Drunk neighbor crashed into our horse pasture [Archive]

okggo

Sep. 27, 2008, 07:40 AM

Argh, 2:00 am police banging on our door. He ran through the neighbors yard, knocked over two mailboxes, damaged our driveway, went through our stone wall, hit 3 full grown trees, ran through our fence snapping 3 posts and ended up in our horses pasture on top of a tree stump.

Ramm is amazing stuff, we have the coated wire, and despite two strands wrapped around his tires and posts being snapped in half, the wire popped right back up from where he drove through it. The electric fence was sparking like crazy so the whole fire department and then some was out there thinking it was downed power lines.

Horses, thank god, were not hurt but very very curious by everything going on. They walked right up to us, so we locked them in the run-in shed, where they still are with hay and water.

There is a HUGE mess to clean up, and his rear windshield blew out leaving our pasture covered in glass GRRRRRRRRRRRRR.

The guy left the scene, they did a search (called in K9 and helicopter) and found him about a mile down the road walking home, not a scratch on him. He lives about 5 houses down from us, and his mini cooper is, well, RIP.

I've got his insurance information and everything, but am not sure next steps. We are going to take pictures of everything but can't wait for an agent to look at it b/c we have our horses crammed in the shed. So we need to get the mess cleaned up and the fence re-set for their sakes. I'm praying they cover everything, mailbox, driveway, wall, fence, trees...maybe that is wishful thinking, but he was arrested for DWI so that has to be in our favor....

Anyway, WWYD from this point on about insurance, costs, repairs, etc?

MistyBlue

Sep. 27, 2008, 08:14 AM

Wait...whoooaaa....he went through all that with a *mini cooper*? Good Lord...mother nature does seem to take care of drunks and fools, huh??? Those cars are cute as heck to look at but I'd imagine they're death traps on tires considering their size compared to the average USA vehicle. :eek:

Glad to hear no horses were hurt...and admit I got a grin out of them being more nosey than spooked. ;) I have Ramm fence too...mine has taken a couple really hard hits and done wonderfully...but it's never had the kind of abuse yours just went through. Sheesh, that's tough stuff!

I would definitely hope they cover everything...I would assume his insurance would cover all property damage. And I'd also make sure to get quotes from a couple fencing/landscape places...only because a lot of your damage is labor intensive even more than cost. Rebuilding a section of stone wall is a crapload of hard work even though you already have the materials sitting there strewn all over. A few fence posts aren't expensive, but it's a royal pita to put new ones in. I have no idea how much they cover for trees and ground/driveway damage. But do get the ball rolling immediately and take ss many photos from as many angles as possible.

Just a thought...is there a way to put up some temp fencing until an insurance adjuster comes out? They're going to try to minimize damage and repair payments as much as possible...that's their job. I'd try not to give them any base for argument.

So sorry your place got all torn up...that's got to be annoying as heck.

tikidoc

Sep. 27, 2008, 08:19 AM

I would notify insurance NOW. Get instructions from them and let them know you need to start repairs ASAP (today) for the sake of the animals. They might be able to get someone out today. Sounds like you are doing everything correctly - take LOTS of pictures from every possible angle before you fix anything. But I would still at least report this to the insurance company before you start repairs. Most have a way of accepting reports 24/7, and you might have less of a fight if you have an OK to start repairs after taking pics. Also, if they say go ahead, DOCUMENT the name of the person you talked to as well as time and date. Keep every receipt, as well as a record of how much time you spent on the repairs. I would ask to be reimbursed for my time as well, if I am the one doing the repairs.

GoForAGallop

Sep. 27, 2008, 08:24 AM

I have no idea how much they cover for trees and ground/driveway damage. But do get the ball rolling immediately and take ss many photos from as many angles as possible.

Had a similar situation happen...my guy didn't make it to the horse pasture, thank god, and ended up with some internal bleeding, but whatev. I have no pity on drunk drivers. But they DO pay you for the value of the tree, or they should. Our DD hit a 100 year old crab apple...I think we maybe got $400 for it? Not that we could replace it, but we wanted it torn down anyway! ;)

Had a SEPARATE DD (and we live on a straight stretch of road!) plow into our yard...we went out to check on him and he and his buddy are frantically pushing the car out of the gigantic divots that it made. We try talking to them, and they just like, blissfully ignore us. So, anyway, we'd called the cops by then and have their license plate number, and we watch them peel out of our driveway. Then two seconds later the cop pulls in, and we point him down the road! :) Stupid drunks. But anyway, point of the story, the divots were gigantic so we got a quote from a landscaper what it would be to fill it in and reseed and what not, and got that. A handful of hundreds, if I remember correctly. My uncle went out and tamped it down with a shovel. lol

I agree with Misty....string up some secondary electric until the insurance company can get out there, and really be pushy with them about being prompt. Yes, it is ALL that guys fault, and he will have to pay for it. Or at the very least should.

As a side note.....wow that's going to make for some awkward block parties! ;)

okggo

Sep. 27, 2008, 08:26 AM

Yes a Mini Cooper!! Everyone was raving about that car. There is paint 10 feet up on one of our trees where he was air born when he smacked that one. Don't get me wrong, it was completely distroyed, front, both sides, and rear smooshed, but internally held up 100%. Had that guy not been buckled I'm sure we would be cleaning up miscellaneous human parts on top of the car casualty.

My fear with quotes, it's Saturday and most places are closed, and it could be a week before we get any. We plan to start the repair job on it today. I could ask people generically how much they would charge to fix about 600 feet of fencing, and get quotes after the fact...I'm just really itching to start fixing this mess up. His insurance claims # said they aren't even open until Monday. :(

The rest of it quotes won't be a problem, the wall, etc. as they aren't an immediate danger. My biggest concern is the pasture and fence.

Yes, the horses were joined as one looking at all the flashing lights like deer in headlights. The one foal looked like she wanted to go help, the other three were just frozen in awe. There were sparks, fire truck lights, sirens, police car lights and sirens, not to mention the car in the pasture, the police dogs, the search, so we are thankful none of the horses decided to try for suicide! My poor puppy about had heart failure when she saw the fireman though, she ran and hid under our truck and wouldn't come out.

LaBonnieBon

Sep. 27, 2008, 08:30 AM

We have had this happen at our farm before. So far, all the people who have run through the fence (majority were drunk!) have been pretty cooperative.

I'd recommend calling the guy's insurance company as well as your own (homeowners) to report it and give them the guy's insurance info. In the mean time, take pics, video footage, etc.... then start the clean up process. There have been times we did all the fixing/cleaning ourselves and just billed the insurance company, and a couple times where we had the police arrange for that and the people's insurance company paid for it.

