Truck's drive shaft vs. 6 autos on I-85...Help!

[nursetams]

What is the name of your state? South Carolina... Traveling down interstate 85 about 5:30am and I see a car infront of me swerving into my lane then onto shoulder. I get into fast lane to avoid her (thinking she may be a drunk driver), and suddenly I hit something very large and hard. (felt like driving over a short wall or something) I then swerved trying to pull to the right and off the road because I had no tires on the driver's side. 5 other cars ran over this thing in the road and all cars were undrivable. Limited injuries were noted to drivers.

The item in the middle of a major interstate was the drive shaft off of a mack truck!!! The officer at the scene said we were all lucky to be alive. He did not give triver of truck a citation, but he did tell him he would be listed as the only contributer to the accident and his Company and insurance co. would be liable for all damages to all vehicles involved.

Now, his insurance co. is taking their sweet time "investigating to determine fault" before they will do or pay out anything, including a rental car. They suggested using my own insurance co. and then they'd reimburse them and any deductibles acrrued. Of course this will mean out of pocket expenses for me, until God knows how long, that I can't afford.

I just leased this 2006 Honda Civic Hybrid less than 3 wks ago!!!! It now has $4000-5000 worth of damage (exhaust sys, gas tank, 1 motor mount, sub frame bent, 2 new wheels and tires, etc). This has already reduced the value of my car which will most likely affect the value at end of lease, costing me more money.

Insurance companies are giving me the run arround, not returning calls, disputing over labor cost at the Honda body shop vs. one of theirs. I still don't have a rental car unless I pay for it up front!! And sooo much more.

Can I sue for a new car? I'm so stressed out and going nuts. Please I need all the advice I can get. Should I call all the other victims and see if others will sue? Do I sue the insurance co, the trucking co., or both? How can I get maintanence records of the truck?

 

[ecmst12]

No you can't "sue for a new car", whatever that means. As if a lawsuit will make it faster.

Use your own insurance. Your deductible will be reimbursed as soon as the investigation is complete, which should take less then 30 days.

 

[nursetams]

why not?

My point is this...I just bought this car for around $25,000. Now less than 3 wks later it has around $5000 or more worth of damage. That's 1/5 of the cars value. All of this because a mack truck's drive shaft falls off while traveling 70 mph on a busy interstate. Why does a drive shaft fall off? Why should I suffer because of it? It's been 2 weeks, and I've heard nothing except "my insurance co." is going to try to make me have my Honda repaired by Buick(cheaper labor). I'm sick about the whole thing...

I've never been "sue hungry". I'm a hospice nurse who just wants to be treated fairly and get whatever I deserve, nothing more.

 

[moburkes]

Either you leased the car, or you bought it, but you didn't do both.

The insurance company's only responsibility is to repair the car to its pre-accident condition. They are not going to buy you a new car.

I'm not sure why you are required to pay for a rental vehicle up front, and then be reimbursed later. That makes no sense, unless you do not have rental car coverage.

According to your own post, you moved into the fast lane to avoid the driver who moved into your lane. The drive shaft was in the fast lane, then, when you hit it. Therefore, the driver in front of you MAY be responsible for your damages, since THAT driver caused you to hit it. If you had never changed lanes then you would not have hit the item.

That's why there is an investigation to determine responsibilities. Therefore you are better off claiming the damage with your insurance company instead of waiting.

 

[ecmst12]

My point is this...I just bought this car for around $25,000. Now less than 3 wks later it has around $5000 or more worth of damage. That's 1/5 of the cars value. All of this because a mack truck's drive shaft falls off while traveling 70 mph on a busy interstate. Why does a drive shaft fall off? Why should I suffer because of it?

Because accidents happen. It's the risk you take when you buy a car and drive it on the highway with thousands of other crazy people. The truck driver's insurance company has the right to protect their interest by investigating the accident before deciding whether they are liable for damages. If it had been YOUR drive shaft that fell off causing the accident, your insurance company would be doing the same. That's how it works.

As far as your honda being repaired by buick, you're not entitled to dealer service or factory parts. If your repair isn't up to standards, they're obligated to re-do it but they're allowed to have it repaired at an independant shop instead of a dealer (though a buick dealer just makes no sense at all) and with quality aftermarket parts. If you want dealer service, then you will have to pay the difference yourself.

I don't see how the driver who moved in front of OP could possibly be liable though. He was avoiding the obstacle, if he hadn't moved into OP's lane, then HE would have hit the driveshaft, so I don't see how he had a choice. OP could have stayed in her lane, she just chose to move over because she thought the other driver was behaving erratically (normally a safe move), then she found out why he'd moved over.

 

[moburkes]

I don't see how the driver who moved in front of OP could possibly be liable though. He was avoiding the obstacle, if he hadn't moved into OP's lane, then HE would have hit the driveshaft, so I don't see how he had a choice. OP could have stayed in her lane, she just chose to move over because she thought the other driver was behaving erratically (normally a safe move), then she found out why he'd moved over.

2 examples.
1. Similar to the deer. If you swerve to miss the deer, and hit the tree instead, its an accident, and its covered under collision. If you hit the deer, its comprehensive, and tehcnically not even considered an accident.
2. If you move into my lane FOR WHATEVER REASON and I hit something to avoid hitting you, then you can be found liable. If the other driver had HIT OP instead, they still wouldn't be responsible, since they were avoiding an object? Think of it this way: What one thing could have prevented OP from swerving to avoid other driver? If the other driver didn't move into their lane.

 

[ecmst12]

If OP HAD to swerve to avoid the other driver, I could see that, but what if she was in no danger of hitting the other car and just wanted to move away from someone who appeared to be driving erratically? Would the other driver still have been liable in that case?

 

[moburkes]

If OP HAD to swerve to avoid the other driver, I could see that, but what if she was in no danger of hitting the other car and just wanted to move away from someone who appeared to be driving erratically? Would the other driver still have been liable in that case?

No. Not at all.