNEY - now, not later.

All the things that people are pointing out - complexity of the damage claim on the car, personal injuries, criminal ramificaions, etc. are fairly complex legal matters that you don't need to be worrying about right now.

Hire an certified personal injury attorney and let THEM deal with all of that nonsense. The attorney will not only protect you and your interests from an unscrupulous adversary, they are better qualified and prepared to oversee the aformentioned complexities.

You have enough to deal with taking care of yourself and your injuries. Let a legal professional deal with the claims. You ARE going to require legal assistance with a case of this magnitude and may as well avail yourself of those services soner rather than later.

Sorry about your car - get well soon.

Scottie
www.TheCarcierge.com

 

i second that, GET AN ATTORNEY- NOW!

 

You may have some other pockets. If he borrowed the car from his parents, you may have a negligent entrustment case against the parents. Something to investigate.

 

Glad to hear you are ok. The car looks like it can be fixed, and you aren't at fault so the f$cker should definitely pay.

I don't think that just b/c he was driving drunk he was in a fraternity. Neither has anything to do with the other. Please don't support the stereotype against us. I just held an event raising money for Students Against Drunk Driving (SADD).

 

TG3,

Have you sought legal counsel yet? If not, now would be the time.

Cajun.