Recently someone ran off the road and took out 3 of our fence posts and somehow managed to miss the telephone pole. Those people never stopped and were able to pull back on the road and continue on. We just fixed that one ourselves and did not bother reporting it to our insurance.

It's a scary thing.... and it it also why I am selective about what fields we use. Thankfully we've only had livestock get out 1x.

I'm glad your fencing stood the test and that all the horses were fine!!!

Sansena

Sep. 27, 2008, 08:33 AM

Anyway, WWYD from this point on about insurance, costs, repairs, etc?

To CYA, I'd call my lawyer. This one has headache painted all over it.
Can the horses be corralled away from the damage? Would it kill them to be in the t/o shed for a few days?

The naiive side of me says your homeowners insurance should cover all costs, then your ins company will go after his. The pessimist knows it won't be nearly that easy.

Laurierace

Sep. 27, 2008, 08:40 AM

okggo

Sep. 27, 2008, 08:44 AM

You should contact your homeowners insurance company and file the claim with them. They will in turn go to his insurance company to recoup their losses. You will have to pay your deductible but you will get it back when your insurance company collects from his. Glad the horses are ok, everything else can be replaced.

Just curious, why mine vs his? I called the claims # for mine this morning, and the guy who answered said I could work through the guys company but suggested I call my agent Monday. So he didn't take a claim from me. Sorry, I've just never been through something like this (fortunately) so I don't really know proper protocol.

TIA.

Laurierace

Sep. 27, 2008, 08:49 AM

That is what insurance is for. They will go to bat for you with lawyers and such if needed, all at no cost to you other than your deductible that you will eventually recoup. It will still be a hassle but nowhere near as much of a hassle as trying to handle all the details yourself. You will probably have a check in your hand the next day, it could take months to get a check from his insurance.

Tamara in TN

Sep. 27, 2008, 08:52 AM

Anyway, WWYD from this point on about insurance, costs, repairs, etc?

the only time it happened to us it was a teenager and his Daddy had Capt.Hangover out at a brisk windy 7 am the next morning rebuilding fence...:) he may have preferred the drunk tank...

best

J Swan

Sep. 27, 2008, 08:54 AM

JanM

Sep. 27, 2008, 08:54 AM

For insurance claims you call the 800#-claims are generally through the main company not your local agent (after the house fire the central office gave me a number, assigned an adjustor, and my agent was not involved at all-I think it's to make everything more official and the adjustors are trained to do claims but the agents are salespeople). You need to take a digital camera or disposable and document everything now-just because you have insurance information from the drunken idiot doesn't mean that he actually still has a policy with the company or that you will get paid. If he doesn't have good insurance or anything else pops up I would get a lawyer-sometimes just the threat of legal action does it. Even if you did the original work yourself I would hire people to repair it-why should you use your time and effort to do his sorry butt a favor?

From a previous family situation involving a personal injury caused to a pedestrian by a stupid driver my understanding of the situation is that you only deal with the police and your insurance company or lawyer--his insurance company may indeed contact you (if he really has a current policy) to try and get you to settle quickly before you have time to assess all of the damage and costs. Don't sign waivers after you start getting money until you are positive that all of the damage is assessed and repairs are completed or you may not be able to go back for more. Read every letter of everything you sign. Get a copy of the police report, and if this guy turns out to have a lapsed policy or something else get a lawyer immediately or you will get screwed over.

YankeeLawyer

Sep. 27, 2008, 08:54 AM

Laurierace is correct.

okggo

Sep. 27, 2008, 08:58 AM

Do not forget soil remediation!!!!!!

The vehicle likely leaked oil and/or antifreeze.

I'm so glad your horse's were not injured. When you're working with the insurance company - be assertive and demand that every piece of detritus be removed, replacement trees (measure the downed trees and demand replacements that add up to the caliper of the downed trees), demand inspection and testing of soil by a licensed remediation company. Even pasture mix if your pasture has been damaged in any way.

Why is it that these people manage to walk away from such accidents? I'll never figure that out.

We do have gasoline, at the least out there, I hadn't thought of soil remediate, thanks! I'm on the phone with our 800# now.

Tamara, this guy is 40 years old, and in jail at the moment, so...lol. I'm not sure I'd want his help anyway, but in your situation I would have gladly let the teen do the work!!

grandprixjump

Sep. 27, 2008, 09:18 AM

Some insurance companies will EXCLUDE drunk driving, esp if the person has done that before, YOUR insurance company might have to go after him directly and you NEVER know how long that will take...

Daydream Believer

Sep. 27, 2008, 09:25 AM

OMG Julie! I'm so glad your horses are OK! What a terrible mess to have to deal with. I would be torqued!

Tamara in TN

Sep. 27, 2008, 09:31 AM

Tamara, this guy is 40 years old, and in jail at the moment, so...lol. I'm not sure I'd want his help anyway, but in your situation I would have gladly let the teen do the work!!

we had actually slept thru most of the excitement as it was on one of the fields on the main road.....until a knock on the door Sat morning and an apology...and a query as to where he might find some post hole diggers...

his Daddy had pulled him out of the fence with a bigger truck and there were no police or livestock involved...we would have never known save the fact that his Daddy was "old school"...the boy looked like hell and prob felt as bad....I hated it for him :lol: but he did bring it on himself

best

Haalter

Sep. 27, 2008, 09:52 AM

How scary, and I'm really glad your horses are okay!

Personally, I'd contact your insurance and/or attorney and discuss boarding the horses out until the mess is cleaned up. Of course, the cost of this should be covered by the asshat who did this. I wouldn't want my horses penned up in a run-in or risking injury from glass/antifreeze/etc that you really should leave be until an adjuster comes. Remember too that you might have to pull down more fencing to allow entrance of heavy equipment to remove the downed/damaged trees and refill the holes from their roots, if they are huge...JMO.

spaghetti legs

Sep. 27, 2008, 10:16 AM

How very scary! I'm so glad everyone is OK.

What are you going to do about the glass!!!

marta

Sep. 27, 2008, 10:25 AM

okggo

Sep. 27, 2008, 10:34 AM

explain the situation.
take photos in case they don't send anyone out right away.
keep track of every penny you spend on clean up and repair.

it is incredible that he managed to go through all that w/ a mini and then proceed to walk home. how much was left of that mini???

Practically nothing was left of the exterior, interior was okay, but outside was completely totaled. He had to climb out his window to get out.

