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Discussion Starter · #1 ·
My car isn't so bad(drive it home), but his truck is totaled as he rolled it after hitting a fire hydrant. He was driving an early 90's toyota pickup and he's trying to place the blame on me! I'll post pictures and details later. I need to know how to figure this guy in court. GRRR
 

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That shit sucks man! :mad:
Glad to see that you're ok though. Hope your ride didn't take too bad a hit.
 

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[quote author=mechanicboy18 link=topic=87639.msg1676353#msg1676353 date=1188362682]
My car isn't so bad(drive it home), but his truck is totaled as he rolled it after hitting a fire hydrant. He was driving an early 90's toyota pickup and he's trying to place the blame on me! I'll post pictures and details later. I need to know how to figure this guy in court. GRRR
[/quote]
Pictures and diagrams. REPEAT: Lots of pictures and diagrams. Get a good camera (or consider hiring a photographer) and take relevant pictures of the scene. Where were you, where was he, direction you came from, direction he came from, things around the scene (signals, lights, lines, the fire hydrant), damage to your car, damage to HIS car if you can get it, EVERYTHING. Then diagram it out with good measurements, where everybody ended up, placement of skid marks (again make this professional, not on the back of a Jack in the Box napkin), get witness statements, etc. Show up in court with a good package like this and present it calmly and clearly. Judges eat up stuff like that, especially if he shows up and says "well, he went like this and I went like that and he hit me."
 

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Discussion Starter · #4 ·
Here's some quick pics. I have a video(with my camera) but I realized that what I was saying in the video was wrong. I'll put that up soon.

Oh and the estimate is $5k






 

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Wow, he took a lot more damage than you. Good indication that he was going quite a bit faster than that 25MPH speed limit.

Good luck man, Im glad that your okay, and the Fusion doesn't have any serious damage.

$5k though? That seems a bit high. I would make sure that you dont get stuck with a salvage title after that. IDK what the laws are where you live, but in IL, anything damage that is estimated at 1/3rd of the vehicles value becomes a salvage title. $5k would be just above that.
Unless of course, you can get reimbursed for depreciation.
 

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Pics of his truck indicate that there was no way he could have been going the speed limit. Even if he did, if he was trying to pass you and cut you off at the last minute, the double yellow line shows that a pass would have been illegal on that stretch of road. Is the water in the ditch because of the fire hydrant?
 

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Discussion Starter · #8 ·
[quote author=thereisnospoon link=topic=87639.msg1680701#msg1680701 date=1188522728]
Pics of his truck indicate that there was no way he could have been going the speed limit. Even if he did, if he was trying to pass you and cut you off at the last minute, the double yellow line shows that a pass would have been illegal on that stretch of road. Is the water in the ditch because of the fire hydrant?
[/quote]

Well he was going faster then me for sure!
Yes, the water is the the hydrant.

[quote author=Crystallas link=topic=87639.msg1679136#msg1679136 date=1188459769]
Wow, he took a lot more damage than you. Good indication that he was going quite a bit faster than that 25MPH speed limit.

Good luck man, Im glad that your okay, and the Fusion doesn't have any serious damage.

$5k though? That seems a bit high. I would make sure that you dont get stuck with a salvage title after that. IDK what the laws are where you live, but in IL, anything damage that is estimated at 1/3rd of the vehicles value becomes a salvage title. $5k would be just above that.
Unless of course, you can get reimbursed for depreciation.
[/quote]

I'll have to check into that, I don't want a salvage title. My car's retail value(what insurance in cali goes off) is $19k. One reason the estimate is so high is because I was stern that I wanted a new front driver tire and wheel, plus both rims on the passenger side because they sustained gravel damage.
 

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Discussion Starter · #10 ·
Yea, I'll need all the luck and help I can get. Speaking of that, isn't someone on this forum an insurance adjuster? If so I could really use your help.
 

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All that matters is passing with double yellow line. Automatic his fault. Sue his ass off and get what you can. No. I dont really believe in that mindset, but if you dont, your car will have damage that you will have to report (by law- and it lowers the trade in value) and you have to recoup or YOU will be the one who loses in the long run. Unfortunately, you must be aggressive, or you will be the loser, despite YOU being the one in the right.
 

