bryan_c

hello i would like your guys opinion.

may 22 thursday i was driving south on weston as a guy was driving north as i approached hwy 7 the dam guy going north makes a left right infront of me i had no choice but to t-bone him. If you know the intersection it you would know their is all left turn signals.. so i was not at fault he got 4 charges layed on him:

1 drunk driving (dui)
2 driving motor vehicle without a license
3 running a red
4 believe it was a possesion

i have not been able to work since the accident nor drive i feel as if anytime i go through a intersection im going to get hit again i have horrible neck and back pains and as well as my chest... hurts everytime i breathe in feels like im getting needles stuck in:| .. well what makes this even better the ******* that drove drunk for i dont know wat reason when he didnt even have a license didnt even have insurance..

now im just looking at what are my options here maybe one of you could help me out here.

i was driving a 93 civic hatch that was perfect i would say it was clean as hell and i had a nice amount of money in it everything is totaled... i spent 10 000 grand and yet the insurance is offering a measley 1500 this accident was not my fault how could this be fair??... please express if i have a case? or what i should do..

p.s forgive my miss spelling and maybe not making sense at the moment im pretty high/dizzy from perks to withstand this pain

civicEJ1

iTrader: (2)

thats wack bro id b ****in pissedddddddd sorry to hear that

what kind stuff did u put money into

Gallagher

sue?

civicEJ1

iTrader: (2)

yea sue his *** sure the insurance company sue the drunk driver sue everybofdy

k_r_a_c_k_e_r

iTrader: (3)

I would think you're going to haveto sue him to get all your money back.

username

You'll likely get nothing from the other driver since he's uninsured. By the way you've described this fine, upstanding citizen, I doubt he's got more than money to spend at the bar. So even if you sue, and win, you could have a $20M settlement, but you can't get blood from a stone, and you'll have to take him to claims court for payments.

I don't know what your insurance company can do. Does your insurance cover you as the driver from pain, suffering and the inability to work?

Your best bet is to contact an injury lawyer asap, as well as a lawyer who might be able to help get money back that the insurance won't cover on the car (I don't know what type of lawyer would do this job). Get your ducks in a row. All your recipts for parts/labour etc.

fingolfin

I'm pretty sure you need to contact an injury lawyer they will go after YOUR insurance company (hire a lawyer). They in turn will go after the individual (you in the long run with raised rates).

I believe you aren't allowed to go after the individual for xx amount of years. I can't remember, i think its 2 or something, but i might be wrong.

bottom line: you need a lawyer, but don't expect anything.
It will be VERY hard to sue the individual. I believe ontario has laws against things like this so people don't sue each other over everything like in America.

Good luck

starboy869

With your car a 93 with 10G into it I assume you didn't tell your insurance company about the mods?

username

LOL
Not if they're offering him $1500 for the car!

kruption

1. See a doctor if you haven't already.
2. Get advice from an injury lawyer, tell them your story.
3. Unless your car was appraised to the amount you invested into and notified the insurance company of this, you're pretty much sol and they may even cancel your policy if you didn't notify them of your mods. Otherwise they'll just ignore the mods and only give you the value of the car.

Best of luck.

username

If he's on Perks as he said, he's seen a DR. for sure. Well, unless he scored them in the street... LOL

FiveO

The guy being drunk won't make much difference in what you can get out of it.

Your loss of income and any medical expenses is covered by your own insurance company.

If you were not deemed even partially at fault, they will also pay the costs to repair or junk your car, but only what that car would ordinarily get on the used car market. Insurance company adjusters will look at the remains of your car and try to determine what the condition of the car was pre-wreck. Based on their evaluation, you will be offered anything in the range that your model would get on the used car market based on model year, mileage, factory options, condition, pre-existing rust or mechanical defects, etc.

If you can prove the car was in better than average condition, you may be able to get the insurance company to pay out at the high end of their scale for that model year/mileage/factory options. Unless you've had the thing appraised and insured for the appraised value, you don't stand a chance in hell of getting anything from the insurance company for any "extras" that you may have put into the car. You would have to sue the other driver personally and even then it will be a crap shoot.

Ontario's no-fault insurance scheme also limits your right to sue the other driver for pain and suffering. You have to be able to prove permanent or long term (as in YEARS) serious disfigurement, loss of bodily function or inability to work in order to win any damages award, and even then Ontario insurance law imposes an automatic $30,000 deductible on such awards to weed out lesser suits.

Your anxiety at driving through intersections won't qualify as a qualifying disability for law suit purposes. You could try and sue anyways, but it's an uphill battle.

rick10

sorry to hear that bud.

Your best option is to go to a lawyer who knows the law (meaning a driving lawyer kind of thing) and see what options you have

As per your car , I tell this to everyone who spends crazy amounts of $$ into modding , if you ever get into an accident the insurance company is only going to pay you the stock value of your car, that is kms , year , model.

Even if you try to insure your car with all the mos you have , two things may happen

1 very hard to find an insurance company that wants to insure mod cars, i know for a fact the td does not allow any mods

2 it is not worth to even insured a car with many mods because you ll be paying up the roof

Also , the insurance company may decide to cancel your policy because you did not tell them about the mods , and if i m not mistaken a cancel policy goes in your record


I would try to save whatever mods you can and just sell them

shezan

Here's the skinny on what you can do.

The insurance company is right in not covering your other amounts simply because you didnt disclose this to them - they are required to ensure upto $1,000 in undeclared stuff, like a car stereo. Anything beyond that amount you must disclose if you want it covered. You can collect that portion from your insurance company.

The other guy is not barred from a lawsuit. He had no license at that time - therefore he had no insurance also. When you have no license, insurance is canceled automatically. You should be able to claim the damages on that equipment - assuming you can't salvage them at this point - anything the insurance company doesn't cover you can take out from your car....

Likewise, he can't do a counter-sue or anything incase he says you were driving improperly. He was uninsured and operating a vehicle - he can't sue for damages based on the Insurance Act of Ontario