Thanks for all the advice thus far, just took a butt load of pictures and now I'm trying to figure out who to call about the antifreeze and the butt loads of glass. There is so much glass in that area :(

CatOnLap

Sep. 27, 2008, 10:39 AM

OK, I am chuckling about the whole incident because no one was hurt, Dawg does indeed take care of drunks and fools. That fool also chose the right car to do it in.

Those cars are cute as heck to look at but I'd imagine they're death traps on tires considering their size compared to the average USA vehicle.

Misty you know I love you but that is an ignorant statement. ignorant in terms of you do not have knowledge of the safety features of today's small european built cars. They are designed to do exactly what that Mini did- discard all their extra external pieces to disperse the energy of an impact, while preserving the passenger compartment.
I drive one of the safest cars on the road- it is also the smallest car on the road- even smaller than the Mini. I have seen some very serious crashes in SMART cars generally caused by STOOPID owners, but they all walked away from their totalled cars. The one head on collision I've seen between a SMART and a full size SUV, the SMART driver walked away, the SUV driver went to ICU.

allpurpose

Sep. 27, 2008, 10:47 AM

Auto glass shatters into thousands of little squarish pieces and glitter when it smashes, not into shards with jagged edges, which I discovered when an owl hit our windshield and my babies sat in their car seats, covered with what the 4 year old described as "pretty rocks and glitter". :eek: It's made that way so folks don't get cut when there's a crash. While it's definately NOT what you want in your pasture by any means, it's not terribly dangerous for horses to actually step on. I would worry more about the horsies ingesting it.

Good luck with the clean-up and thank goodness no one and no horse was hurt!

JanM

Sep. 27, 2008, 10:50 AM

Don't forget to have a landscaper give you a total estimate to include tree repair/replacement, filling in tire tracks, and topsoil and sod where they have to remove contaminated dirt. You need to have your fences and pasture back to their previous condition-and if you have to sue his fanny to get it make sure you include some money for your time to get estimates and supervise repairs-I like the boarding costs passed on to him too.

MistyBlue

Sep. 27, 2008, 10:52 AM

That's why in that quote you used I typed "I'd imagine" and didn't use a direct statement. :winkgrin:
FWIW...I've only ever seen one mini cooper vehicle accident. It was t-boned by a Dodge Durango. That little car was bent in half and collapsed since it looks like after the Durango hit it broadside it then bounced on top of it.

Okkgo...maybe take photos of the glass all over the ground and the antifreeze too. Both need serious cleanup considering they're in a livestock enclosure.

CatOnLap

Sep. 27, 2008, 10:54 AM

an industrial shop vac will pick up most of the glass. I had a window shatter in my horse trailer and the shop vac got it all off the ground. The antifreeze can be diluted by running copiuos amounts of water over the area and will dissipate ( most of the harmful stuff will have evaporated anyway). Oil/tranny fluid, however, needs to be removed by digging up the soil ASAP.

pintopiaffe

Sep. 27, 2008, 11:22 AM

DON'T CLEAN UP!

I know you need to--but DEMAND an adjuster come out TODAY. Screw weekend! I'm probably too late...

Pictures are good, but Adjuster is better.

And yes, you (your Farm Insc) might have to go after him since it's Criminal. Usually a judge will set the fine as part of the sentence--Contact the DA's ofc first thing Monday morning for SURE. Popo's report should have all the damage (and photos) and DA should have it in front of them... Be persistent until you get someone. I know it sucks to be the sqeaky wheel, but if you're not, you won't get your $$$--and INCLUDE time and labor!!!

Good luck. How scary.

Equibrit

Sep. 27, 2008, 11:37 AM

Exactly the same thing happened to me a few years ago. Luckily the horses didn't leave the pasture and the guys wife came a banging on my front door. They happily paid for all the damage out of their pocket. A little later I found out that the guy died from a brain tumor.

jazzrider

Sep. 27, 2008, 11:44 AM

I'm so, so sorry that you had to go through this. Jingles that all goes well with the insurance claim. I'm almost certain it will.

You didn't, by chance, take pictures of the mini cooper in your field did you? Or the resulting devastation? Because they would be really, really great to see! ;)

pintopiaffe

Sep. 27, 2008, 11:51 AM

*Try* your local FD for the antifreeze issue. If they will not help (they might--cost free--since it was a car accident) they will be able to direct you to someone who can. Up here it's Clean Harbors. Who bill. ;)

But start with the FD. You never know. Probably 1/2 the agencies I dispatch for would do it for you for free... the other 1/2 won't, but would at least make sure it's not spreading/contaminating more, and will point you in the right direction.

okggo

Sep. 27, 2008, 12:07 PM

Okay, insurance co's are CLUELESS when it comes to cleaning up a massive mess. I went out there with a bucket and a rake, picked up two pieces of glass and after nearly breaking into tears decided SOMEBODY has to be willing to do this. It's pea size shards EVERYWHERE!! In my wildest dreams I couldn't get every piece up.

I have 2 landscaping co's coming out next week to look and the adjuster from his side will be out Monday.

Re pictures, they took pics of the Cooper, but keep in mind it was 2:00 a.m. and DARK so I didn't go out with camera in tow, I was too worried about the horses. I did lots of clean up pics, I'd be happy to post some to photobucket and "share" if you guys want to see the aftermath of a Cooper spinning out of control. As for now, I've been on the phone all morning while my husband is putting up temp fencing around the contaminated area, so I better go help him :) or I'll be hearing about it later, lol.

Mav226

Sep. 27, 2008, 12:41 PM

It's called "subrogation." You file a claim w/ your homeowner's company and they in turn sue (or arbitrate with) the drunk's carrier. If they win or settle at 100%, some companies even give you your deductible back. All major insurance carriers have a subrogation (A/K/A "subro") department and they may be quicker to send someone out to assess the damage than the guy's carrier.

jazzrider

Sep. 27, 2008, 01:21 PM

:no: We had a glass table get lifted up and break into thousands of pieces early summer when 85 MPH winds blew through. We're still picking up pieces, three months later. If you can find someone to pick up the glass for you, do it. It's a really hard job and you want it done quick and well, for your peace of mind. If you do it yourself, we found a high powered flashlight really helped us find hidden pieces towards the end.

Good to hear you have temp fencing to surround the area. That's probably the most important thing if you don't have an alternate pasture for your guys.

Katy9532

Sep. 27, 2008, 01:24 PM

Yes a Mini Cooper!! Everyone was raving about that car. There is paint 10 feet up on one of our trees where he was air born when he smacked that one.

OMG 10 ft up. You are right about the seat belt!!! There is no way he woulda walked away from that if he was not strapped in. Drunk or not he is gonna be hating life but he is lucky to be alive if he got that much air.

