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Author Topic: OT - Dugly's daughter  (Read 4498 times)

Offline DontTreadOnMe

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OT - Dugly's daughter
« on: November 14, 2011, 11:45:49 AM »

Got a message from Dugly Saturday that his daughter had been in an accident Friday night, rear-ended by a drunk driver in San Antonio. He said she was OK but the car was totalled.

Dugly, I hope she is still doing good and will not have any long-term issues.  

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Offline philpm

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OT - Dugly's daughter
« Reply #1 on: November 14, 2011, 12:00:04 PM »
Good thoughts and prayers going to them.  That kind of stuff is always scary.  I speak from multiple experiences of things like that.

Phil
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Offline Childbride

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OT - Dugly's daughter
« Reply #2 on: November 14, 2011, 08:49:07 PM »
Boo! I hope there's no whiplash/back injuries... Dug, please give us an update, and DTOM, thanks for letting us know! [V]

Offline magoo99

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OT - Dugly's daughter
« Reply #3 on: November 14, 2011, 09:05:43 PM »
Thanks for the heads up Greg.

Dugly, hope your little girl is doing ok, and if she has any injurys.  heres to a speedy recovery.
 

Offline Junior88

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OT - Dugly's daughter
« Reply #4 on: November 14, 2011, 09:38:17 PM »
Sorry to hear Dug.. Hope your girl's OK [:)]

Offline Lunaray

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OT - Dugly's daughter
« Reply #5 on: November 15, 2011, 11:53:45 PM »
Positive thoughts to you Dug, and to your daughter, hope there's no long term effects!
Ray
 
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Offline Pike

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OT - Dugly's daughter
« Reply #6 on: November 16, 2011, 02:22:05 AM »
Scary stuff Dug... hope all's well.
 

Offline t.y.

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OT - Dugly's daughter
« Reply #7 on: November 16, 2011, 02:36:55 PM »
Y.D. I hope all is well for you and your family. Tom.

Offline Pining

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OT - Dugly's daughter
« Reply #8 on: November 16, 2011, 10:44:04 PM »
I hope everything is okay, Dugly.
 

Offline piebaldpython

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OT - Dugly's daughter
« Reply #9 on: November 16, 2011, 11:16:49 PM »
Prayers and Mojo sent your way Dugly on behalf of your daughter.
 

Offline YerDugliness

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OT - Dugly's daughter
« Reply #10 on: November 27, 2011, 01:37:19 PM »
Thanks for the well-wishes, folks.  It's still up in the air, but fortunately my daughter's injuries were minor and she is back at work, although having to beg rides.

When it happened I made a mad dash for Austin (you know how we parents are when their kids call and say their car was totaled and they are OK, none of us believe that)!!  It seems that on 11/11/11 she was in San Antonio for a high school football playoff game in which her nephew was playing.  After the game she was on San Antonio's outermost loop (1604) and came up to a red stoplight.  There was a car already stopped there, so she was slowing down to stop when a drunk in a Chevy Avalanche just plowed into her Honda Civic from behind, no effort to stop at all.  We don't know how fast he was going, but the trunk lid on Jade's Civic was rammed all the way up to the back window. Jade's Honda was propelled into the car in front of her by the impact.  That driver went to the hospital in an ambulance.  The driver of the avalanche was arrested on the scene for DWI (breathalyzer test showed .09% alcohol, .08% is the threshold in TX for DWI).  

You'd think that might be an open-and-shut situation, but it gets worse.  The insurance companies refused to take any action, even including renting Jade a car, until a police report was available, and that took 6 days.  The police report says that the insurance company for the Avananche was ******** County Mutual....well, in TX the insurance companies that the state forces to insure some high-risk drivers are all .... County Mutual.  So, I say, there's a reason the pickup is insured by a high risk company, and this is just more icing on the cake for the owner....but, the owner wasn't driving the pickup, it was one of his employees.  The next day the owner of the pickup arrives at the towing/storage yard to retrieve his pickup and tells the employees at the storage yard that the pickup was being driven by a previous employee.  Now things start to get muddy....if the vehicle was being driven without permission, the high-risk insurance company is still liable, but if the vehicle was indeed stolen, then the company is off the hook.  I contacted the PD in the city where the accident occured and asked them to run a check for a stolen vehicle report on the Avalanche, and they did so and found no report.  That ought to settle the matter, right?

