My daily driver totaled a drunk driver's Mercedes-Benz!

My daily driver totaled a drunk driver's Mercedes-Benz!

Postby 99SLEG80AWD [OP] » March 12th 2017, 7:30pm

IMG_1753.JPG


I just copy/pasted this story from Tacoma World, the forum I'm primarily on...

The outcome for the Mercedes, and the guy driving it, probably would have been much worse if I'd been an Astro or Safari!

Just read the story and imagine what would have happened to the guy if I'd been driving a Tundra!

Also, the most shocking part of this whole story is that the guy who hit me is a repeat offender. He killed somebody while driving drunk in 1980s (he was 70 when he hit me; would have been about 45 at the time of first DUI). He was convicted, did his time, and got his license back. I'm honestly glad that he did some easily repairable damage to my truck instead of nailing a pedestrian.

THE SHORT STORY:
A 70-year old snowbird from Florida in a 2002 Mercedes E320 made the dumb decision to drive drunk on a rainy Wednesday night. I had the misfortune of crossing paths with him at about 9pm right after I finished my shift at a pizzeria, where I'd taken a second job as a delivery driver to make some extra money. I stopped at a 3-way intersection with the intention of turning left. I signaled, looked both ways, and made the left. I probably should have waited a few more seconds, but it was dark and pouring rain. I could see part of the Benz's front end, but he was just sitting there, so I turned. Before I was all the way through the intersection, the moron decides to floor it, and he did this to my truck:
IMG_1754.JPG

IMG_1755.JPG

IMG_1757.JPG


$2,600 in damage to my Tacoma, but his Benz had frame damage because he hit me so hard and was more than likely totaled...

THE LONG STORY:
This happened at about 9pm on October 28, 2015. From July through November of that year, I worked as a pizza delivery driver to make some extra money. I had just finished my shift and was driving to my primary place of employment to say hello to some friends of mine who I work with. I was on a one-way street and I stopped at a 3-way stop with the intention of turning left. I signaled, looked both ways, and found the intersection to be clear, so I turned left. It was at this point that I noticed a silver or beige Mercedes E320 sitting at the stop sign to my left. Without warning, the driver of the Mercedes accelerated, and I knew he was going to hit me before he actually hit me. He slammed into the left rear corner of my truck and I did not feel a thing. I was not injured or even that shaken up, just extraordinarily pissed off. I put my baby in park, jumped from the cab, pretty much freaked out upon seeing the damage, and started screaming and swearing at the old man before I even saw him and thus didn't know it was an old man. The left rear fender was smashed and the rear bumper was almost ripped off. I started swearing at the other driver, because I'd just been rear-ended the previous March and he'd just destroyed the shiny new bumper that someone else's insurance company had paid for! My truck's original bumper was kind of beat up from everyday use and occasionally backing into things, so getting rear-ended worked out. My words to this elderly alcoholic were "Are you f***ing kidding me? I just got this out of the shop from someone rear-ending me!" or something like that.

The jerk who hit my truck was a 70-year old man, and he insisted that I had run the stop sign. I suspected he might have been drinking but didn't confront him on it, and I insisted that the cops be called. Ironically, HE CALLED THE COPS! The responding officer asked for my license, registration, and proof of insurance, and got the same information from the old fart. He also asked if I'd been drinking, which I of course hadn't, and then he focused on the other driver. Another cop showed up, and the next thing I knew the old fart was in the back of a police SUV being taken to the local hospital for a blood test.

Despite the fact that the driver was drunk and my insurance company insisted I was totally 100% NOT at fault, he insisted that I had run the stop sign and his insurance company believed him. My insurance company ultimately ate the cost of fixing my truck, waived the deductible, and didn't raise my rates. My truck was fixed in December at a cost of about $2,600. I do not have rental coverage so I had to share my mom's car for the three days my truck was in the shop. In mid-November, I got sick of my tailgate not opening all the way, got fed up, and had my body guy remove the rear bumper.

My insurance company (USAA) took the drunk's insurance company to court, and it was a ruled a 50/50 draw. My rates DID NOT go up, and my insurance company waived the deductible. I have no idea how his insurance company handled his claim, but I know mine saw things my way and didn't pay one cent towards his Mercedes. By the way, I'm pretty sure the Mercedes was totaled. It was an older Mercedes, 13 years old at the time, and he hit my truck so hard that I think his frame got bent. He had trouble opening the driver's door immediately after the accident.

Fast-forward to April 2016, and I find out I'm being called to court as a witness, to testify against this guy. I found out from the prosecutor during a phone discussion that this drunk old fart had KILLED somebody while driving drunk in the late 1980s and was convicted. Obviously, he did not learn his lesson. The important thing is that nobody was hurt or killed, AGAIN!

Anyway, the drunk driver was found to have a BAC of .10 to .16 at the time of the accident. He later plead guilty and was sentenced to 40 days in jail and a 1-year suspension of his driver's license, in addition to having to pay a fine and court costs. I didn't have to go to court. The guy's Mercedes was registered in Florida, and he had a Florida address and a Florida driver's license, so I guess Pennsylvania and Florida have reciprocity? He was also ordered to pay restitution to me, and I will be putting some of the money towards front and rear dash cameras for my truck so if something like this happens again, the other driver won't be able to lie about it.

You know that saying about what a "female dog" karma can be...

This is a perfect example!