Gonna be a strange neighborhood x-mas party this year;)

enjoytheride

Sep. 27, 2008, 01:34 PM

When you remove asbestos siding from a home you have to come in with a giant vaccum and clean it up then get it inspected before you get approved so try looking for that kind of company.

okggo

Sep. 27, 2008, 01:52 PM

OMG 10 ft up. You are right about the seat belt!!! There is no way he woulda walked away from that if he was not strapped in. Drunk or not he is gonna be hating life but he is lucky to be alive if he got that much air.

Gonna be a strange neighborhood x-mas party this year;)

Yes. The best I can figure, he came off the road, took out the mail boxes, went up our bank and hit our stone retaining wall and the car rode up the wall, got semi airborn and hit the one tree high up, landed head first in another, spun around and ended up strattled on top of what is now officially a tree stump.

Enjoy, thanks for the idea about the asbestos company. Right now I'm thinking about having them scrape the top layer of sod and top soil off, and then lay new sod. It's just the easiest way to get the glass and the chemicals.

We just moved here, and just finished that fence 2 months ago. We have met some of our neighbors, but we met several more last night that were curious and came out to see what was going on and offered to help, and of course that wasn't the best way to meet this guy.

Back to work...

BuddyRoo

Sep. 27, 2008, 02:05 PM

Oh wow. I am so glad no one (and no horses!) were injured.

Not that you need to hear it again, I'm sure....

Your insurance company needs to know. Depending on the state, coverage requirements vary and his car insurance may not even come close to covering the damage anyway. Your insurance has to pay for the repairs an then go after him. UNLESS he wants to pay it out of pocket.

There is one good reason to consider allowing him to pay out of pocket and that is your insurance rate. Check out your policy...but often, when you file a claim, your rate gets adjusted (and it goes up, not down). So if the guy has liquid assets and can pony up the cash? Might be worthwhile.

However, I'm assuming the guy is in jail right now and isn't taking calls...so if you want to get things fixed faster, you'll have to do it through your ins company.

Best wishes to you. I am SO sorry. What a mess!

Oh...ps: Shop vacs rock. I would strongly suggest the use of a shopvac.

Paige777

Sep. 27, 2008, 02:11 PM

I say get a lawyer, or have one on standby just in case. I was hit (in my car) by a drunk driver doing 70 in a 40 and hydroplaning into me head on. It has been a nightmare. She was underage to be drinking to begin with, but evidently has some 'friends' with the police department. She was found at fault, but the whole 'drunk' aspect conveniently disappeared. Her insurance company willingly paid for my new car and my medical bills - problem is, they have a $20,000 limit on their insurance policy. It's getting to the point where I'm at that limit, and the whole thing has turned into SUCH a headache.

It makes me so angry to hear of people doing these things. How stupid!! I hope that all goes well and that his insurance company willingly pays up. I'd definitely take pictures asap, with the date on them if possible. Also you'll need the police report - sometimes they send it to you automatically; sometimes you have to file for it, at least around here. Good luck, and I'm SO glad your horses weren't hurt!

Paige777

Sep. 27, 2008, 02:13 PM

Forgot to mention - receipts. Get them, keep them somewhere safe, for anything and everything!

Donkey

Sep. 27, 2008, 02:30 PM

ThatScaryChick

Sep. 27, 2008, 06:28 PM

Ugh, I hate drunk drivers. I am glad that nobody was hurt. I hope you don't have to go through too much trouble with the insurance company.

BBowen

Sep. 27, 2008, 06:47 PM

Okggo:

OMG, I can't believe that idiot. I hope they throw the book at him. Glad your horses are okay. All the other can be fixed but what a huge pain in the butt. I hope the insurance company can get out there first thing.

Girl, we need to catch up.

okggo

Sep. 28, 2008, 08:54 AM

Well,
NO adjuster until Monday, no fudge room with his or my insurance company. I also called them and said I needed some immediate help and neither had a clue about who to send for glass/chemical decontamination.

In the mean time, it took us all day yesterday but we were able to box that whole area off, and we are getting landscaping/pasture restoration people out who said they could do the whole sha-bang. We also need to contact Ramm, b/c even though the wire didn't break it is damaged, kinked, and cracked in some areas and I'll be damned if our brand new fence won't be replaced in the same condition it was in. So we'll need about 3 more rolls of it. Not to mention new posts. Fortunately for time, we had some extra supplies, temp fencing and extra posts here at the house, I really want to be able to charge that to them, but we won't have a receipt since we had purchased it before to have on hand "just in case."

What do you guys think about the material we had to use b/c of this sitation that we had already purchased? I can figure out how much it would have cost to buy and just add that to our bill of supplies?

The horses went BONKERS when we turned them out late last night, ran like nuts and stood outside eating grass despite the pooring rain. I don't think they liked being locked in the barn all day, and I didn't much enjoy the mess I had to clean out of it.

Thanks to everybody for your wonderful suggestions, I'll be getting the police report on Tuesday. Part of me wonders if this guy will come by to apologize. It would take nerve, but it would be the right thing to do, especially since he just lives down the road from us.

okggo

Sep. 28, 2008, 09:25 AM

I put some pictures up of the clean up effort.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1882.jpg here is what is left of our wall, and one of the trees he bounced off of.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1877.jpg one of the ones he snapped from the base. I got on the ground to snap this one.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1873.jpg where most of the chemicals are, the sand is from the tow truck driver "trying to help" I suppose. Incidentally, that is his license plate flipped upside down.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1845.jpg this is the tree that had the paint up high. It's just over my head, so closer to 6' vs 10' but still.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1840.jpg one of our fence posts with all the fallen stones.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1821.jpg Glass. It's the small green stuff everywhere. This is just a drop in the bucket.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1816.jpg our new stump (used to be a tree).

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1805.jpg another post broke off

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1901.jpg you can see the damage on our driveway and a different view of the main damaged area with the chemicals/glass. We had just finished fencing it off in this picture, so the trees/etc are already cleared out.

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1799.jpg another of the wall

http://s264.photobucket.com/albums/ii170/okgottago/?action=view&current=IMG_1798.jpg this is where he started coming off the road and some of the mailboxes he took out.

equinelaw

Sep. 28, 2008, 09:43 AM

I agree with the advice of going through your homeowners insurance. If the driver was drunk it probably invalidated his insurance so any recourse would have to be through the individual - best to let your insurance company worry about this. It sounds pretty spectacular, I'd get an adjuster out.

