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-   -   Had an Altercation Today (http://986forum.com/forums/boxster-general-discussions/52009-had-altercation-today.html)

Timco 05-08-2014 07:55 AM

Quote:

Originally Posted by Perfectlap (Post 399365)
impounding the car of American while the gubimint decide what to do is tantamount to an act of totalitarian, fascism, Satanism, flag-burning, and puppy-kicking all rolled into one. China is a very different place but that much is obvious.

Cars are only impounded here generally if you have an obscene number of parking tickets or if you kill someone like a cyclist (which happened to a colleague of mine) requiring a mechanical inspection of your brakes.

Or if drugs are found.

BFeller 05-08-2014 08:05 AM

Quote:

Originally Posted by Nine8Six (Post 399368)
Satanism..... lolll

So in all traffic accident cases the police officier's last word is, what it is (solid). Interesting. Looks like friend Jake there is safe then

Then still doesn't make sense to me why any party would need to hire a lawyer. I was convinced the insuranceCo' adjuster had a black book in hand and was quoting accordingly - in case of total loss anyway. Lawyers or not, not sure with what they could assist.

Re repairs, that's defined by the adjuster as well or they normally leave it to an insusranceCo' appointed bodyshop to quote? or is that the same..... confusing

15+ years driving - never been in any accident (touching wood with one hand, typing with the other)


The insurance companies now see themselves and their stockholders as the most important people to be protected.

Either party can hire a lawyer to handle the claim in what is called Civil Court. If some one had been ticketed, it would be handled in Criminal Court. Major differences in the two courts can be best be summed up in the OJ Simpson murder cases. He was found Not Guilty in criminal court, but held liable for the deaths in civil court.

Most policies state that if your at fault, they will only pay what their preferred repair shop says it will cost. There is more leeway when someone has hit your car.

In this case, it does not work well for the insurance company to find Jake at fault. If they do, they pay his repair, and the Bronco repairs. If the Bronco is at fault, they likely do not have comprehensive, so they only pay Jakes repair. However, if they find both at fault, they pay Jakes repair minus the deductible. I see them try to make the latter stick.

Nine8Six 05-08-2014 08:22 AM

Quote:

Originally Posted by BFeller (Post 399375)
The insurance companies now see themselves and their stockholders as the most important people to be protected.

Either party can hire a lawyer to handle the claim in what is called Civil Court. If some one had been ticketed, it would be handled in Criminal Court. Major differences in the two courts can be best be summed up in the OJ Simpson murder cases. He was found Not Guilty in criminal court, but held liable for the deaths in civil court.

Most policies state that if your at fault, they will only pay what their preferred repair shop says it will cost. There is more leeway when someone has hit your car.

In this case, it does not work well for the insurance company to find Jake at fault. If they do, they pay his repair, and the Bronco repairs. If the Bronco is at fault, they likely do not have comprehensive, so they only pay Jakes repair. However, if they find both at fault, they pay Jakes repair minus the deductible. I see them try to make the latter stick.

top quality, understood... thx

Nine8Six 05-08-2014 08:44 AM

I get it... the bronco guy doesn't have that 'comprehensive' option and fight to have Jake at fault

So that's why this Bronco dude is making a lot of noise (I was really wondering why?!). Here the insurance co doesn't allow drivers on the roads without this "comprehensive" little addition. You just have no choice to get/pay it

So not only Jake stole his GF (mentioned in previous post) and never got well with him, in a way he also managed to trash his bronco and its' owner's wallet on that one. Bad Bad Bad Jake lol

I wouldn't look for a lawyer if I were Jake.... I would invest this money into finding a real BIGjake for personal protection for a few weeks ;)

Perfectlap 05-08-2014 10:33 AM

Quote:

Originally Posted by Nine8Six (Post 399368)

Then still doesn't make sense to me why any party would need to hire a lawyer. I was convinced the insuranceCo' adjuster had a black book in hand and was quoting accordingly - in case of total loss anyway. Lawyers or not, not sure with what they could assist.

Because lawyers here know how to work the insurance adjusters who make out the checks. They're more like 'inside men' who have been down this road countless times. They know what is an outrageous claim and what is a reasonable one. They may reach out to a Porsche shop and ask them to provide an appraisal of what an old Porsche is worth and then forward that to the adjuster to refute. My own indy did this for a 944 that caught fire or something but was fully covered by the owner. The owner was able to get a higher pay out than what the standard valuation for a 20+ year old car would be. 986's are not quiet 20 years old yet but values can vary wildly in the our markets depending on region, condition and supply. My take is that a person filing a claim like this entirely on their own expecting the best price possible is going to get screwed.

