'03 LC Hit by Drunk Driver. Think it's totaled? (1 Viewer)

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I’m Playing devils advocate for him On the friend side... Op did his duty to drive safe and have insurance and he deserves to be able to have his rig fixed to his satisfaction...not settling on a low fix amount because that’s what the other persons insurance may try to tell him.

Not a Shred of high horse by definition in my statement unless you define a moderate expectation to have your s*** fixed when damaged as arrogant.

I 100% agree with the sentiment that it sucks for other people to break your s***. I had an F250 stolen from me and its such a crappy feeling. Like I work hard to have this stuff and this person has just come in and ruined that.
 
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Sue the driver for the total cost of the land cruiser plus all the legal fees and time/money lost due to this ordeal. It wasnt a mere accident. Driving drunk is a felony. He made the choice to drive impaired putting everyone on the road at risk. Intentionally. You suffered loss due to his felony.
 
Truck is now listed for sale in the classifieds. Asking $2500. Lots of recent maintenance.
 
Whole parts truck for less than the cost of the power brake booster/master cylinder assembly. Id call that a steal.

Yep! Whole parts truck that is still registered and insured, with a clean title. I've driven it about 500 miles since the crash.
 
You were 'embellishing' (if you like that word better) the story in order to make a misdirected point. What you proposed DID NOT happen. I am not minimizing or rationalizing the seriousness of deaths caused by drunk driving. I'm saying that there are already laws against it and punishments for those infractions (both criminal and civil). You seem to want to penalize for things that 'could' have happened. Where would that stop?

I've already pointed out the way for you to get stricter laws enacted for 1st time offenders. Find like minded people and call your elected officials. That's how the system works. Yeah, it takes some effort. Get started.

We all agree that any vehicular deaths are a tragedy. If your 'pet' grievance is DRUNK/impaired driving...fine. Get some legislation started and I will vote for it. But I submit more accidents these days are caused by distracted driving (read Cell Phones) than anything else. That's where I'd start.
My ‘05 LC was totaled this last July by a texting kid. He rear-ended me going 50mph in a Civic. Totaled both vehicles. Although mine didn’t look bad, he hit me hard enough to crack the radiator (you can see leaked out in front). Sure enough, bent the frame. Quote was $16,800 to repair.

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My ‘05 LC was totaled this last July by a texting kid. He rear-ended me going 50mph in a Civic. Totaled both vehicles. Although mine didn’t look bad, he hit me hard enough to crack the radiator (you can see leaked out in front). Sure enough, bent the frame. Quote was $16,800 to repair.

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Wow! Hope you are OK. Thats a huge hit...

The force thru the frame to twist it that hard is unfathomable...
 
Sue the driver for the total cost of the land cruiser plus all the legal fees and time/money lost due to this ordeal. It wasnt a mere accident. Driving drunk is a felony. He made the choice to drive impaired putting everyone on the road at risk. Intentionally. You suffered loss due to his felony.

Not defending the person at fault, but please brush up on your Law.

DUI laws vary from State to State but without additional information...you can't make the blanket statement that DUI is a 'felony'.

Massachusetts Law is like many other States:

"First and second-offense DUIs are misdemeanors in the state of Massachusetts. Third offenses and any subsequent offenses are considered a felony DUI. However, there are some exceptions to these rules. First and second offense DUIs can become felony offenses if they involve these scenarios.

Serious Bodily Injury – If a driver receives a DUI charge after causing serious bodily injury to another individual, their charge is “OUI Serious Bodily Injury,” which is a felony regardless of whether it’s a first or second DUI offense. “Serious Bodily Injury” is defined as the following:

Causing loss of limb or substantial impairment for a considerable period of time

Causing total disability

Creates a risk of death"


Now....you can 'sue' all you want, for just about anything at any time these days. But I'd wager it will be a tough case to win if you go in (without injury) seeking recompense for 'inconvenience'. Lacking injury (as in this case) I doubt you'll have much success. But then you never know what a jury might decide.

In any case...this is a civil matter NOT criminal and I wish folks would learn to make that distinction.
 
I 100% agree with the sentiment that it sucks for other people to break your s***. I had an F250 stolen from me and its such a crappy feeling. Like I work hard to have this stuff and this person has just come in and ruined that.

We all share the sentiment that is 'sucks' to suffer loss and inconvenience caused by the actions of others. But by and large...that is why we carry insurance (electively or by requirement). Just how the system works and the risks we take each day to own and operate a vehicle.