Bingo. We have a winner. Your insurance Co is a better bet. They will pay for lawyers to get the $$$ out of him, but he may not be isured for drunk driving fiild diving:mad:

marta

Sep. 28, 2008, 09:56 AM

but whatever, it doesn't hurt to notify your homeowner's. if his insurance doesn't pay, then they will and they'll have a subrogation action against him and/or his insurer.

keep track of all $ and time this is costing you. and be careful cashing checks from the insurance company. i've seen them tell claimants they are sending a check to cover initial expenses, and then on the check it says that it is in full satisfaction of the claim. so beware! read all small print!

JanM

Sep. 28, 2008, 10:28 AM

Okggo-I doubt he will come and apologize because his lawyer will tell him not to (admitting guilt is a big no-no). You are doing everything the right way-keeping receipts and keeping in touch with the insurance company is the right thing. And whatever you do don't feel sorry for this guy-he may try to pay you off to get his b#%% out of trouble but that's not the way to do things.

Years ago a friend's husband was kill by a drunk driver-months later right before the trial where she was supposed to testify there was a condolence card in her mailbox from the man that basically murdered her husband. She was totally freaked out because he knew where she living and felt free to drop by, apparently he or his lawyer thought she would be easier on him because he left her a card. I don't know the drunk driver bothered because he only got a suspended license for a while and he could still drive to and from work, and the rest was probation. The only reason she received any money is because he was driving a company vehicle and the business insurance paid her a little.

J Swan

Sep. 28, 2008, 10:40 AM

okggo-

Document document document. Keep your receipts and photographs. Organize everything neatly in one place, and keep your notes of all conversations, including date and time as well as the identify of the person you're speaking with.

This is a property damage claim, and it's not a big one (to insurance companies - of course it's a big deal to you!)

So, in your dealings with adjusters just keep it very simple and businesslike, don't veer off into your worries about your horses - just be factual. They may minimize the damage to the soil, because they don't understand the horse/glass problem)

Plain, factual and businesslike. And firm. 100% cleanup and replacement.

Well,
NO adjuster until Monday, no fudge room with his or my insurance company. I also called them and said I needed some immediate help and neither had a clue about who to send for glass/chemical decontamination.

In the mean time, it took us all day yesterday but we were able to box that whole area off, and we are getting landscaping/pasture restoration people out who said they could do the whole sha-bang. We also need to contact Ramm, b/c even though the wire didn't break it is damaged, kinked, and cracked in some areas and I'll be damned if our brand new fence won't be replaced in the same condition it was in. So we'll need about 3 more rolls of it. Not to mention new posts. Fortunately for time, we had some extra supplies, temp fencing and extra posts here at the house, I really want to be able to charge that to them, but we won't have a receipt since we had purchased it before to have on hand "just in case."

What do you guys think about the material we had to use b/c of this sitation that we had already purchased? I can figure out how much it would have cost to buy and just add that to our bill of supplies?

The horses went BONKERS when we turned them out late last night, ran like nuts and stood outside eating grass despite the pooring rain. I don't think they liked being locked in the barn all day, and I didn't much enjoy the mess I had to clean out of it.

Thanks to everybody for your wonderful suggestions, I'll be getting the police report on Tuesday. Part of me wonders if this guy will come by to apologize. It would take nerve, but it would be the right thing to do, especially since he just lives down the road from us.

JanM

Sep. 28, 2008, 11:18 AM

One thing I did was an excell spreadsheet of all damages, payments I received and who from, payments I made with name of the recipient, check number (use checks for large items as a receipt, and print a copy for your records) and keep everything in one file, keep complete contact information for everyone you talked to or had meeting with, and I did a word document with a day-by-day narrative of what happened, who called, or who I contacted, and when something did or didn't happen, and the dates. Without a clear chronological list you can easily forget who you talked to, what they said, and what still needs to be done.

Also watch the "might-as-well-as" items that you have to pay for or the insurance won't cover-always get at least an oral agreement before purchasing something or doing actual installation. For instance as long as the insurance would replace the windows in the room with the worst damage I replaced all the windows (they paid for 2 and I paid 10) which I needed to do, and on the siding they paid for a wall replacement and pressure washing the whole outside (soot removal), and painting the whole exterior I also did vinyl siding, shutters, and that included insulation board under it-they paid for 6k and I only had to pay 3k-and it is a good deal and saves on insulation, but I also wanted to both projects eventually also. However replacing the ugly porch wood rail and supports with columns was my idea and probably could have waited, but as long as I'm doing everything I might-as-well do it now. You can justify anything (after all it's only money-I tend to start crying when I say that) to yourself but be careful about upgrades you never would have done anyway. It's very easy to lose your perspective and start going a little nuts.

macmtn

Sep. 28, 2008, 12:43 PM

After looking at your pictures I think this guy is lucky to be alive...AND your lucky he didnt take out any of your horses while he was busy totaling his crackerbox. STUFF...can be replaced or fixed or cleaned up....(but if he had hit my horse while drunk driving..wouldn't be enuf left of him to bury). Jingling you get all your fencing and cleanup done at his expense... completely and with no hassle. He should ALSO lose his license ...:mad::mad::mad:

EponaRoan

Sep. 28, 2008, 02:26 PM

FWIW, I was a licensed insurance agent in the past and I have never heard of an auto liability policy that excluded driving drunk. Can you imagine the publicity that would have generated by now if it was the case? :lol: Now, there is such a thing as a named driver exclusion (not applicable in all states of course) which is generally used when some adult has a child who they don't want listed on their policy due to costs/risk/whatever; but if this is his own personal policy for his car, no. His policy may wind up cancelled (as well as his license) for his stupidity, but that's immaterial to your loss which should be covered. Unless his policy was not in effect or cancelled at the time of the incident ...

I believe that your homeowner/property policy probably requires you to notify your insurance company of this loss, but they will go after him and his insurance to recover. It may or may not affect your rates, which sucks because you are totally innocent in this. However, they have started writing in discounts for being claimfree and other such 'discounts' to give you a 'lower rate' and when you turn in a claim, voila - no longer claim free & thus higher rate, supposedly higher risk. :( Which shennanigans on the part of the insurance industry is part of the reason why I am no longer in the insurance business, but that's another story.

philosoraptor

Sep. 28, 2008, 03:16 PM

The photos are a great idea. Then call the insurance company right now to place a claim.

Instead of killing yourself to clean up the mess, have a contractor do it. Ask the insurance company if there have someone they prefer you use or if you can call anyone (do you need multiple bids or approval before work starts)? I suppose you could also charge them a boarding fee or something if the extra horses have to be moved to another farm due to this.

Expect the ins company to try to nickle and dime you though. I've heard all sorts of horror stories over dumb little things. For example, they may try to give you only "depreciated" value of your fence (and they decide how fast it depreciated). Or they'll say "oh this fence wans't professionally installed in the first place, so it should've have collapsed so easily". Or they'll say insulting things like "that fence looks really old and shabby. It can't be worth much." Don't be afriad to stand your ground and insist on the full amount.

