Drunk driver crashed her car into my porch

[JS80]

Crazy stuff. Back in high school a similar thing happened to us. I was watching TV and all of a sudden I hear a faint screeching noise that came closer and closer and then a huge BOOM. I run outside and there is an infiniti Q45 in our front yard about a foot away from our garage. The kid was speeding down our street (which is at the bottom of a decline), lost control and basically swept through our neighbor's lawn and into ours.

About a week before, our neighbors, who had little kids, had decided to build a METAL fence around his yard and plant some small bushes to make the fence visually more pleasing. The crash basically took out the entire metal fence (which explains the BOOM) and landed in our yard.

Had our neighbors not built that fence, i think he would have taken out our garage and ruined our cars.

Not sure if his insurance paid for it, but his dad was some rich indian doctor...I'm guessing he paid cash to fix everything.

 

[mugs]

Regarding peace of mind - not much you can do except to accept that it was a fluke and is unlikely to happen again. There isn't enough room to plant a tree there, so unless you want to put a cement/steel pillar in your front yard, you can't do much to prevent drunks from driving into your living room.

Regarding house value - as long as it's fixed properly, I don't think the value will be affected. You'll want to get some support under your porch roof ASAP.

 

[Ns1]

i think you sue HER, not your insurance...

 

[sactoking]

Originally posted by: mattocs

Originally posted by: DisgruntledVirus

Originally posted by: Juked07
He fixed the link super fast haha

Might have just been down for me.

OP if she is not covered under that insurance policy, then get in contact with her and find out if she has other insurance. If she does not you can sue for damages. The police report should list all of her information, and if you can talk to her parents (sounded like she was early 20's so might live at home or is on parents insurance) try to get the policy #. If she doesn't have insurance make sure to let the police know so they can add those charges to her, and that will be something that would make her life hell to get insurance at a reasonable cost for a while. Your home insurance should cover the repairs, and it shouldn't affect your rates (I can't say for certain, but seeing as she was liable for the damages it shouldn't affect your rates). I don't know if you filed a claim under your policy, but if you haven't don't (if possible). Go through her first and try to get an active policy. File against your policy as a last resort, because excessive claims can affect rates. It also will show up in the CLUE database as a claim, and could affect your insurance in the future (even though you are not at-fault, it still is a ding against you).

Glad to hear nobody was injured.

It wasn't her car. It had out of state plates. They said her address was just down the road from me. The car she was driving was insured, but not to her.

In Penn, permissive use applies. If she had the car with the owner's permission, or believed she had the owner's permission, the owner is imputed to have liability. She may not be a "named insured" on the policy, but unless she was explicitly excluded from coverage or the owner can prove she stole the vehicle, she's covered.

Check Page 12

 

[imported_Imp]

Originally posted by: dbk
Can you install some road block in front of your house?
I hope everything works out for you.

Get some dragons teeth or petition the city to make you a damn guard rail. If you've been hit twice already, what further proof do they need.

Bad idea to do it yourself. Like you said, you know someone who's been sued. And if they don't sue, you're going to have to make and repair your own fence (ya, small patatoes compared to a house).

 

[DisgruntledVirus]

Originally posted by: mattocs

Originally posted by: DisgruntledVirus

Originally posted by: Juked07
He fixed the link super fast haha

Might have just been down for me.

OP if she is not covered under that insurance policy, then get in contact with her and find out if she has other insurance. If she does not you can sue for damages. The police report should list all of her information, and if you can talk to her parents (sounded like she was early 20's so might live at home or is on parents insurance) try to get the policy #. If she doesn't have insurance make sure to let the police know so they can add those charges to her, and that will be something that would make her life hell to get insurance at a reasonable cost for a while. Your home insurance should cover the repairs, and it shouldn't affect your rates (I can't say for certain, but seeing as she was liable for the damages it shouldn't affect your rates). I don't know if you filed a claim under your policy, but if you haven't don't (if possible). Go through her first and try to get an active policy. File against your policy as a last resort, because excessive claims can affect rates. It also will show up in the CLUE database as a claim, and could affect your insurance in the future (even though you are not at-fault, it still is a ding against you).

Glad to hear nobody was injured.

It wasn't her car. It had out of state plates. They said her address was just down the road from me. The car she was driving was insured, but not to her.

Ah, okay that changes things a bit.

Since she borrowed the vehicle she is at-fault and the owner of the vehicle and you are both the claimants (people who suffered a loss of no fault of their own). Depending on state laws, and the vehicles owners policy you might be able to get it covered through their insurance. Most auto policies cover people that you let drive your vehicle, so unless she stole it that policy might cover the damage to your home. In this case get in contact with the owners insurance and file a claim with them, it might not get covered with them but it very well could (once again depending on the state and specific policy).

If she stole the vehicle then the other insurance wouldn't cover your loss at all, and you would need to go through your policy.

As a side note to the post above about going through your insurance last. If you cannot wait for repairs, and/or don't have the money to pay out of pocket for them then go through your policy by all means. That is what is there for, but realize it *could* affect you later on. Repair of the home is first and foremost, and so you need to do whatever is needed to do that. The other insurance companies will most likely make it take a while to get money from them, so if you can't wait/pay out of pocket then have your company fix it and let them subrogate the money back.

