Murphy paid me another visit

[Carmella]

First off I don't want to sound trite because safety is the biggest issue and myself and my daughter and her boyfriend are safe.

We were hit by a drunk driver yesterday early morning. I picked the "kids" up after they were out for Halloween (these are young adults who asked for a ride so they would not have to worry about drinking and driving). On the way home a car came into the wrong lane. I saw headlights where you should only see tail lights and it hit a car that was a distance ahead of me and then spun out and hit me. Impact was directly where I was sitting in the driver's seat.

We are safe. My daughter was totally unharmed except for trauma seeing us bashed with air bags and the force of the impact. Boyfriend might have whiplash. Everyone was wearing seatbelts. My little compact car really held up great protected us well. I went to the ER just to get checked out and no serious problems just bruised up. Without the side window airbags I can't even imagine all the glass shattering and flying around.

Now we wait and see if the car can be repaired looking at it I fear it's totaled. Remember my husband and I share this one and only car.

I called the attorney and if it is totaled we have to go through the process which unfortunately takes time, but it should go ok with the court if we get a payment in the same ballpark that this payment is. Higher might not be approved and lower would give us more disposable cash; even though we are paying 100% we still have to deal with that--same payment sounds like it's not questioned just replacement cost. She also kind of warned me about any money/lawsuit we might get into. I will cross that bridge when we get there. I am not one to just sue because I might get quick cash / settlement. However my insurance said I could get compensated which is fine if they pay my doctor bill and help to get the car fixed and my other expenses like rental car are covered. If I get a little for pain, suffering, missed work I don't know if it would be enough for BK to worry about and if they want any excess/disposable I guess that's ok since that just means we get out of this 13 quicker.

Honestly, I don't expect any big bucks out of it just cover my expenses and if I get a little extra that would be ok, too. Because we don't have an emergency fund and the little we do save up gets used for a legit reason quickly.

This drunk driver damaged and injured several people even if not life threatening. And he ruined 3 cars. He was not only drunk, but he fled on foot and was caught by the police so it's a hit skip as well. He's a young guy and I hope he can get his life together, at least he didn't kill anyone.

Maybe I can get a new version with a few extra features of the same little compact car. Our payment is actually higher than it needed to be since we rolled another car payment into it out of necessity at the time. That's why I got the cheaper, less features, model.

Looking at car values if it comes to the worst scenario, totaled, we should get enough to cover the $5,000 on the current car loan.

My biggest concern is the cost of a rental in the time it takes the court to approve us for a purchase. If I get a call the car is totaled we have to get to the dealership ASAP. I hope to stick with the same dealership because I have gone there almost 20 yrs and some of the mechanics are still working there!

[Barbisi]

Carmella, I am so, so sorry!
I hope the three BK13 Gurus - justbroke , despritfreya, shipo all weigh in with some helpful advice.
You did nothing wrong and should be able to get a safe replacement vehicle - you deserve compensation!
Thank heavens no body in the car was seriously injured -at least you had a bit of luck there.

[justbroke]

I'm glad that everyone is okay, but make sure you take care of yourself over the next few days. I was rear-ended once and the pain didn't come until the second and third day.

You'll have to work with your attorney since this doesn't happen that often. Whether or not you can do something under the guise of an emergency must be looked at by your attorney. (I saw a case where someone purchased a vehicle on an emergency basis in a Chapter 13 and the judge was not having it. In this strange Chapter 13 case, the judge was mad about a few things including the rate, the amount for the vehicle, and a kickback to the attorney from the dealership. The kickback was in the form of the dealership paying for the Motion to Incur Debt which was then financed into the debtor's loan.)

Most rental companies will allow 30 days of the rental vehicle, but that's too specific to know what your insurer and your specific policy provides for rentals.

[flashoflight]

Does the drunk driver have insurance? The fact that he ran off makes this not promising. If he has insurance, you file a claim on his insurance and make them pay for the car rental immediately. This is usually easy and quick when there is no dispute that their insured is at-fault and your car is not drivable. You shouldn't need to pay for the car rental out-of-pocket if he has insurance. You'll need to pay the security deposit if you don't have a credit card. Insurance won't cover the security deposit.

An important coverage to have in California is uninsured/underinsured liability and property damage if you have collision. A lot of people drive without insurance or at state minimums. I drove at state minimums for two years prior to filing BK and I didn't care that much if I end up on the wrong end of an auto insurer lawsuit. This coverage isn't cheap and insurers in California don't like drawing attention to these coverages. I know if a drunk driver tries to run away, I'm running after him since I have to ID him (take a picture of his face) to kick in uninsured coverage.

It's also possible your own policy might cover car rental reimbursement.

[Carmella]

The police report said he has insurance and it's verified. Yes the car is covered under my insurance and my insurance will deal with his to pick up the tab. It's a bit more complicated as there were two cars he hit. If he has state minimum insurance there might not be enough coverage to cover two cars that are potentially totaled.

My understanding is my insurance company is taking care of things, but once they contact the other insurance company they will pick up the cost and the only problem is if he has state minimum insurance.

The insurance company seems to know all the ins and outs. They gave me a brief summary, but at this point we have to wait to verify his insurance and find out how much it covers and find out if the car is totaled or not. Once we know those answers then we can figure out the next step. And there's the medical aspect as well. I think my only concern will be the ER visit gets paid, hoping there's nothing more since the CAT Scans were good. My daughter's boyfriend may have some ongoing problems he may need treatment/therapy. As for the medical it's the same issue if it's state minimum will it be enough if more than one person is injured.

My concern is for a rental car IF the car is totaled. Once it's totaled you get 7-10 days of a the rental. At least with my insurance policy. If I have to wait a number or weeks to get a loan and get it approved then I will have to pay big bucks for a rental car. I don't know if it is negotiable or not. On one hand being in BK is my situation not their problem, but in another way if he didn't total the car I wouldn't have to pay for any rental car at all!