Count your blessings that nobody was hurt and the horses didn't escape and disappear.

Edited to add: It's absurd that he'd be relieved of responsibility because he was drunk. If you make this a homeowner's claim you risk your own rates going up and/or them not renewing you. Homeowners ins also may not pay if they found out it's the direct result of an insured driver collsion.

equinelaw

Sep. 28, 2008, 03:18 PM

Policys I have seen exclude incedents that take place while the insured is engaged in illegal actvities. If he got caught and charged with criminal DD, then they can exclude him.

I do not know if all polices are like this, but all mine are and the cases I see at court are the insurance companies doing all they can to pay out a fair claim. The public does not seem to revolt:confused:

EponaRoan

Sep. 28, 2008, 03:22 PM

Policys I have seen exclude incedents that take place while the insured is engaged in illegal actvities. If he got caught and charged with criminal DD, then they can exclude him.

That would be a huge stretch. :lol: By illegal activities, they mean things like robbing a bank or kidnapping or using your own car to run from the police. Yes, drinking and driving is illegal (and stupid), but so is making a left hand turn in front of on-coming traffic or into the side of a car with the right of way. :cool:

equinelaw

Sep. 28, 2008, 03:33 PM

SunnySideUp

Sep. 28, 2008, 04:00 PM

all the people who have run through the fence

Haha, I found this very amusing, LaBonnieBon! You make it sound like a moron crashing through your fence is a weekly occurrence!

Frank B

Sep. 28, 2008, 04:32 PM

Some friends who live on a sharp curve had your problem UNTIL -- they "landscaped" the drainage ditch alongside their property, sloping on the road side and almost vertical on their property side. No more fence problems -- keeps 'em in the ditch. The tow-truck ops like it too -- makes it easier to get the car out.

Gnalli

Sep. 28, 2008, 04:54 PM

To CYA, I'd call my lawyer. This one has headache painted all over it.
Can the horses be corralled away from the damage? Would it kill them to be in the t/o shed for a few days?

The naiive side of me says your homeowners insurance should cover all costs, then your ins company will go after his. The pessimist knows it won't be nearly that easy.

Homeowners insurance and a lot of farm policies will not cover fences like this. Decorative/privacy etc yes, farm fences no. However, the dd's liability coverage should kick in. What I would tell my own clients in a call like this would be to hang on and wait until the adjuster can get out there until you talk to him. Any repairs that are made tend to lessen the visual impact of the damage are not cool. Get estimates, take pictures, tell the claims office that it is urgent that someone gets out there soon. Put down extra espenses you incur down.

okggo

Sep. 29, 2008, 07:46 AM

OP will know soon enough, but in just one google search the first result says:

"In most cases, when someone has a DUI or DWI and gets into an accident, a GEICO auto insurance policy will cover the damage. It is not absolute. . . "

Case law too. . http://www.state.il.us/court/opinions/appellatecourt/2005/2nddistrict/August/Html/2050020.htm.

I didn't even read further. They say in most cases so that means not in all cases. I donot know if this case will result in exclusion or not, but her insurance company can deal with that. We don't even know what kind of insurance dirver had, if any?

OPs driver commited a crime and is in jail for it. It was a real crime, not just a violation of a traffic code. I don't know what state she is in, but it sounds like they take their DD seriously. I think the DD as a serious crime is pretty recent.

He is insured, it is valid, and so far they haven't said "no" to me on anything and have told me to do whatever I need to do to make the place safe.

I'm REALLY confused about my insurance, from reading everyone's posts. I DID put a claim in, but I can close it no funds paid and not risk my rates going up. I'm really confused whether I should go through the guys and close my claim or go through mine. I really don't want my rates going up b/c some jerk decided to crash in my horse pasture at 2:00 in the morning when we were asleep in bed.

I have no reason to think I couldn't work through the guys, I told them about the fence, driveway, wall damage, etc. and they didn't scream, "we don't cover that" YET, but then again the adjuster is coming out today and frankly odds are 100% it will be a non-horse person that won't see the damage that I do (for instance the glass and antifreeze).

I have to let mine know today whether to keep the claim open or not, and I'm still not sure what to do. I have great rates and it would royally piss me off if they went up. 10 years with no incidents down the toilet.

What a frustrating weekend. We were going to be finishing our riding arena drainage piping and wiring one of our barns, and we spent the whole weekend running new fence and cleaning crap out of the run-in.

One thing I learned from this...the stone wall is going to be replaced and reinforced!!! If any other fool goes plowing off the road into it, that wall WILL stop them next time (I pray for no next time though!!). The speed limit is posted 30 mph in some areas and 35 in others and I'd say 80% of the folks are going 45 or higher down that road, and I think 55 and above is not unusual, esp. the crotch rockets that go by.

MistyBlue

Sep. 29, 2008, 08:17 AM

Okggo...let us know what the adjuster says. Do you have a small recorder? It never hurts to tape the conversation in case one thing is said and another thing is done. Sounds sneaky and overboard but if you already have one it really can't hurt.
Not saying they're going to try to screw you over...they may be more than willing to pay for damages in order to avoid being sued. After all, it's their client who was drunk as hell. :winkgrin:

J Swan

Sep. 29, 2008, 08:37 AM

Don't make this overly complicated. It's just a property damage claim. He is at fault; you file the claim with his insurance company.

Your only duty is to notify your own insurance company that another party damaged insured property - you put your company on notice - in case there turns out to be a limitation on coverage, or you start having problems. Advising them of the accident will not damage you in any way.

There should be no reason to get lawyers, start talking about lawsuits, or worry about being screwed. Yes, chances are the adjuster isn't a horse person. He doesn't need to be a horseperson in order to do his job well. Of course he'll try to minimize his employers exposure, but it's your job to objectively and dispassionately provide him with documentation of your damages, and to remain polite, but firm and insist upon being made whole.

These types of claims are not large claims. It's basically cleaning up mess, repairing damaged fence, cleaning up a little bit of contaminated soil, and replacing the damaged trees. They'll probably come out, take a few photos and notes, go back to the office and do some calculations, maybe ask you to get 2 estimates for fence replacement and then cut you a check.

If you want to be proactive, you can start getting estimates now. Figure out the total caliper of the damaged trees, get a couple of estimates to have the fence replaced, and even call around to some companies to get estimates of soil cleanup. That way, if the guy tries to hem and haw about cost, you have some estimates handy to show him.

