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

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

Discussion in 'Ferrari Discussion (not model specific)' started by TG3, Apr 30, 2005.

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  1. TG3

    TG3 Karting

    Mar 27, 2005
    70
    New Orleans, LA
    Full Name:
    Teddy Solomon III
    Last night I was rear ended VERY HARD by a 19 year old who was charged with DWI, negligent injury, and careless operation. I have had my 99 355 F1 GTS dream car 2 weeks to the day. I have worked very hard to finally be able to buy my dream car and it took me several months to find the perfect car. This forum helped me a lot in the buying process and I am hoping it will help me again. I am so depressed I cannot explain. I left the accident scene in an ambulance due to back, neck, and head injuries-but even with my pain my great sadness is the car. My beautiful dream car I have literally waited all my life for and have only had 2 weeks!!! WHY!!! I know that with all the options my car has ( F1, Challenge Grille, Red GTS roof to match, red brake calipers, etc.), basically perfect to me, that it is rare and irreplaceable in my eyes and I am so so upset. I cannot get his insurance information until I get the police report on monday at least. Something tells me that he has minimal if not minimum coverage. What do I do? What kind of battle am I in for with his insurance company? Anyone who has experience something similar or anyone who has any suggestions or can help me at all PLEASE HELP ME. I dont know what to do or what I am in for and I am not rich by any means so this is a major deal for me. And to give an idea of how much I love my car if I was told it could be totaled out and I could make a 20k profit, I would still rather my car. I am just so upset. Please respond with suggestions or advice if you can. Thanks, Teddy.
     
  2. Dcup

    Dcup F1 Veteran

    Jan 3, 2005
    8,645
    Between 2 Implants
    Full Name:
    Claude Balls
    dude im soooo sorry to hear this !!!!! i dont know of any advice to give, either a lynching is a possability or call OJ,,,,,,,,
     
  3. Dcup

    Dcup F1 Veteran

    Jan 3, 2005
    8,645
    Between 2 Implants
    Full Name:
    Claude Balls
    get a good lawyer too, make this slug pay through the nose........
     
  4. axemansean

    axemansean Formula Junior

    Jul 11, 2004
    801
    So sorry to hear that, ensure you do everything to make the son of a b*tch suffer. I am pretty sure his parents will skin him alive when they realize their son rear ended an F car.
     
  5. UroTrash

    UroTrash Four Time F1 World Champ
    Consultant Owner

    Jan 20, 2004
    40,487
    Purgatory
    Full Name:
    Clifford Gunboat
    Terrible news.

    What ever you do, make sure you get HUGE, HUGE, HUGE diminished value settlement.
     
  6. Stackhouse

    Stackhouse F1 Rookie
    Consultant

    Feb 14, 2004
    4,736
    IN YOUR TRUNK
    Full Name:
    CT.. AKA Pimp Daddy
    Do not take anything for granted. Although your Insurance company will assure you that they have everything handled I would suggest you be very aggressive and hire a lawyer to make this kid bleed green! He is still young and has many working years in his future to pay you back for the ”Medical and Emotional Duress “ he has caused you and your family.

    I would also suggest contacting MADD (Mothers Against Drunk Drivers) or similar organization. Find out if they have any legal advice or support network which you can take advantage of.

    The most important thing is that you are OK! This little FOCKER could have killed you or someone else! Make Him PAY! Make him an example for all his Frat Pals! He needs to learn his lesson now! If no one pummels his A$$ into the ground he may do it again and his next victim may not be as lucky as you!
     
  7. Chip D

    Chip D Formula Junior

    Sep 13, 2003
    275
    Louisiana
    Get a Lawyer.
    Odds are he doesnt have insurance.

    Be sure and post this in the Louisana section, so your fellow Tifosi in New Orleans can help.
     
