RIP Nigel

Glad you are ok and that no one was hurt.

Hope that things go smoothly with the order of your new MINI! Be sure to post your specs when you decide.

 

Your post motivated me to look up Ohio DUI law.

You are right. If it's his first offense looks like Ohio law is pretty lenient. It's almost a slap on the wrist [looks like one can get traffic school, avoid jail and only have to pay a small fine]:

Jail - Minimum of three consecutive days or 3-day driver intervention program;
Fine - Minimum $200 and not more than $1,000;
Court License Suspension - 6 months to 3 years;

Where it might cost this Defendant a little more is if 1) this is a second or third offense; 2) he was not properly licensed; or 3) he did not have insurance. Any or all of these factors might result in a stiffer sentence and bigger fines.

From the OP's account it sounds like the guy uses his truck for work. In other words, he needs to drive. So the mandatory license suspension sounds like it might hurt him more than anything else. Meh... I suspect that a Defendant can probably get a suspension that allows one to drive to and from work.

Based on how lenient Ohio laws are, I have to wonder if convicted drunk drivers in Ohio suffer much in increased insurance rates.

Best thing, apparently, is to just forget about this guy and what happens to him. Better to focus on being made 100% whole, via the Defendant and his insurance carriers.

Sidenote: Is that truck a fairly deluxe model? If so, most likely he had decent insurance. Kinda like getting whacked by a late-model Mercedes or BMW.

 

Is it wrong to be angry that the drunk driver didn't catapult through a window, land in the cockpit of Nigel, and drown in his own behemoth's coolant?

Wait... he doesn't deserve to be in the cockpit of a MINI. I hope he gets the maximum!

I'm glad you aren't hurt, and that you are looking at a MINI in the future. I see too many drunk fools in my line of work and it's glad he got busted. Good luck to you!

 

First, thank you all for your kind words of support. It really has been a roller coaster ride. I just wanted to pass on an update.

I was wrong about the truck. It was a F-350. The guy was a contractor and he fell asleep [passed out?] behind the wheel. He was arrested but that is all I know about him.

I finally saw the remains of Nigel without the truck in the daylight. What a mess. His truck was lifted so it was like a monster truck so when he hit, there wasn't a lot to stop him. The bonnet and engine compartment are just smahed to peices. The drivers "A" pillar was badly damamged and the roof samshed in. Drivers side tire was partially of the rim and the wheel was at a crazy angle. All body panels had damage except the passenger rear quarter panel. All but the rear window were shattered. He also took out a concrete busstop bench which is what I think damaged his truck's cooling system

I have been in talks with the other driver's insurance company and we have pretty much agreed on a settlement. The sticking points right now are the replacement of the damaged contents and some aftermarket stuff I had put on. Specifically the iPhone that was damaged and some Vinyl Wraps and my Kuda mount. The amount was based on replacement cost to buy the exact car so with low miles and the uptick in MINI resale recently, I will be walking away from it with about 700 more than the payoff.

Now for the REALLY cool news. I found a private seller who has an 2008 MCS, CR/B with all four packages and has 8700 miles who is trying to get of his lease. It has a few more bits than Nigel had [17" wheels. Piano Black and red colorliine w/ chrome line] and missing a few [cloth intsad of leatherette] but it would be pretty much a clone. He lives about 100 miles from me and I went and drove it yesterday and it was in great shape. I gave him a deposit and I am starting the process to transfer the lease to me. I don't like to lease but the payment is lower than mine was plus the lease-end buyout is pretty reasonable too so I figured I would rather do this than wait for new one.

STILL NO REAR FOGS THOUGH

 

That is great news indeed! Congrats on finding Nigel's clone so quickly. Wish you and your new MINI many safe motoring miles.

CROC 411

 

Great news that you've found a replacement so quickly. Sounds like the "new Nigel" will be a great fit for you. And especially good that the truck driver's insurance is paying for your iPhone, etc.