Really - they'll likely just gather up the estimates and then cut you a check. Since soil was contaminated, I'd not sign any releases or cash any checks until the company comes out and actually completes remediation. If you accept a check and sign a release, and then it turns out cleanup is going to cost a fortune... you're screwed.

The soil remediation might be the most costly part of the claim. Maybe not.

Holly Jeanne

Sep. 29, 2008, 08:52 AM

Can't really relate as most DD go off into my neighbors property because of a steep curve right before mine. I've only had one go through my fence (knock wood) and he wasn't drunk just going too fast in a garbage truck in the rain. It was about a month and a half after I moved here. I pulled in from work to find my mare standing in the pouring rain shaking with a bunch of cars blocking the road and a garbage truck down the hill. Took several hours and some torn up road and a damaged tow truck before the company got a huge tow truck out and pulled it up the hill. I barely knew my other neighbor up the road at the point and didn't know what to think when he walked over and said he told them not to bother fixing the fence. He said he'd do it as they wouldn't do it right. I put my mare in the shed, fed her a hot dinner, and covered her in a fleece blanket. Sure enough, the next morning my neighbor came over and fixed my fence. I have the best neighbors in the world!! :)

Anyway, I just wanted to send jingles and wish you luck getting it taken care of.

inquisitive

Sep. 29, 2008, 09:00 AM

oh my goodness! glad to hear everyone is OK!

Don't have much experience with insurance, but regarding the glass... (sorry if someone already suggested this) I would just dig up everything in that entire area (glass, grass, soil, etc.) to make sure you can get it all. You could try to put in sod replacement or something as part of the damage?

The only experience I have is when I was in a car accident. We still found tiny pieces of glass in our bags and stuff after a year!

WaningMoon

Sep. 29, 2008, 09:50 AM

okggo

Sep. 29, 2008, 10:10 AM

Well I guess I am certainly the odd one here. After looking over the damage and knowing that he WAS caught for the DUI, which is the most important to me anyhow, I wouldn' t have even called my ins agent or his. I would take care of it myself, and have more than once. Just who I am I guess. Ins rates are high enough, making ins for many not even an option. I can't afford any at all. IF the damages were more I might have but not with this. Don't get mad with me, just my opinion. And wow, the stone wall isn't what I had in mind at all. Guess I'm used to the stone walls here. Husband is stone mason and that wall was not constructed for strength.Here stone walls are on average a structure of very heavy stone 4 foot tall. We have tehm all through the woods here and they have stood for hundreds of yrs. wehre they once served as grand dividers between crop fields and property boundaries. The clipped off tree shows rot so I would be surprised if they include it. Thankfully your horses were not hurt. I surely would have callled the ins ppl if I had injured horses.
I do wish you luck and hope you get what you feel is justified. Ins ppl are not fun to deal with. You certainly didn't ask for this. Drunk drivers get treated way too easy in most states. Here you most likely would not even be taken to jail. We just had one with his fifth DUI kill three college kids who he hit head on and he didn't go to jail either. So wrong. The poor kids didn't get a choice.

Hey, no problem, you are entitled to your opinion :) We have a large section of fence to replace though, and the clean up of the chemicals/glass is not something I think I should have to suck up and spend countless amounts of time and money for the fence to do. Frankly, I don't care about his insurance rates and I'm sure the DWI will do him in anyway, but I don't want my rates to go up. I think I'll probably cancel my claim and go through his insurance only. The stone wall was about 2 feet higher before he drove over it, but no it's not a McMansion wall, just a stone wall some farmers probably put up 20 years ago. I'm sure if I had pictures with the car still there it would look a lot more spectacular ;) It's amazing the difference after a little clean up effort.

equinelaw

Sep. 29, 2008, 11:10 AM

You just have to take a deep breath and wait. Its not a huge claim. They may just pay it out. He may have a good insurance company. You notify your insurance company and they motivate his insurance comapny to pay if its not cleared up fast.

I do not think ALL insurance companies are evil, I just know some can be. It is all going to work out and be fine. You just need to be prepared to hear "No" and their way of saying hello. Then you say "yes" they say "no" you say "yes" and eventually they pay.

His insurance is unlikely to pay HIS claim for HIS car, but they will most likely pay YOUR cliam becuase its a liability claim and you are an innocent party. Thast what that long boring case said.

Its just you have your "location" as being in the State of denial? Is that a state were they deny all claims?:)

I just have a disproportinate distrust of Insurnace companies becuase I see themin court paying lawyers $1,000 an hour for a full day to save $500 on a settlement.:confused::confused: I do not see the thousands of peopel who were fully paid with no problem.

okggo

Sep. 29, 2008, 11:17 AM

Equinelaw...my mind is in "denial" but my body is in Maryland, lol. IF that helps. I'm just kind of playing by ear right now. The first estimate for soil clean up was $2,000, so for those of you that would just pay that out of pocket yourselves...well, lets just say no way.

equinelaw

Sep. 29, 2008, 11:35 AM

Holy Crap! I wouldn't want to pay all that myself:mad: I am not sure there is a stone wall big enough to fix that kind of stupid, but thats a lot fo $$$ for someone else's idiotness.

SGray

Sep. 29, 2008, 11:51 AM

if any of those pieces of the car have a vin # on them I'd make sure and keep them as evidence

ESG

Sep. 29, 2008, 11:58 AM

the only time it happened to us it was a teenager and his Daddy had Capt.Hangover out at a brisk windy 7 am the next morning rebuilding fence...:) he may have preferred the drunk tank...

best

I think I'd have bought tickets to see that! Good for the Daddy! :yes:

MandyVA

Sep. 29, 2008, 12:18 PM

As far as which insurance to deal with, I'd say it depends which companies you're talking about. I got hit by a moron speeding in the freezing rain and did several thousand dollars of damage to my car. He was charged and I tried to deal with his insurance, but they refused to admit liability until the case went to court and wouldn't even send an adjuster to look at my car. He had Allstate. I would never waste my time dealing with them again. I called up my own insurance and got a check the next day. The fact that your DD will have to go to court may affect how soon his insurance is willing to admit liability. Just because they're sending an adjuster doesn't mean they plan to pay you anytime soon. I would not close the claim with my own insurance if I was you.

pAin't_Misbehavin'

Sep. 29, 2008, 12:38 PM

Whether or not your insurance company can raise your rates for making a claim, and if so, by how much, depends on your state's insurance regulations. Which I don't know anything about, sorry.

ETA: But will having your insurance company handle it expose you to paying a deductible? Sorry, wasn't thinking about this when I posted earlier.