IF enough people were to disagree with the present system, it could be changed. Long road to go down...but doable.
 
If they got oj in civil, you can get that guy who hit your truck too. #precedent

im kidding, this post needed some fun. Since it seems op has resolve and truck is now a part out
 
If they got oj in civil, you can get that guy who hit your truck too. #precedent

im kidding, this post needed some fun. Since it seems op has resolve and truck is now a part out

Anything is 'possible' in a jury trial....I'd be the first say that.

But...the OP (more than 'resolve') has simply displayed intelligence and integrity, then moved on.

We all share the same feelings about his misfortune and don't wish it to happen to anyone else.
 
Anything is 'possible' in a jury trial....I'd be the first say that.

But...the OP (more than 'resolve') has simply displayed intelligence and integrity, then moved on.

We all share the same feelings about his misfortune and don't wish it to happen to anyone else.

I read this yesterday and it had me agreeing with your sentiments.


drunk driving is a different sort of Negligence but this is an example of bat**** crazy. I wouldn’t wish this on anyone
 
Gunna go ahead and ignore all of this banter and just respond to the initial question. I had a similar incident, once damage gets around $8k , your insurance company will try to call it a total loss based on their values for these vehicle. I was able to send a half dozen comps of cruisers for sale with the approx same mileage and year ( no mods ) ranging from $13-18k..This allowed the insurance company to pay out for all of my damages.
 
Gunna go ahead and ignore all of this banter and just respond to the initial question. I had a similar incident, once damage gets around $8k , your insurance company will try to call it a total loss based on their values for these vehicle. I was able to send a half dozen comps of cruisers for sale with the approx same mileage and year ( no mods ) ranging from $13-18k..This allowed the insurance company to pay out for all of my damages.


My damage was appraised at $6500. I take that check, sell the truck for parts or repair at $2500 I will be fine financially.
 
Gunna go ahead and ignore all of this banter and just respond to the initial question. I had a similar incident, once damage gets around $8k , your insurance company will try to call it a total loss based on their values for these vehicle. I was able to send a half dozen comps of cruisers for sale with the approx same mileage and year ( no mods ) ranging from $13-18k..This allowed the insurance company to pay out for all of my damages.
I did the same thing with comps. I ended up getting a check for $13,200. My ‘05 had 179,000 miles, no mods.
 
Not defending the person at fault, but please brush up on your Law.

DUI laws vary from State to State but without additional information...you can't make the blanket statement that DUI is a 'felony'.

Massachusetts Law is like many other States:

"First and second-offense DUIs are misdemeanors in the state of Massachusetts. Third offenses and any subsequent offenses are considered a felony DUI. However, there are some exceptions to these rules. First and second offense DUIs can become felony offenses if they involve these scenarios.

Serious Bodily Injury – If a driver receives a DUI charge after causing serious bodily injury to another individual, their charge is “OUI Serious Bodily Injury,” which is a felony regardless of whether it’s a first or second DUI offense. “Serious Bodily Injury” is defined as the following:

Causing loss of limb or substantial impairment for a considerable period of time

Causing total disability

Creates a risk of death"


Now....you can 'sue' all you want, for just about anything at any time these days. But I'd wager it will be a tough case to win if you go in (without injury) seeking recompense for 'inconvenience'. Lacking injury (as in this case) I doubt you'll have much success. But then you never know what a jury might decide.

In any case...this is a civil matter NOT criminal and I wish folks would learn to make that distinction.
After reading i googled and found that victims of loss of property due to drink drivers cannot sue typically unless related to injury.
It doesnt change my sentiments though. Someone got drunk (enough to have slurred speech as noted), and as a result- his irresponsibility and arrestable mistake resulted in the loss of another mans property. I still think he should be reimbursed. It sucks that the insurance system does not typically pay our for totaled cruisers in our favor without a fight.

I am not a law student by any means (and have no interest on brushing up my law) and im sure that my postings and sentiment will not be followed literally. And seeing as how you are right about the felony/misdemeanor aspect of things. Im sure a person trying what i mentioned would get real legal advise from a lawyer. Not a land cruiser forum.

Its better he wrecked a land cruiser than plowing into someones family in a crosswalk. I hope the owner of the cruiser gets what he is owed (no more no less) in the end and is reimbursed.
 
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It just doesn't take much to total these things out now, unfortunately.
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This happened in October on my way to work. Guy turned in front of me when I had the right of way. Cop issued him a citation. I could of bought it back and fixed it, and maybe come out ahead, but I took the check for $8K and walked. '01 w/ 198K.
 

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