  8. whart

    whart F1 Veteran
    Honorary Rossa Subscribed

    Dec 5, 2001
    6,555
    Austin, TX
    Full Name:
    William Maxwell Hart
    First of all, take it easy. Don't worry about the car right now. You have every right to be upset, and then some, but don't start driving yourself crazy over issues that probably won't be an issue:

    first, they made more than 1 of the cars you bought, and believe it or not, it can be replaced.

    as others have already said, hire a serious, experienced lawyer, not your brother-in-law, or the guy who did your will; ask for recommendations if you need to get the right person , who must not only be an aggressive insurance litigator, but know their way around the criminal system, for the reasons explained below;

    sounds like there is no question of fault; what will need to be done is follow through to make sure that the police/prosecutors follow thru and nail the kid- it will not only get him straightened out, and serve the ends of justice, but will help you in any settlement you reach with the insurance co. representing him, in other words, they are going to be a little more compliant when they know their client is on the way to a conviction for DWI, etc. than if this is merely a he said/she said over a smashed car. That's where the lawyer comes in;

    You will probably have a big, juicy civil suit as well; make sure that the docs are the best, you get second opinions from docs that are even better, and make sure counsel is in this loop in terms of the memorialization of all diagnosis, treatment, etc.

    Sorry for your loss, but rather than bemoan your bad luck, i'd thought i'd give you concrete help since that's what you asked for- and, in this connection, don't rush to make any decisions while you are still in shock and emotionally charged over this. If you want a fun car immediately, go out and rent one; if you need to just chill for a while, that's cool too. ONce you get your team in place on this, your mind will be at ease and let them help you, since you can drive yourself nuts over the step by step issues that may arise (eg denials by the defendant, having to appear as a witness and being treated poorly or worse, the time, money and effort that will go into rectifying this, leaving aside any physical injuries and mental trauma you may have suffered as a result). In fact, it might not be too much of a stretch to suggest that you get "somebody you can talk to", ie a shrinker, counselor, whatever, just so you can deal with the emotional stuff for a while.
     
  9. Wyo550

    Wyo550 Karting
    BANNED

    Feb 9, 2005
    61
    Laramie
    Full Name:
    John
    I'm sure sorry to hear about this. And I'm glad you're apparently OK (much more important consideration than the condition of a car-- any car!) If I was you, I'd expect the worst from this kid's insurance company (AND the police...just my bias, after spending days talking with them here about my traffic stop on Tuesday for no front plate on my 550).

    I hope you have a good insurance carrier like State Farm AND a good lawyer. The first thing I' d have your attorney demand to see is the quality and accuracy of the police report and to conduct telephone interviews with the police officers who were on-scene: To eliminate any uncertainty in the future about who was totally responsibile and why.

    For example, does the police report contain any statement from the kid (or other witness) that says YOU did anything that contributed to the accident? Were you mad at this punk and slam on your brakes, leading to his rear-ending you? The kid's insurance company is going to look for ANY loophole that will enable them to negotiate a partial settlement with your carrier.

    I don't know how much damage occured to yoru car. But if I was you, I'd consider it a total loss and look for another, undamaged example.
    Good luck!
     
  10. RP

    RP F1 World Champ

    Feb 9, 2005
    17,667
    Bocahuahua, Florxico
    Full Name:
    Tone Def
    I was rear-ended two years ago, not in my Ferrari, but in a Mercury Mistake. Luckily the car was a complete write-off, it would never be right if they repaired it. Me on the other hand, have had to deal with two neck herniations and two back herniations attributed to the accident.

    My big mistake, I hired a friend who was a PI attorney. I should have interviewed and hired the most obnoxious "not afraid of the insurance companies" lawyer. Make sure you find a really sharp SOB. This set me back months. I finally had to step in and force him to play hard ball with them, and I was right. We settled for 3 times more than my own attorney originally wanted me to accept. Interview 2-3 attorneys.

    Does your state require uninsured motorists insurance? Do you have UIM? If the other driver was not insured, or under-insured, this may help you. There is something called stacking, see if you have that with you UIM. Make sure you are informed of all of your legal rights.

    Get your MRI no sooner than 30 days AFTER the accident. And maybe again in 6 months, your injuries will likely get worse over time. You will need that in your fight.

    Most importantly, take care of yourself. After 6 months of therapy, I found myself with increasing pain. Finally I discovered some yoga stretching excercises that have helped tremendously. Now I can function about 90%.

    As for your car, if the damage was only sheet metal, a good body shop will return it to nearly 100%. If not, hope for a total. Good luck.
     