So, what will be the first thing you add to your new baby?

 

Super! With such a long wait for a new MINI, it's great you were able to find this one. All hail N-2!

 

Well it's good news that you found a clone...if there is such a thing.

What is it with Minis named Nigel and trucks. Do we secretly have bullseyes painted on them?

Does the clone have a name already?

 

that's a joke. in New York if you get stopped with a dui of .08 which is like one or two beers you loose your car!

 

That's good news, BUT BE CAREFUL.

You are entitled to be put into the condition you were BEFORE the guy destroyed your MINI and personal property.

His carrier must pay for ALL damage you suffered. It sounds like the adjuster is simply trying to save a nickel here, a dime there. It adds up when the adjuster is doing that on every claim.

Don't settle [nor sign an agreement] until you see on paper you have been 100% compensated for your loss. For example, the carrier owes you for every dime you spent on traveling to see Nigel reincarnate. Seems a minor point, but why should you have to pay for the gas and time [maybe 5 hours total?] on a 200 mile round trip to find another car. You did the carrier's work for him. Yeah, this might be nit-picky to some, but I don't see any logic to the argument that you too need to take some lumps on the damage caused by the guy. I assume it was not in your plans to take an entire day and spend money for gas so to look for a new car. The adjuster is paid a salary [and maybe gets bonuses for saving the company money on claims paid out] for dealing with you, why should you be expected to absorb 30 hours or more and hard dollars dealing with things on your end?

Also, didn't you say your iPhone was fairly new? The carrier has to pay for you to get a new one, no argument. If it was a July 2007 model, then there would be a question on value and damages, but if it was just a few weeks old, the carrier has to pay for a new one.

And be careful on assuming the lease. Do you know all the terms and conditions of the lease you would be burdening yourself with. And isn't a lease a BIG hassle? For example, you will be restricted on miles per year, have to be careful on damage, be extra careful on not damaging the car in any way, etc.

Seems to me that assuming a lease is putting a BIG burden on your shoulders compared to the regular financing you had on your MINI.

I don't know all the subtleties of leases, insurance claims and replacing vehicles, but why can't the carrier pay off the seller's lease and have you finance it with your original bank or whomever financed the vehicle? Does the guy have huge penalties attached to getting out of the lease early?

Just watching from the sidelines, it seems that while Nigel reincarnate is a great find, the lease that comes with it is an albatross on your back. But that's just me. I have read too many horror stories on leasing and that the only ones who should be leasing are businesses who can write off the lease payment as a business expense.

I am not saying that all this is a reason to end up in court, but these are items of damage you make on your claim so to make sure you are made whole, and also so that you have something to bargain with. Ask for $2000 additional and settle on something in the middle. Don't let the carrier dictate the numbers from which to negotiate downward. You are in the driver's seat on this claim, pun intended, so you should be the one calling the shots.

All just my 32 cents since I don't know anything about Ohio law on leases, the guy's insurance carrier, nor your situation.

 

Yes, I was very surprised too. Ohio's laws are a joke. Don't know why since MADD has had an "influnce" on most State drunk driving laws to make such stricter.

Ohio law seems to give people a free pass on a first violation.

 

WATCHOUT!! MichaelSF is on FIRE today, folks!! Great points, though...Especially about being compensated for going to view (and get) a new UNIQUE vehicle -- it's not like you can pickup a MINI just ANYWHERE.

Please let us know how the lease things go -- I also have no clue about leasing, but have always heard the horror stories...

 

Michael is absolutely right--I wouldn't sign or settle until everything in and on the car had been accounted for and compensated. GPS? Mods? New tires? Stereo? Anything in your glove compartment? And of course, your iPhone.

Michael also urged that you demand compensation for time and expenses for the new car. Don't know how the time compensation is determined, but it should be pretty easy to use the standard business mileage.

I'll bet if you say the word "lawyer" you'll get a better settlement. Don't know what there is about that word, but...