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[quote author=mechanicboy18 link=topic=87639.msg1681173#msg1681173 date=1188536249]
Yea, I'll need all the luck and help I can get. Speaking of that, isn't someone on this forum an insurance adjuster? If so I could really use your help.
[/quote]Yea, I'm sure I remember somebody saying they were or are an insurance guy. I could tell you my insurance story, but I get pissed off everytime I think about it.
 

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That sucks, sorry to hear about your terrible luck. Good thing you're alright! But damn, what an idiot. I know CA drivers are bad but jeez. Not to mention his tags are at least 3-4 years expired?
 

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Discussion Starter · #14 ·
Just and update. I got the cover page to the collision report form the CHP, and the bastard still hasn't given them his insurance information! What if he doesn't have insurance? I just faxed the page to my insurance agent, so I'll see what she thinks.
 

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[quote author=mechanicboy18 link=topic=87639.msg1683712#msg1683712 date=1188662560]
Just and update. I got the cover page to the collision report form the CHP, and the bastard still hasn't given them his insurance information! What if he doesn't have insurance? I just faxed the page to my insurance agent, so I'll see what she thinks.
[/quote]

I've had that happen before... Your insurance should take care of you in the mean time. But you can expect some court time if he really doesn't have insurance.
 

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maybe you should have let him pass, ie. brake when you see him attempting to pass

you have nothing to lose from doing that.
 

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If I'm driving down a road that no one is supposed to be passing me on, I'm not looking for someone to attempt a pass. Its not my job, its not my duty, its not my fault. Were you there? Do you know what he did or did not do? Did I miss something? Did he say that he purposely cut this guy off? Dont start your bleeding heart story for the guilty party. Why is it that someone always has to tell the victim he was somehow in the wrong? How about making the @sshole that WILLINGLY broke the law pay for his crime and take the blame.

STFU Nr9.
 

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Houston we may have a PROBLEM.

In reading this thread, I can suggest a couple of things:

1. I WOULD "EDIT/REMOVE" the speed limit that you were going at the time of accident. From what I can recall, the state of California is a "contributory negligence" state. What does this mean? Since you were traveling above the speed limit, your insurance company can blame you for contruting to the accident and make you pay for a certian percentage of the claim.... (as far as "we" know, you were doing 25 MPH) You did say that when they took a tape recording from you right?.........

2. If the other party refuses to disclose his/her insurance information, simply call the police and let them handle it.

Hope everything works out......
 

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[quote author=pantherdan link=topic=87639.msg1696073#msg1696073 date=1189156531]
Its not my job, its not my duty, its not my fault.
[/quote]

But this is exactly the attitude that results in so many accidents. Good defensive driving goes beyond "my job, my duty". When I'm stopped at a red light and it turns green, I always look both ways before proceeding. It's not my job nor my duty, but it's saved me from a few accidents.

In this case certainly our friend didn't do anything wrong and should get full coverage for his loss and not accept any responsibility, but a little braking on his part would have saved all the hassle.
 

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[quote author=pantherdan link=topic=87639.msg1696073#msg1696073 date=1189156531]
If I'm driving down a road that no one is supposed to be passing me on, I'm not looking for someone to attempt a pass. Its not my job, its not my duty, its not my fault. Were you there? Do you know what he did or did not do? Did I miss something? Did he say that he purposely cut this guy off? Dont start your bleeding heart story for the guilty party. Why is it that someone always has to tell the victim he was somehow in the wrong? How about making the @sshole that WILLINGLY broke the law pay for his crime and take the blame.

STFU Nr9.
[/quote]

of course its the other guy's fault and he should take the blame. i don't feel a bit sorry for him. mechanicboy obviously didn't do anything wrong. But now he has to deal with shit like this when he could have been minding his own business, banging his chick without having to think about ****** drivers. The law punishes illegal driving; but following the law does not protect you from illegal driving.
 
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