  11. jaturon

    jaturon Formula 3

    Oct 25, 2004
    1,599
    Bangkok Thailand
    Full Name:
    Zane
    I am very amazed how much you guys can claim compensations for various things: car damage, emotional, physical etc.
    In Thailand, when you are in an accident you get very minimal compensation and that's mainly car damage.

    However, very sad to hear your experience but I am no lawyer so the only thing I can advise you is to make that kid bleeds, sue him dry and would be good if you get some local publicity regarding a drunk and a smashed ferrari which you could also remain anonymous. This will send message to others that it is bloody expensive to crash into a Ferrari so beware.
     
  12. LetsJet

    LetsJet F1 Veteran
    Owner

    May 24, 2004
    9,334
    DC/LA/Paris/Haleiwa
    Full Name:
    Mr.
    This is the way it is for most accidents in the states also. I don't think you need to hire a lawyer. You just need to make sure your being treated fair. If you don't think that's happening, then you can hire a lawyer. I think most insurance companies will be fair to avoid costly litigation.
     
  13. wax

    wax Five Time F1 World Champ
    Lifetime Rossa

    Jul 20, 2003
    52,415
    SFPD
    Full Name:
    Dirty Harry
    Like tifosiron, now you, been there, done that, painfully so. I was rear-ended by a 20-yr.old going 90 MPH faster than me... as I was doing just under 15 MPH at the time, after just leaving a stop sign.

    This is the advice I received and followed, and am now paying forward:

    The Enemy's Insurance Company's Medical Insurance should cover you for a year. After that, it's out of your pocket.

    Take some time off of work. And then some. And then some more. You will need to recuperate more than you think.

    The Enemy Insurance Company WILL film you, so don't be a hero, OK?

    Even after you think you feel better - I don't care if it's 6 months down the line, be very careful not to go 3 or 4-wheeling or play basketball - or other things that jar the marbles in your jarhead.

    Let the Insurance companies deal with one another for the time being. Do not get an attorney yet - and DO NOT MENTION THE WORDS "LAWYER" OR "ATTORNEY." The Enemy's Insurance Company has more of them than you ever will. The Enemy's Insurance Company has more of a cushion than you ever will. So, don't push them until it's time to do so. NOW is NOT the time to push the Enemy's buttons.

    If they make an offer on the vehicle... they can clearly afford that amount - so, being the legal mafia they are, they can afford a little more... make a counter-offer for more than you should get for the vehicle itself. Please, pain and suffering doesn't count on vehicles, so don't be ridiculous. You'll meet somewhere in the middle.

    Nevertheless, don't throw impotent words or weak threats out there just to make yourself feel better. You have to show you've got the stomach to ride out the storm. THAT strikes fear into the enemy.
     
  14. tbakowsky

    tbakowsky F1 World Champ
    Consultant Professional Ferrari Technician

    Sep 18, 2002
    19,952
    The Cold North
    Full Name:
    Tom
    so happy to hear you are OK. This is terriable, but before you know it you will be back behined the wheel enjoying yourself. Do all you can through legal means, and you will get everything back.
     
  15. SrfCity

    SrfCity F1 World Champ

    Sorry to hear or your misfortune. Seems like you're getting some good advice here. No one was killed and I think that is the positive side at this point. You will get through it and be back behind the wheel of an F-car again. Hang in there.
     
  16. LAfun2

    LAfun2 Three Time F1 World Champ

    Oct 31, 2003
    39,248
    California
    Full Name:
    Ryan
    1) Sorry to hear of your bad news. Like Whart said, the car is replaceable. Glad to hear you are ok.

    2) I had a drunk driver (16 years old, had his licence for 3 days) hit me few years back. I was stopped at a red light, and he T-boned me with a jeep cherokee flipping my car over.

    3) I would recommend exactly what our valued member Wax posted. The best advice, imo and that is what I followed. Though I would add, lawyer is very important.

    4) Last thing to note, all the people that bash lawyers in all other threads, are the first to chime in here telling you to get a lawyer. Just interesting.


    Good luck.
     
  17. DN35

    DN35 Formula Junior
    BANNED

    Nov 22, 2003
    611
    Illinois
    Full Name:
    D. Norton
    I agree with everyone that you should get a good lawyer immediately. By good, I also mean one who keeps you constantly informed, which unfortunately is something rare these days for lawyers.