Edit: sactoking got it. I didn't look at what state, but he did 🙂 :beer:

So from the fact permissive use does apply, you need to go after the owner of the vehicles insurance. As long as she is not excluded, and it's not stolen (as sactoking said) that policy is liable for the damages. Call that company back and file a claim, if the rep gives you shit talk to their manager. Either way file the claim with the owner of the vehicles policy and then they can deal with the girls insurance (or lack of it).

 

[Kelemvor]

Some insurance companies cover the car regardless of who's driving. Find out who really owns the car and get their info.

But yeah, cal an attorney right away and take them up on their free phone consultation most offer.

Good luck.

 

[jemcam]

I would like to sue. But I don't think she has auto insurance...so I would have to sue my own insurance company. Is that common? Does it work?

WTF are you going to sue your own insurance company for? Their contract with you is to pay for the damages and it sounds like they're doing that.

 

[PingSpike]

Originally posted by: mugs
Regarding peace of mind - not much you can do except to accept that it was a fluke and is unlikely to happen again. There isn't enough room to plant a tree there, so unless you want to put a cement/steel pillar in your front yard, you can't do much to prevent drunks from driving into your living room.

Regarding house value - as long as it's fixed properly, I don't think the value will be affected. You'll want to get some support under your porch roof ASAP.

Could have been worse, last year in the town where I work some drunk drove their SUV into some one's living room.

And just yesterday elsewhere in the state, another drunk rolled his SUV into a building, setting it on fire and doing a half a million in damage. Incoming ford exploder! From the looks of the guy, it looks like his jaw hinge needs tightening.

 

[brandonbull]

Your insurance company should be the one worrying about the issue of whom to sue.

 

[boomerang]

Originally posted by: mattocs

A car came into my house. Directly to the left of image one is a white door. That leads to my living room. Against that door (we don't use it) is my chair I sit in while I watch TV. It is about five feet from where that car is. My wife and I would like to raise a family in this house. How are we supposed to have any peace of mind now? And, later in life when we decide to sell and buy another home, we would be required to inform any buyer of what happened. I know when we went house hunting, all places had a disclosure of any repairs done and incidents that happened in the house. What kind of drop in value would we see?

First thing you need to do is try to calm down. You're upset. These questions you're asking are a result of that - I hope.

I am going to call around for an attorney eventually after I get some more info, a police report, and etc. I don't have a lot of money, so I hope I can get one that will not charge a fee unless we get some money.

It's your right to do so. But what do you hope to gain from a lawsuit? I can guarantee you the drunken driver that ran into your house does not have a pot to piss in. You'll find it nearly impossible to find an attorney to take on a case like this. You could sue for your deductible in small claims court. Good luck getting the money.

I couldn't sleep last night. Every time I heard a car coming, I was instantly awaken. I hope its just some temporary anxity and worry. If it lasts for a few days, I am going to go see a doctor. Right after it happened, I was fine. I was glad everyone was ok, and my house was still livable while we waited for repairs. My wife was upset, but she is ok now. But after everything settled down, my mind kept racing. What happens if its a big truck next time? It almost happened twice in one day. What happens if they kill my dog or something. He likes to sleep next to my chair when I am not home. Gahhh.

An airplane could crash into your house. Once again, try to calm down. There are no guarantees in this life. You could have a heart attack stepping off the porch next week.

EDIT:

I would like to sue. But I don't think she has auto insurance...so I would have to sue my own insurance company. Is that common? Does it work?

Sue your insurance company? For what? Paying for the repairs to your house?

 

[walrus]

Plant a tree or two, something big and fast growing

 

[mattocs]

I talked to a claims guy from State Farm. They will take care of suing her. They will try and sue her and her insurance company, and if that does not work, they will cover it. I told them the porch roof might fall off since the supports are gone. I was told not to clean anything up, and leave it as is until the adjuster comes out.

An adjuster will be out one of these days.

 

[sactoking]

Originally posted by: mattocs
I told them the porch roof might fall off since the supports are gone. I was told not to clean anything up, and leave it as is until the adjuster comes out.

An adjuster will be out one of these days.

If you think the roof might fall, DO NOT listen to what State Farm told you. Make whatever temporary repairs are necessary to stabilize the structure. It's called 'mitigating your loss'.

If you leave it 'as is' while you wait and it hurts ANYONE, you're liable for their injury. Also, if you leave it 'as is' and it collapses causing more damage, State Farm WILL deny the additional damage claim and it will be up to you to prove that you were told to leave it and that you made a reasonable reliance upon that statement.

In short, you're much better off propping it up with some 2x4 or something that can be easily installed and uninstalled as a temporary measure.

 

[mugs]

Originally posted by: sactoking

Originally posted by: mattocs
I told them the porch roof might fall off since the supports are gone. I was told not to clean anything up, and leave it as is until the adjuster comes out.

An adjuster will be out one of these days.