Well, not in TX, good buddies!  In TX it seems the insurance company which insures the vehicle is entitled to do their own investigation regarding whether they are liable for coverage, and the  ******** County Mutual Insurance Company has refused coverage, stating that they have a theft report on the vehicle.  If so, it was AFTER 6 days following the accident that the report was filed, as I was unable to discuss the issue with the detective from the Converse Police Department until I had the accident report in hand and there was no report on the state-wide data base at that time.  An after-the-fact report of a stolen vehicle seems a bit suspicious to me.

The good news is that Jade had uninsured motorist coverage so her vehicle will be replaced (that is, assuming Jade can develop the spine to stand up to their low-ball offers, which isn't likely), and her visits to the chiropractor, which are having a very positive effect on her muscle soreness, are covered, but a rent car is not.  We'd rather not have to rely on Jade's Uninsured Motorist coverage, as that might increase her premium b/c the losses will be suffered by her own insurance company....so, at our insistence her insurance company contacted the drunk who was driving to attempt to collect on his insurance.  He didn't have insurance.....no surprise there, no?

I had plans for Thanksgiving, so I left Austin last Tuesday, but as Jade is without a car to drive to work I am sure I will end up back in Austin so we can get her to work and preserve her job, at least.

I find it incredibly unbelievable that a high-risk insurance company, which obviously has a vested interest in avoiding payouts already (and more-so than a company that is not a high-risk company) is authorized by the state to make the decision regarding whether the vehicle was stolen or not....just doesn't make sense to me that they can be considered unbiased enough to yield a fair determination.

I don't think this is over yet....I plan on suggesting to Jade that we complain to the state Insurance Commissioner about the manner in which the ****** County Mutual insurance company handled the matter. Sure, the owner of the vehicle can assert that it was stolen, but I think there ought to be more than a simple assertion required to make that determination.  We don't believe that the driver was a previous employee at the time of the accident (although he may have been fired b/c of the accident) any more than we believe that the vehicle was stolen....it's all too fishy, if you ask me.

We did consider contracting with an attorney, but Jade's injuries were so minor that I don't think they would take the case...they all want the high payout from a severe injury to take on the case.

This just sucks....but the silver lining is that Jade was not seriously injured, so I'm counting our blessings on that one!!

Cheers from.....
« Last Edit: November 27, 2011, 01:57:58 PM by YerDugliness »
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Offline Tio Kimo

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OT - Dugly's daughter
« Reply #11 on: November 27, 2011, 02:19:41 PM »
THANK GOD Dugly, that your daughter wasn't seriously injured.

Surely, you can loan her the Shelby to get around for a few days! [;)]

Just glad she's ok
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Offline Junior88

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OT - Dugly's daughter
« Reply #12 on: November 27, 2011, 02:48:48 PM »
Ahahah Kimo, I was going to recommend the saaame thing with regards to the Shelby [:D]

Yeup, Dug, glad she's OK. Civic's are a dime a dozen, she ain't.

Offline philpm

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OT - Dugly's daughter
« Reply #13 on: November 27, 2011, 02:56:31 PM »
Dug, glad to hear that your daughter's injuries were minor and that she shouldn't have any long term consequences from them.  Having been through more than a few accidents, that's always a welcome sign.

Now for the advice part.  I suggest you do get a lawyer to delve into whether or not the driver was in fact employed at the time.  Chances are pretty good he was, especially if the keys were in the car and the fact the owner didn't make any mention of the vehicle being stolen until after the police report was filed.  I find it hard to believe that any police department or insurance company would find that believable.  Sounds like a hell of a business, too, that has drivers so bad that they're forced into high risk insurance to cover them.  No reason they should be able to wiggle off the hook (both the owner of the truck and the insurance company) over a BS technicality.

Your idea about contacting the insurance commissioner is a good one.  I know from my time doing some work for the organization that the state commissioners belong to that Texas' insurance commission is pretty effective and should be able to provide some assistance in getting this resolved the right way.  Good luck on getting it all figured out!

Phil
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Offline Childbride

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OT - Dugly's daughter
« Reply #14 on: November 27, 2011, 02:59:47 PM »
So glad she's safe, Dugly!