DON'T DRIVE DRUNK!!!! Take an Uber or a Taxi!
[img][img][img][/img][/img][/img]
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby Big_kid » March 15th 2017, 3:35am

I'm glad you're ok. Bent metal can be fixed. Bent people can't.
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby Leeann_93 » March 16th 2017, 12:34am

^ yeah, that.
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby Wimpazz » March 16th 2017, 12:39am

Amen to THAT... I've been bent most my life and I'm constantly told there is no cure ;)
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby markmitch » March 16th 2017, 1:06am

glad your alright!
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby Lumpy » March 18th 2017, 3:08pm

Something isn't tracking...

Damage to your vehicle is L rear. Even if you had run the stop sign, the other driver is at fault for hitting you because he "Failed to operate in a safe manner" or whatever the statutory language is in your state. Very commonly issued citation in my experience. Crashes at 4 way (in this case 3 way) stops aren't typically disasterous, just fender benders. The mechanism of injury here suggests very high speed for the MBZ and most importantly, for purposes of fault, failure to stop or steer to avoid collision. It's also quite simple to determine if a car has had it's brakes applied before collision. But I can't imagine that being in question here. Clearly very high speed Benz hits other car. That kind of damage doesn't occur with two vehicles operating legally, just coming off the line from a stop sign.

Clinch it with the DWI. "The other guy ran the red light" coming from someone who has been convicted of being criminally impared is not exactly what insurance companies and judges buy wholesale.

"We're going to cancel your insurance, impound your car, force you to lease a lockout device and suspend your driver's license. You'll also be physically in jail for 24 hours after the accident - but we believe you when you say it's the other guy's fault". See the problem with that reasoning?

I'd be darn sure that YOUR insurance doesn't raise your rates or ding your record. If your insurance company wants to eat the loss, that's their decision. But if it becomes part of YOUR record, that's an irreversable problem.


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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby 99SLEG80AWD [OP] » March 20th 2017, 3:30pm

Lumpy wrote:Something isn't tracking...

Damage to your vehicle is L rear. Even if you had run the stop sign, the other driver is at fault for hitting you because he "Failed to operate in a safe manner" or whatever the statutory language is in your state. Very commonly issued citation in my experience. Crashes at 4 way (in this case 3 way) stops aren't typically disasterous, just fender benders. The mechanism of injury here suggests very high speed for the MBZ and most importantly, for purposes of fault, failure to stop or steer to avoid collision. It's also quite simple to determine if a car has had it's brakes applied before collision. But I can't imagine that being in question here. Clearly very high speed Benz hits other car. That kind of damage doesn't occur with two vehicles operating legally, just coming off the line from a stop sign.

Clinch it with the DWI. "The other guy ran the red light" coming from someone who has been convicted of being criminally impared is not exactly what insurance companies and judges buy wholesale.

"We're going to cancel your insurance, impound your car, force you to lease a lockout device and suspend your driver's license. You'll also be physically in jail for 24 hours after the accident - but we believe you when you say it's the other guy's fault". See the problem with that reasoning?

I'd be darn sure that YOUR insurance doesn't raise your rates or ding your record. If your insurance company wants to eat the loss, that's their decision. But if it becomes part of YOUR record, that's an irreversable problem.


Lump


This is a picture of the 3-way intersection where the accident occurred:
https://www.tacomaworld.com/attachments ... g.1412454/

My stop signs and the spot where I stopped my Tacoma are both marked in red; The other driver's stop sign and the spot where his Mercedes was stopped are both marked in blue:
https://www.tacomaworld.com/attachments ... g.1412454/

A closer look (Again, my stop sign and where I stopped marked in red; Mercedes driver's marked in blue:
https://www.tacomaworld.com/attachments ... g.1412462/

Right after the guy hit me, I pulled over to the curb in the area circled in red, got out of my truck, saw the damage he had done, and immediately started cussing him out:
https://www.tacomaworld.com/attachments ... g.1412463/

The area circled in red is roughly where the old man pulled his Mercedes over. At least one of the responding officers parked their police SUV where the Verizon cherry picker truck is parked:
https://www.tacomaworld.com/attachments ... g.1412467/

The night I got hit, I was doing exactly what the black Jeep is doing in this photo, though unlike the Jeep driver I actually stayed far enough to the right that the guy in the Mercedes had no excuse to hit my Tacoma:
https://www.tacomaworld.com/attachments ... g.1412522/

Once again, the area where I pulled over immediately after the guy hit me is circled in red, and the location of the Mercedes when I starting making the left turn is marked in blue. The red arrow marks the approximate location of my left door when the guy slammed into the left rear corner of my truck:
https://www.tacomaworld.com/attachments ... g.1412489/

The approximate location of my Tacoma's front bumper when I stopped at the stop sign is marked in red. The approximate location of the Mercedes from the time I stopped until I was almost through my left turn is marked in blue (the Benz was not that visible):
https://www.tacomaworld.com/attachments ... g.1412508/

Path of my Tacoma marked in red; Path of Mercedes marked in blue:
https://www.tacomaworld.com/attachments ... g.1412516/

The approximate location of the Benz's bumper while stopped is marked in blue. He just floored it while the back end of my truck was still in his path:
https://www.tacomaworld.com/attachments ... g.1412537/

Another POV showing the paths of my truck (red) and the Benz (blue) with the approximate location of my truck's left rear corner at the time of impact marked with a gold "X":
https://www.tacomaworld.com/attachments ... g.1412547/
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby Big_kid » March 21st 2017, 5:16am

Sorry, the links don't work. Looks like another typical case of American blind justice.
(Guess I'll go back to playing with pencils and smoking cigarettes on the group W bench after I pick up some garbage)
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Re: My daily driver totaled a drunk driver's Mercedes-Benz!

Postby 99SLEG80AWD [OP] » March 22nd 2017, 4:59am

As soon as I ind the pictures all post them. Thanks for reading!
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