Totaled by demented old lady - Page 2 - LotusTalk - The Lotus Cars Community

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post #21 of 66 (permalink) Old 05-02-2013, 03:47 AM
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Stinks. I've got one the same color and cringed when I saw the pics. You didn't say if you were hurt, but if you weren't you got mighty lucky.

I assume you can't go after her because there was no personal injury, and your or her carrier will in theory comp you for the property damage. But presumably she got a violation and you can insist at being at the hearing and object to any deal, so she can get pulled off the road. If you bring these photos it may be tough for a local prosecutor to tell a judge to keep her driving.

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post #22 of 66 (permalink) Old 05-02-2013, 03:53 AM
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Glad you are ok.
Also got the same color.

Good to see the Elise can stand his ground when battling a Ford Tank....


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post #23 of 66 (permalink) Old 05-02-2013, 04:01 AM
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My daily driver is range rover with steel bumpers for just this reason. Sad thing is she has no damage. She will likely do it again
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post #24 of 66 (permalink) Old 05-02-2013, 04:55 AM
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post #25 of 66 (permalink) Old 05-02-2013, 05:00 AM
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That picture from inside the car showing the tire sitting on the top of the door is epic!
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post #26 of 66 (permalink) Old 05-02-2013, 05:09 AM
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Possible reasons why he can't go after her:
1. She has no assets, living on social security and living with a relative.
2. The courts have previously determined she is incompetent (dementia).
3. Her assets are placed in a type of retirement trust which is not assailable through legal action.
4. The Lotus, at the time of the accident was not registered (or insured) for use on the street. Many states make the accident automatically the fault of the non-registered car.

In case 1, you can sue, but with no assets, it is a waste of time.
In case 2, you can sue her caretaker, for failing to properly secure the car keys, if they have assets.
In case 3, you can sue, but the courts are unlikely to let you prevail.
In case 4, you can try to sue, but the courts are unlikely to let you prevail, you may face additional penalties on top of your injuries and loss.

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post #27 of 66 (permalink) Old 05-02-2013, 05:54 AM
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Assuming she has insurance and you were not at fault... Going after her insurance company is probably the best route. Pain and suffering and mental anguish are worth quite a bit in this type of a situation. My wife and kids were in an accident that caused $5k damage to the rear of our Explorer. Chiropractor for over two years alone was over $30k... The insurance companies usually pay pain and suffering in multiples of medical expenses... 2-5x medical expenses depending on the injury. Make sure you get ALL your injuries completely taken care of before settling with her insurance co. Sorry for the loss of your car... But happily you are ok... That really could have ended badly!
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post #28 of 66 (permalink) Old 05-02-2013, 06:35 AM
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The little old lady most likely had state minimum insurance, if she was covered at all.
The minimum liability limits for Texas are $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident. This basic coverage is called 30/60/25 coverage.
Most of us cannot replace our car, with upgrades, for 25k.

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post #29 of 66 (permalink) Old 05-02-2013, 06:53 AM
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Quote:
Originally Posted by 6i9 View Post

Man old people need to give up their **** after age 60. Good luck, you'll be back in another Lotus soon hopefully.
A lot of people of all ages should give up their licenses; age having not much to do with impaired judgement or skills of most idiots I encounter every day. Hell, you might have been one of them.

That said, I'm 60 and very sorry for the OP's loss; also happy he's ok. That had to be a bad scare.




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post #30 of 66 (permalink) Old 05-02-2013, 07:24 AM
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I take a bit of offense at the older driver jab as well. The majority of my accidents have been with inattentive or distracted drivers in their 20's. I have never had an accident with anyone over 40. I think the problem is some of the elderly drivers who are unsafe, are spectacularly unsafe. Most of the "bad" older drivers simply drive painfully slow, drive with their blinkers on for 100 miles, etc.

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post #31 of 66 (permalink) Old 05-02-2013, 07:30 AM
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Oh man, that is a nightmare I have; having my Elise totaled and not being able to replace it

hope you are Ok

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post #32 of 66 (permalink) Old 05-02-2013, 08:40 AM
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it still boggles my mind that we don't do at least a quick drivers test every 10 years (like a "smoke test" for those of you that are engineers.) Hell, i turn 30 this year and I wouldn't have a problem with having to go do a quick test to make sure everything's ok, i can't imagine how i'll feel at 50....

I know its unrealistic since the DMV's are already jam packed every day, but still...stuff like this just angers me at how lightly we take driving.

Sorry for your loss man, terrible to see another elise go down : (

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post #33 of 66 (permalink) Old 05-02-2013, 09:35 AM
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So sorry about the elise. Pm'ed you about a couple of parts if youre interested in recouping some of your loss

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post #34 of 66 (permalink) Old 05-02-2013, 09:40 AM
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Wow. Glad that you are OK

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post #35 of 66 (permalink) Old 05-02-2013, 10:07 AM
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Saw your car on Facebook> Wrecked Exotics already so you are at least famous. Bummer about the car, but now is the chance to go back and do it again and fix all those little things that were bugging you.

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post #36 of 66 (permalink) Old 05-02-2013, 10:10 AM
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I see that you have a CF front clam, and the rest of the car is nightfall blue. Was this car already in a accident(requiring the replacement of the blue front clam)?

Im so very sorry about your car.
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post #37 of 66 (permalink) Old 05-02-2013, 10:20 AM
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Unreal.

Happy you got out uninjured. Hope all works out on a replacement.

-Alex

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post #38 of 66 (permalink) Old 05-02-2013, 01:06 PM
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Quote:
Originally Posted by Hello Kitty View Post
I see that you have a CF front clam, and the rest of the car is nightfall blue. Was this car already in a accident(requiring the replacement of the blue front clam)?

Im so very sorry about your car.
I think it's just a sticker! You can see blue around the front light. OP??
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post #39 of 66 (permalink) Old 05-02-2013, 01:37 PM
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Very sorry to hear...I dread something like this happening to me...

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post #40 of 66 (permalink) Old 05-02-2013, 01:49 PM
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Sorry about your loss of a nice car. Hope you are ok.

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