My insurance also told me I am entitled to pain and suffering costs or cost of lost work. I took today off of work that's one day of pay. Not sure how that works. Time will tell.

My understanding from talking to the attorney's office is that I should be able to get a car. I do have to go through the process, but if it is seen as a replacement there shouldn't be a problem it's easy to justify. My car is totaled and I get a new car with the as close to the same payment as possible. If I find out it's totaled we will be at the dealership ASAP. I imagine the length of the loan can impact the payment as well. I have to focus on the payment amount.

I am not too concerned about getting extra money. Of course I will tell the attorney, but it's already 100% pay back so I don't think they would take it and if they do take it's just will make the BK shorter. Sure they might ask for it like they did initially when I forgot to remove my daughter's college expense because she literally graduated the day before the 341 meeting. The attorney said they always ask for more. I can't see any money I get out of this for pain and suffering to be a large amount and it's not something I would fight to get, if it's offered I would accept. My concern is my car repair or paying it off the loan and my medical bills and if I get that covered it's not anything I get in my pocket and if I replace the car I am status quo with making payments on a car every month.

I will update for information on how it's handled in our BK 13 whether we get a new car or there's a question about any money paid out.

flashoflight my daughter's boyfriend ran after the guy and was able to give the description to the police. He didn't try to catch the guy himself, but at least saw him and knew where he was headed. I live in a small suburb and while it can be annoying when they have speed or stop sign traps on your street, but I am glad when you really need them they are there. Unlike living in a bigger city where you are told the police have to prioritize.

I had to chuckle because the officer asked what speed I was driving and I KNEW I was going 25 because in that area there's a very small suburb with camera enforcement and then when you cross into my suburb our officers are waiting for speeders so one can NEVER EVER speed on that road.

[Zombie13]

Carmella , I am relieved you, your daughter, and your boyfriend are alive and safe.
*That* being said, I have to really edit myself right now, about champion-boy that made the dumb... decision to drive when he was clearly incapable of being a responsible adult. Kudos to your daughter's boyfriend for having the sense of mind in the moment to attempt to pursue and identify the individual.
I do hope you can get a car that will get you through the bankruptcy.

[Barbisi]

Carmella, I wish you tons of luck in getting the kind of financial settlement you clearly deserve , especially if the insurance company and trustee are expecting you to pay money you don't have for a rental car with out reimbursement! How would you find money for that unless the court allows you to skip a payment or two? It just isn't fair!

[shipo]

I'm late to the party here, sorry about that; busy day.

Carmella, I'll echo the comments of others:

• First and foremost, it sounds like the injuries sustained should all heal in the near future; this is the best news of all.
• Before I opine on what insurance will do for you, remind me the year, make, model, and trim level of your damaged car.
• As for the rental, get all over that like shine on a late 1970s polyester leisure suit.

[Carmella]

shipo it is a Mitubishi Mirage 2017 GT My friend found it the blue book value at 10,000 to 13,000 and my car was in good shape no problems except normal dings/scratches. I recently put in new brakes, new tires and new battery. I don't know if that matters it's regular upkeep. There's around $5,000 owed on it and it would have been paid off in about 17 months the same month BK ends.

Now I will have a loan going past the BK completion.

Total I got the official notice it is a "total loss," but I do not have any figures of what they intend to give me for the car, will get that information Monday.

We are very fortunate to have minimal problems. My daughter's boyfriend has whiplash. He is getting it treated before he accepts any pay out.

The drunk driver was going 50 mph in 25 mile zone. I knew he was fast. I feel for that car that was ahead of me and I do believe they also made it out without serious injuries. I am sure that car is totaled as well.

This stupid young man drinking and driving and he could have killed up to 7 people including himself. I hope he sobers up and never hurts anyone. .

And I am amazed with how that little compact car took a beating and protected us. It is amazing. The door was so smashed and the molding inside the car over the door was cracked and the window smashed fell mostly into the door frame. I think i avoided whiplash or more serious neck injury because I was looking towards my right to try to figure out how I could move my car as far to the right as possible. I saw him spin out, but did not see the impact so I was not bracing myself or looking straight at the vehicle in fear (which I think is what happened to boyfriend).

Now as for the rental I have a speech rehearsed to try to get it extended if I need time to get a new car because we have NO back up and we did not intend to need a car because the Mirage was supposed to last us a good 10 yrs and our loan was nearly paid off. I don't know how much weight that carries, but I will give it a fight.

The last accident I was in around 2006 that was not my fault, car had minor damage. The kid (yes a new driver) insurance didn't want me to go out of state, but we had a vacation planned literally two days after the accident I wanted a larger car, at least the size of my damaged car, they wanted to give me the smallest car. I fought it with them because it WAS NOT my fault. I would have happily drove MY car on vacation. I needed room for suitcases, etc and I needed to drive through 4 states. I was so mad! I will channel that type of energy!

[shipo]

I did some checking around, a 2017 Mirage should be able to fetch a $10,000 settlement without much drama, I'm thinking north of $12,000 would require some leg work on your part to try and show provable comparables. In your shoes I might almost be inclined to push as hard as possible for a higher settlement on the car, angle for some "pain and suffering" (insurance companies do seem fairly flexible on this front), and then pay cash for a car which will get you through the next 17 months.

As I've mentioned before, I needed a new(er) car about half way through my Chapter 13, and with a little judicious shopping, I was able to find a car which I could afford to pay cash for (barely), and which not only lasted the remainder of my bankruptcy, it has now gone nearly two more years past my discharge. The truth is, I'm rather enjoying not having a car payment, so I may ride this car for years to come.