Ivy:

Thanks for the comments. I got a call from my insurance company this afternoon. AutoZone is denying any responsibility for the accident. My adjuster called me to verify a few pieces of information, but he said that it is possible that this will end up going to arbitration. We'll have to see what happens, but I am certainly going to call the insurance company and put in another good word for myself.

In reality, you're right. If I had spun out and not hit anything, and no one else hit me, then I would have been able to put the car back in gear and continue driving down the road. That wasn't to be. All in all, I think that I was monstrously lucky to be in good health after an accident like that. The car, which was beautiful, is gone now, and was only a part - small part - of the equation.

larry

 

Nothing like riding into a sh!tstorm and coming out smelling like roses eh? If that's the way the system works, so be it. I guess here's a case of "don't hate the player, hate the game."

Word to the wise about plows. When you see a staggered-side tandem of them, you're at a much bigger risk when passing. No duh, right? Well think about it; inside plow gathers up his slop and passes it on to #2 in the middle who hands his load off to #3 on the outside. Key here is #3 is slinging off an estimated 3x the amount normally gathered by one plow. Driving through that moving 3x slop load is a bit dicey, as evidenced by Larry's slippy slide joy ride. Kinda like riding a wave of slop for an instant.

Well it's good you ended up mostly unharmed in the end. Oughta treat yourself to a veggieburger and tip your cap to the man upstairs each time you hop in the new hotrod. Also think about investing in some high strength underwear, in the event that the horseshoe residing up there tries to fall out! Plus i'm sure you need a new pair anyway...........

 

This is likely my last post on this thread. I received a letter from my insurance company. Their subrogation department was unable to get any collection from AutoZone. They stated that "the material facts of this loss are such that a recovery is not possible."

They suggested that if I wanted to pursue collection from AutoZone, I could do that, but their efforts were at an end.

I then called my adjuster to see if this decision had any impact on the assigned liability of the claim. He said, "No, we still view this accident as we had previously, that the truck was at fault, and therefore there is no liability assigned to you."

Certainly this made me happy. Will I try to collect something from AutoZone? I don't know. Maybe, but not this week. Too many other things to get caught up on. But, in any case, I came out well from this potentially horrific collision.

thanks to everyone who supported me during this process. To the others, well, .

larry

 

Larry it is always a uphill battle with large corporations like AutoZone... I would have been very surprised if that went anywhere.
Best of luck with the new car

 

I'm a bit confused. Here in British Columbia Canada the government owns all of the automobile insurance. It does suck and it is expensive, but whatever is happening above doesn't normally happen.

Can someone explain for me the dumb Canadian please...

Larry crashed his car. His insurance company says it' is the other guys fault. The other guys insurance company (Autozone) says it's Larry's fault. This sounds like it would happen *all* the time.

Did anyone pay Larry?

 

Yes, in the USA, everyone gets the opportunity to buy their own insurance. The "quality" of the insurance is only important when you have an accident. It is then that the fairness of any settlement becomes important. In a case like mine, I have two choices, I can get my insurance to pay the claim, paying my deductible, and then waiting for my insurance company to "subrogate" or negotiate a settlement with the other insurance company, or I can file a claim with the other driver's insurance company, and wait for them to agree to pay for the claim.

In many cases, the insurance companies come to agreement on who is at fault, comparative negligence (my driver was 40% at fault, your driver was 60% at fault), who got a ticket from the police, and they settle on a division of the claim between the companies. My insurance premium is based on the number of "at fault" accidents I have had. In this case, since my car was totaled, a decision that I was at fault would have raised my insurance rates significantly.

In this case, since the companies couldn't agree on who was at fault, each of them pay for their customer's claims. So, my insurance company paid for the value of my wrecked Porsche, and their insurance company paid for the repair to the semi. So . . . Yes, I did get paid, but I needed to cough up for my deductible. Not a bad deal, considering.

larry

 

your photos make my stomach twist, i am glad you are safe