If you think the roof might fall, DO NOT listen to what State Farm told you. Make whatever temporary repairs are necessary to stabilize the structure. It's called 'mitigating your loss'.

If you leave it 'as is' while you wait and it hurts ANYONE, you're liable for their injury. Also, if you leave it 'as is' and it collapses causing more damage, State Farm WILL deny the additional damage claim and it will be up to you to prove that you were told to leave it and that you made a reasonable reliance upon that statement.

In short, you're much better off propping it up with some 2x4 or something that can be easily installed and uninstalled as a temporary measure.

Yeah, I would definitely put something in there temporarily to hold the corner of the roof up. Don't try to fix it, just put some temporary support under there, if for no other reason than because it might fall on YOU.

 

[iamwiz82]

Originally posted by: sactoking

Originally posted by: mattocs
I told them the porch roof might fall off since the supports are gone. I was told not to clean anything up, and leave it as is until the adjuster comes out.

An adjuster will be out one of these days.

If you think the roof might fall, DO NOT listen to what State Farm told you. Make whatever temporary repairs are necessary to stabilize the structure. It's called 'mitigating your loss'.

If you leave it 'as is' while you wait and it hurts ANYONE, you're liable for their injury. Also, if you leave it 'as is' and it collapses causing more damage, State Farm WILL deny the additional damage claim and it will be up to you to prove that you were told to leave it and that you made a reasonable reliance upon that statement.

In short, you're much better off propping it up with some 2x4 or something that can be easily installed and uninstalled as a temporary measure.

I agree, just go get an 8ft 2x4 and prop it up.

 

[So]

You don't need a thick fence. If you can get the city to put up a guardrail, that would be ideal. If not (or maybe even as a second backup) you probably would want to put in a tall chainlink fence with relatively closely spaced poles and then bury the poles deep, and fill them with concrete. My grandfather did this back in the 70s for a friend who had a mailbox on the corner that kept getting intentionally run down by punk kids with a Jeep. The pole bent ~15 degrees, the Jeep was totaled, and the last time I was in town, the mailbox was still there, canted at a slight angle.

 

[Vette73]

Yep you don;t need a lawyer. Your insurance will go after her. Get a couple of estimates for the repairs and tell them you want it done right, not cheap.


Also if there is enough room get what I like to call a "Drunk rock". Most malls and such use large rocks to keep the "drunks" from crashing into things. This way it looks better then a man made wall but also serves a purpose. Should be cheaper and of course less maintaince, its a freaking rock.

Oh and also get some treatment for the wood on your porch. Looks dry and like it is starting to go bad. Wait until after repairs are made so all of it will match and the new work will not stand out.

 

[fstime]

LMAO at suing your own insurance company.

 

[jemcam]

I told them the porch roof might fall off since the supports are gone.

I see only a couple of supports gone. There's still plenty of support there to hold the roof up. Exaggerating to your rep won't get you faster service. That roof is not even close to falling off.

 

[OutHouse]

Originally posted by: d33pt
Build a block wall there. Strongest one you can make.

no get relly big boulders to put in your yard. a 2 ton boulder should do the job just fine and are not that big.

 

[iamwiz82]

Originally posted by: Marlin1975
Yep you don;t need a lawyer. Your insurance will go after her. Get a couple of estimates for the repairs and tell them you want it done right, not cheap.


Also if there is enough room get what I like to call a "Drunk rock". Most malls and such use large rocks to keep the "drunks" from crashing into things. This way it looks better then a man made wall but also serves a purpose. Should be cheaper and of course less maintaince, its a freaking rock.

Oh and also get some treatment for the wood on your porch. Looks dry and like it is starting to go bad. Wait until after repairs are made so all of it will match and the new work will not stand out.

Check local regulations before you go this route. Rocks like that are against the law in my city.

 

[amdskip]

That damage isn't all that bad but there's a good chance that it wasn't built correctly a long time ago so it might take a little to fix it up.

 

[Vette73]

Originally posted by: iamwiz82

Originally posted by: Marlin1975
Yep you don;t need a lawyer. Your insurance will go after her. Get a couple of estimates for the repairs and tell them you want it done right, not cheap.


Also if there is enough room get what I like to call a "Drunk rock". Most malls and such use large rocks to keep the "drunks" from crashing into things. This way it looks better then a man made wall but also serves a purpose. Should be cheaper and of course less maintaince, its a freaking rock.

Oh and also get some treatment for the wood on your porch. Looks dry and like it is starting to go bad. Wait until after repairs are made so all of it will match and the new work will not stand out.

Check local regulations before you go this route. Rocks like that are against the law in my city.

😕 Really? You know why? I don't see a good reason they should be. I am talking about rocks maybe 2-3feet round.
Have seen them used a lot not only here in N.VA btu also NC where I moved from.

 

[M0oG0oGaiPan]

her insurance company should pay for it. They'll probably ask you to get some quotes on repairs first. if they're fair they probably won't care if you go with the expensive shit. A similar thing happened to a former coworker. Some girls drove right through his regular fence tore up a bunch of bushes trees and ripped up an entire privacy fence and almost went into a pool.

since her insurance is crap your insurance company should take care of things for you.