Drunk Driver accident, please advise

[Michal]

Hello everyone, so it happened. I am not going to turn this into a "is it totaled thread", however I would really appreciate some advice as this is my first major accident like this.

As Im returning home last night, It felt like I got rear ended, just to see a car fly by on on the shoulder to my left.

As we come to a stop the driver revs the engine trying to take off just to realize his car is disabled. When that happens, both driver and passenger open their doors and start throwing cans out the window.

I try to capture everything with my phone. The driver stumbles out clearly under the influence, and says he cant stay and has to go.

I call 911 immediately and report that I have a drunk driver trying to leave the scene. I get the "we will be there ASAP."

NYPD took 3 hours to show up at the scene, the guy casually called an uber and left the scene. However, I was able to get his license and insurance info before.

Since the point of impact was the side not rear, I am afraid his insurance will attempt to split the responsibility, and without a police report and recorded DUI they might succeed.

As for the damage, my rear quarter seems intact, Gear tunnel both doors and a bit of front fender. It appears that my rock slider too a brunt of the impact (Thank You @electruck4x4 ). Will it be totaled, I don't know.

if you have any recommendations for good NYC or Long Island based Rivian certified shops, I would really appreciate it.

I took a video of the footage with my cell just in case. Before I ejected the drive, I added the footage to favorites, and clicked on download footage. It stated downloaded to USB-C but I can not find it in DriveCam>Saved Clips or in IncicentCam folder. What am I doing wrong?

Thank you everyone!!!

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[LivingInKaos]

That's terrible. Do you have a drive plugged in for road cam? You should be able to pull enough footage for insurance to see who was at fault.

 

[Michal]

I did, I added the clip to favorites then clicked on download, but can not find them on the drive when plugged into a PC. I am aobut to go back to the car to plug it back in, hopefully its still there

 

[electruck4x4]

Ack! So sorry to hear this happened, but am glad you are ok. Please let us know if there is anything we can do to help you get back on the road!

 

[LivingInKaos]

I did, I added the clip to favorites then clicked on download, but can not find them on the drive when plugged into a PC. I am aobut to go back to the car to plug it back in, hopefully its still there

The roadcam should be recording all the time while in motion. You should just need to find the right date/time block.

 

[iansriv]

Get a lawyer. When the drive in plugged in to a PC, you have to look around for the file. You should be able to get all four sides video on that drive. I hope they get what they deserve and then some. All the best.

 

[Rivdog]

It’s honestly better for you that the cops didn’t arrive in time and charge with a DUI. If the other driver actually has active insurance, the insurance company will likely deny coverage because he was under the influence. In simple terms, insurance companies generally have clauses that say the policy will not pay if the driver is intoxicated. Same with intentional acts, like deliberately hitting someone. As frustrating as it is, it’s better for you to not argue that the person was intoxicated.

 

[Michal]

Thank you for your feedback. I imagine they would deny the claim if he was filing. However, If I file it against his policy, wouldn't they still be liable?
Aren't factors like being drunk, distracted, etc reinforcing his liability?

 

[Joules Burn]

Did you save the cans for fingerprints?

 

[Michal]

Thank you for your feedback. I imagine they would deny the claim if he was filing. However, If I file it against his policy, wouldn't thy still be liable?
Aren't factors like being drunk, distracted, etc reinforcing his liability?

 

[CharonPDX]

It’s honestly better for you that the cops didn’t arrive in time and charge with a DUI. If the other driver actually has active insurance, the insurance company will likely deny coverage because he was under the influence. In simple terms, insurance companies generally have clauses that say the policy will not pay if the driver is intoxicated. Same with intentional acts, like deliberately hitting someone. As frustrating as it is, it’s better for you to not argue that the person was intoxicated.

Opposing insurance can deny covering their own person's damage due to DUI, but *NOT* the person they hit.

What might be the better option for you is to go through your own insurance, and let your insurance fight with the other person's insurance. Your insurance will pay for everything minus your deductible, then if they get the money from the other insurance, they'll pay you back your deductible.

And because this is *CLEARLY* the other person's fault, your insurance shouldn't punish you for it.

(My kid has been involved in two of these "other party's fault" accidents that we went though our own insurance, and it was easy. In one of the two cases, the other party's insurance tried to claim it was my son's fault, our insurance fought for us, paid everything without ruining our rates with them. In the end, they settled with the other insurance company, and we got half our deductible back, without it being declared my son's fault at all.)

 

[RivAW]

It’s honestly better for you that the cops didn’t arrive in time and charge with a DUI. If the other driver actually has active insurance, the insurance company will likely deny coverage because he was under the influence. In simple terms, insurance companies generally have clauses that say the policy will not pay if the driver is intoxicated. Same with intentional acts, like deliberately hitting someone. As frustrating as it is, it’s better for you to not argue that the person was intoxicated.

This entirely depends on the state. Either way, OP should consult with a lawyer....

 

[Rivdog]

Opposing insurance can deny covering their own person's damage due to DUI, but *NOT* the person they hit.

What might be the better option for you is to go through your own insurance, and let your insurance fight with the other person's insurance. Your insurance will pay for everything minus your deductible, then if they get the money from the other insurance, they'll pay you back your deductible.

And because this is *CLEARLY* the other person's fault, your insurance shouldn't punish you for it.

(My kid has been involved in two of these "other party's fault" accidents that we went though our own insurance, and it was easy. In one of the two cases, the other party's insurance tried to claim it was my son's fault, our insurance fought for us, paid everything without ruining our rates with them. In the end, they settled with the other insurance company, and we got half our deductible back, without it being declared my son's fault at all.)

That’s actually false, the insurance can deny claims for the other driver’s injuries and damage. I’m glad it worked out for you through subrogation, but that’s not the case for everyone.

 

[Michal]

I am based in NYS. I was told that most lawyers would not be interested unless there is a personal injury involved.
At this point, should I file a claim directly with their insurance (seems like I would be at their mercy because I was in motion and hit on the side.) or go via my own comprehensive and have them recover the damages?
-Should I mention all the facts pointing at DUI?

 

[VSG]

Report it to your insurance right away and let them handle it. Preserve your rights by reporting it promptly.

I really don't understand why you would have insurance then try to keep your insurance company out of it - even if you deal directly with the other company (and you're not their customer, so what do they care about you anyway?) your insurance company will still find out all about it.

Better to deal with your insurance and let them fight the other company to avoid paying anything. They know how to do that better than you. And yes, give them all the information, anything you have, and a copy of the police report.

Sad thing is, the other party is probably going to get away with DUI. The police aren't going to track them down (no one was hurt) and by the time the insurance companies get through to them they will be sober again. And unless you took pictures of them getting out of the car, there's no proof who was driving. The other party will try to claim that someone was driving their car without permission. That uber driver is also liable IMO for aiding a person to flee the scene of an accident. They got picked up on the shoulder of a highway right next to an accident - it's not like the driver didn't know.

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