    This will allow you to let him do the worrying and the legwork and relieve you of some of the mental strain and anguish, and comfort you by knowing that everything is getting handled as best it can.

    We all know this can happen to anyone of us, so we're right there with you.
     
  18. Kds

    Kds F1 World Champ

    Some of the advice on the internet is priceless...and some of it is not. In the case of this thread I can only say please follow the advice you have read here.

    While I cannot add anything other than my condolences I will say this.......to most people the best part of buying a car like this is the search......and it looks like you'll be doing that again......so hopefully it'll take some of the mental pressure of by giving a different point of focus.
     
  19. BULL RUN

    BULL RUN Formula 3

    Dec 18, 2004
    1,684
    Telling him to get a lawyer is not much advice, he's going to have to do that anyway, that's how the sum*****es have the system setup.
     
  20. 410SA

    410SA F1 Veteran

    Nov 2, 2003
    8,511
    West Coast
    Full Name:
    A
    Hopefully your own insurance will cover whatever the kid's doesn't. But this is a moment to reflect on what is really important. The fact that you were injured is bad enough, but it could have been worse. At the end of it all the Ferrari is simply a material possession and can be repaired or replaced. I would be thankful to be alive and even more thankful that the car took the damage and not you.
    I'm sure that you will take the necessary steps to recover your lost value in the car, but treat every day from here on as a gift.
     
  21. Gershwin

    Gershwin F1 Veteran

    Feb 21, 2005
    6,415
    Kentucky
    Recently seen several Red 99 an 98 GTS w/ F1 and red calipers available on the market.

    There out their; just waiting like big red apples to be picked off the tree!
     
  22. Snapper323

    Snapper323 Formula Junior

    Mar 12, 2005
    268
    South Carolina
    Full Name:
    L. Lee
    I am sure you haven't gotten much sleep since the incident, try and get some, it will help you to make better decisions. Also, I recogmend that you contact the Louisiana Bar Association to put you in contact with the best attorney in that field. Good Luck!
     
  23. spike308

    spike308 F1 Rookie
    Owner Silver Subscribed

    Nov 8, 2003
    4,714
    Austin TX!
    Full Name:
    Mike Z
    While we all want this drunk moron to pay... just remember karma.
    What you want is fairness.
    You know what your car is worth. You should get it.
    You know what your hospital bills will be. You should get it covered.
    If you need time of work, figure out what the cost of not being there, it should get covered.
    Any other associated costs... physical therapy (if indicated), etc... should be covered.
    Maybe showing up to his court appearance would be good. I see more drunk F-ers who are on DUI #3 or #4, and somehow manage to keep on truckin' (maybe the result of a "good" lawyer!). Try to make sure he gets the maximum.
    Hope you are fine, and continue to be fine.
    It is, after all, just a car.
    Trust me, I've seen a lot. You are walkin', talkin', have not aquired a lot of hardware (rods, pins, etc). Things are good.
     
  24. TG3

    TG3 Karting

    Mar 27, 2005
    70
    New Orleans, LA
    Full Name:
    Teddy Solomon III
    #24 TG3, May 1, 2005
    Last edited by a moderator: Sep 7, 2017
    Thanks to everyone who has helped me so far. Please continue to post opinions, suggestion, and guidance of any kind. I hope I get the chance to pay it forward. I wanted to re-post to say that and because I set my picture profile as the picture of my SMASHED dream car. The picture is just the rear. The back driver quarter panel is crumbled in areas and my driver door won't open or shut as easy as it used to. GOD, I AM UPSET!!!! I hope the picture is there on my profile but I will also attach it. Thanks all, Teddy
    Image Unavailable, Please Login
     
  25. fletch62

    fletch62 Formula Junior

    Mar 8, 2004
    333
    Fairhope, AL
    Full Name:
    Larry Fletcher
    I'm sorry to here about your troubles. I know how it feels when it's your dream, not just a car. You need to contact David Band, he is an lawyer in NO and also a car guy. He will be a good contact. For your car it is widely accepted that Kenny Allen at Allen's Body Shop in Sorrento, LA is the best around. I have done business with him for the past 26 years and have never heard anyone say anything but good about him. Tell them that Larry Fletcher sent you.
    I wish you the best, good luck
    Larry
     

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