Drunk Driver accident, please advise

[Michal]

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.

Thank you for our response VSG, It is very insightful. I run in front of the car and took a picture of the driver behind the wheel. My DriveCam also shows them throwing out the cans out the front and back. The Fire Department responded, and they noted smelling alcochol on the driver's breath but said they are not in the business of enforcing. (I should have taken a video statement at the time)
So you are right, they will probably get away with the DUI. At this point I just want to recover my damages and not have my insurance skyrocket...and hopefully get back into an R1T
I am glad I have GAP, I still owe 68K on the car at 8% apr....

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[BigSkies]

There's no reason I can think of not to go through your own insurance.

The people working for your insurance company literally deal with settling these things as part of their full time job.

You don't have to argue with the other drivers insurance. Your insurance company will do that for you.

I once went through this process, and my insurance company paid out in maybe a week, but I know they were fighting the other insurance company for at least 6 months, because they called and asked for additional info for their case 6 months later.

 

[Here2there]

NYPD taking 3 hours to arrive....so typical. If you had mentioned possibly needing an ambulance to get checked out (some vehicle involved injuries can manifest days after an incident), I'd imagine they would show up much sooner.
One time I had someone back up into my car trying to park while I was sitting parked. I waited 2+ hours for NYPD to show up. The other driver opted to leave. Had my Geico insurance track them down and filed the police report. Fully covered repair and no increase to my insurance premiums.

 

[lefkonj]

Get these clips to your insurance and the police asap. Whether or not the vehicle is totaled doesn't matter as long as you are ok and this piece of crap is taken care of by the authorities. I really hate people.

 

[persiansamurai]

Im so sorry. This is awful. I suspect the cost to repair will be nearly 50% of the value the car or more and they will total the vehicle. Even minor repairs to the rivian body are very costly because of the large metal sheet that is one piece running from the tail light to the top of the drivers door. Glad you are safe and okay. The r1t did a good job protecting you - the sheer mass of the car makes it rock solid in the face of a hit.

 

[captainjp]

Dude should be arrested for his beverage choice alone.

 

[ENVErider]

Hopefully, you called your insurer that same day. I see a lot of suggestions for getting a lawyer. My opinion is that you already have enough evidence with the video and follow-up photos, plus the paint swap that was sure to happen. It's too early to start lawyering up. The driver's bigger problem than the crash is the potential DUI charge. Personally, I wouldn't start worrying until your insurance tells you there might be a problem with your claim. I think that even if the driver claims they were not at fault, as soon as their insurer sees the video and photos, their insurer will fold. Based on past posters, you can expect an expensive and lengthy repair visit, but if Rivian does it, you at least have a good chance of getting an R1T loaner. Sadly, I think the Rivian insurance states that we're not supposed to take the loaners off-roading.

 

[iansriv]

NYPD taking 3 hours to arrive....so typical. If you had mentioned possibly needing an ambulance to get checked out (some vehicle involved injuries can manifest days after an incident), I'd imagine they would show up much sooner.

It's a shame. They never get there quick enough when you need them and too fast when you dont (j/k).

 

[Captain JB]

My situation may be different but…….a deer ran into us while I w’s doing the sped limit but the speed limit was 65mph. Pretty much direct hit and the repair started at $18.2K and is now $16.6. Totaling it was never mentioned by the repair or insurance company. Sorry this happens and the best of luck resolving it.

 

[Jazzy92]

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!!!

I used to work in personal injury and your video and pictures should be enough evidence to show that the other driver is at fault.

 

[Jazzy92]

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.

I don’t know that this is true. Drunk or not that’s why people have insurance.

 

[Jeff B.]

My daughter was waived through an intersection by another driver while she was making a left turn. When she was in the middle of the intersection, the other driver accelerated right into the side of her car. They claimed she pulled in front of them and caused the accident and that they were injured. While waiting for the cops, she recorded them walking into a restaurant near the accident laughing and acting up. Once the cops got there, they had already returned to their car and my daughter had no luck with the LEO. He said due to the circumstances he had to issue my daughter the citation because she was the one who pulled in front of the other driver. Another driver pulled up who saw the accident and told the cop that they hit her intentionally. The cop said that the insurance companies can fight it out, it is not his job to render fault only to issue a citation for the cause of the accident.

My daughter provided the witness info to our insurance as well as her video. We paid the deductible and they repaired my daughter's car quickly. Our insurance pursued the other driver and other drivers insurance based on the evidence my daughter had and the witness testimony. They were successful and reimbursed us for our deductible and recovered the damages from the other drivers insurance.

 

[SDH]

my advice would probably get me another ban from this forum. It may also get you in trouble with the authorities (if they find out!)

 

[Michal]

Fwel free do DM me

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