J Swan

Sep. 29, 2008, 01:10 PM

The first estimate for soil clean up was $2,000, so for those of you that would just pay that out of pocket yourselves...well, lets just say no way.

Now, aren't you glad I mentioned that you should have the soil cleaned up too? :lol:

Glad the crash wasn't near your wellhead. Hope everything works out and the claim isn't too much of a hassle for you.

EponaRoan

Sep. 29, 2008, 03:24 PM

Hey - sometimes the insurance companies wind up being more generous than you anticipate! :lol:

Some years ago, I had an idiot broadside me. I had the right of way, some other idiot waved him on and he made a left turn into the side of my car. What I found was that his (low rated for bad drivers) insurance company called and lied to my long time insurance company about me calling them and asking for a rate and supposedly having a number of claims. I think they were doing some sort of fishing to find a way to deny the claim; it was really wack. My insurance company laughed and laughed since I've got a squeaky clean record (knock on wood). Then when I took the car to be repaired, the repair place lied to the insurance company about providing free loaner cars & tried to bill them. I gave the adjuster a nice copy of the paperwork stating 'free loaner cars'.

So, it's not just the insurance companies that can be out to make some extra bucks - seemed like everyone was out to pay less than they should and get a little extra from the insurance.

Anyhoo - good luck! If it's a decent insurance company with a good rating and not one that specializes in crap drivers, you will probably be okay. Just keep on documenting, documenting, documenting and keeping receipts, etc.

MandyVA

Sep. 30, 2008, 05:41 PM

Any updates?

JanM

Sep. 30, 2008, 08:53 PM

I was just out watering my sod (it's not like I don't just stand there for a long time and do nothing but think) and it occured to me that where the OP lives it's probably too late to put down real sod and expect it to root-and I doubt if any is still available. You may have to consider this when replacement costs for the contaminated soil are calculated. Make sure you include top soil, sod, delivery and installation costs. On any claim there are always things you forget to list until it's too late.

philosoraptor

Sep. 30, 2008, 08:58 PM

Any news?

Blacklabs

Sep. 30, 2008, 10:02 PM

So sorry this happen and glad you have that stone wall to stop the car as he could have hit one of your horses.

To clarify your claim would come under your homeowners insurance and that can not be surcharged, His claim will come under his automobile insurance and he will be surcharged on that.

Homeowners insurance is not surcharged only automobile. If you have too many homeowners claims a company will not renew your policy but they will not surcharge you.

EponaRoan

Oct. 1, 2008, 02:03 AM

but they will not surcharge you.

Actually what some of them do is remove your claim free discount. So in effect, they are surcharging you - they just use different terminology.

okggo

Oct. 1, 2008, 07:31 AM

Hi guys,
I very much appreciate those of you following this thread and chiming in.

The only "news" I have is that his adjuster was out and in contact with me. She is an auto adjuster so wasn't too savvy on the property damage side, but she seemed like she was genuinely interested in helping me. I was told to start submitting estimates, they see if 1. he has enough coverage and 2. they will cover it, and then they tell me which company to use for what. I guess.

Driveway estimate was $1600, soil was $2000, and I'm still waiting to hear back on costs for the wall/trees/fencing other than just the REPLACEMENT costs for fence (not labor) was $1300. The landscapers said our trees were too badly damaged that they may live another year or two but they will perish from the damage. They recommended taking them down now and replacing while insurance will pay vs waiting for them to die and being stuck with it.

So we are looking at $5000 so far, and still waiting on labor costs, costs to fix the wall (re-cement it, re-stack, etc), and costs to cut down and plant two new trees. I think it will likely be around $10,000 when all is said and done.

Frankly, that is a drop in the bucket vs if he had totaled a lexus or something. I really think the DWI will hurt him more then whatever our PD claim ends up being.

IronwoodFarm

Oct. 1, 2008, 01:59 PM

There is an easy way to verify if he has sufficient coverage. Just have check what are the legally mandated minimum policy limits in your state. He has to have at least that much. You should be able to google this information.

For example, 100/300/50 means you're covered for a maximum of $100,000 bodily injury per person, $300,000 bodily injury per incident and $50,000 property damage per incident. You may also see the liability limit stated as a single amount, called a combined single limit. This limit is the total amount available for a single occurrence, without per person or property damage sub-limits. The advantage of a combined single limit is that if there are only minor injuries but considerable property damage, the total liability limit, not just the sub-limit amount, is available to satisfy a property damage claim.

My guess is that the auto coverage has sufficient limits for property damage to cover the OP's loss. Anyone who has had to do auto body work after an accident can tell you that $10K in repairs is not that uncommon.

EponaRoan

Oct. 1, 2008, 02:28 PM

State minimum for property damage is only $15k.

http://www.marylandmva.com/VehicleServ/INSURANCE/approved.htm

Generally most responsible adults carry more, but it's not required.

cloudyandcallie

Oct. 17, 2008, 10:18 AM

Any updates?

Did the ins. co. of the drunk driver pay off?

Did the drunk driver get sentenced or did he get his case fixed?

VAHorseGurl

Oct. 17, 2008, 10:41 AM

... and then they tell me which company to use for what ...

Okay, first off, I'm really glad things are working out for you and none of your horses were hurt due to this irresponsible moron.

As for the statement above, by law, the insurance company can NOT tell you which repair shop to use, they can ONLY suggest the one they'd prefer you to use. **someone correct me here if I'm wrong, but I do not believe I am.**

Good luck!!

okggo

Oct. 18, 2008, 08:17 AM

Hi, I just noticed this bumped up. I submitted a claim two weeks ago based on our estimates. One thing I learned in this process, before having anyone come out ask if they charge a site fee! I had one landscape company come out to do an estimate. Show up, look at everything, hand write an estimate and a bill for $100 in-home estimate fee (mind you, NO warning about this what-so-ever)!!! WTF! That one ended with an argument and a very bad taste in my mouth (did he really think I would use them after sneaking something like that in?!).

Anyway, I am going only through his insurance company. I had a claim in with mine, but due to some good advice decided to pull it so my rates wouldn't increase (figured I could always re-open later if need be). So far they have been very good to work with and ZERO haggle. I'm actually really impressed with them, and can only assume they figure my cost is probably really low considering what they are used to - esp in a drunk driving case.

I HOPE for a check next week (keep your fingers crossed) and then we decide on who to get out to start stripping the grass of its glass/chemical blend.

Thanks to everyone here for the advice, it was really helpful to know how to get my ducks in order for this. I submitted a really neat spread sheet, receipts, quotes, etc. so hopefully that made the process go much smoother.

Cloud - DD hasn't had his trial yet. I assume I'll be asked to appear when that time comes.