Nine8Six 05-08-2014 11:01 AM

Quote:

Originally Posted by Perfectlap (Post 399406)
Because lawyers here know how to work the insurance adjusters who make out the checks. They're more like 'inside men' who have been down this road countless times. They know what is an outrageous claim and what is a reasonable one. They may reach out to a Porsche shop and ask them to provide an appraisal of what an old Porsche is worth and then forward that to the adjuster to refute. My own indy did this for a 944 that caught fire or something but was fully covered by the owner. The owner was able to get a higher pay out than what the standard valuation for a 20+ year old car would be. 986's are not quiet 20 years old yet but values can vary wildly in the our markets depending on region, condition and supply. My take is that a person filing a claim like this entirely on their own expecting the best price possible is going to get screwed.

You'd think the common citizen, insured driver, would have a concise and detailed policy in a written format handed over by his insurance company at that price (saying that, I'm realizing I don't myself). That could help in avoiding being screwed by the insurers or getting slammed by additional legal fees.

The problem is likely to be same as elsewhere.... having just too many insurance companies, policies, catches, some scammers, to be able to feel fully insured these days :/

Feel really bad for Jake on that one... school kid with a Porsche car. How cool is that.... not the type of event you want to see happening to him (to anyone of course)

HE IS GOING TO WIN ANYWAY. GO-GO JAKE (screw the insurance mood thing... kick his arse bigjake style lol)

BIGJake111 05-08-2014 12:29 PM

They came to take photos of the car in the driveway today, said likely totalled, the appraiser also said that the reason why the other is likely fighting it is because it happened on private property and he did not get a citation and there is possibly not a full police report, rather just one saying the other individual is at fault. The money for aprasil will not be paid out at all until liability is taken care of. The other kids parents work bail bonds as I said and have likely found out that they have the slightest fighting chance because it is on private property. The kid is also trying to claim I moved my car to sway the cop, but the photos taken today will likely prove otherwise... An issue here is that both parties do not only have the same in co but we even have the same adjuster working with both of us. If I was hit any normal individual this would be likely resolved rather not only got hit by a student but one that can't stand me and has a decent portion of the student body wrapped around his finger.


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BIGJake111 05-08-2014 12:39 PM

Quote:

Originally Posted by BFeller (Post 399375)
The insurance companies now see themselves and their stockholders as the most important people to be protected.

Either party can hire a lawyer to handle the claim in what is called Civil Court. If some one had been ticketed, it would be handled in Criminal Court. Major differences in the two courts can be best be summed up in the OJ Simpson murder cases. He was found Not Guilty in criminal court, but held liable for the deaths in civil court.

Most policies state that if your at fault, they will only pay what their preferred repair shop says it will cost. There is more leeway when someone has hit your car.

In this case, it does not work well for the insurance company to find Jake at fault. If they do, they pay his repair, and the Bronco repairs. If the Bronco is at fault, they likely do not have comprehensive, so they only pay Jakes repair. However, if they find both at fault, they pay Jakes repair minus the deductible. I see them try to make the latter stick.

If they somehow say I am guilty, the bronco people will likely not even pay their deductible as all the car needs is a stupid new bumper.


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BIGJake111 05-08-2014 12:49 PM

Just called the agent apparently no full police reports from private property, so f* me. He was shaking in his boots and stuttering about when we mentioned an attorney. Big lesson here is for everyone to call a cop in the case of an altercation and if their is not a citation make sure the officer makes a full report or something in order to protect you.


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Nine8Six 05-08-2014 12:51 PM

Quote:

Originally Posted by BIGJake111 (Post 399427)
If they somehow say I am guilty, the bronco people will likely not even pay their deductible as all the car needs is a stupid new bumper.

Jake, you can't be responsible, it's a private property and there is no official report in neither of your hands (serious?). Seems this is only going to be settled 50/50 and someone is not telling you and watching the show. What's up with that man

Nine8Six 05-08-2014 12:55 PM

Quote:

Originally Posted by BIGJake111 (Post 399428)
Just called the agent apparently no full police reports from private property, so f* me. He was shaking in his boots and stuttering about when we mentioned an attorney. Big lesson here is for everyone to call a cop in the case of an altercation and if their is not a citation make sure the officer makes a full report or something in order to protect you.

This makes me want to puke, and buy you another BRAND spanking new car mate :(

feel ya from the other side of that globe

BIGJake111 05-08-2014 01:06 PM

Quote:

Originally Posted by Nine8Six (Post 399429)
Jake, you can't be responsible, it's a private property and there is no official report in neither of your hands (serious?). Seems this is only going to be settled 50/50 and someone is not telling you and watching the show. What's up with that man

Oh yes at the least i will not be guilty, and it will be 50/50 but he needs to be held liable for failing to yeild to right away, we are planning to contact the corproal who we personally know about this and we just talked with our adjuster which it appears it was a misunderstanding on our agent that the adjuster is working with both sides because our adjuster happened to take their statement and theirs took mine it made things slightly complicated, but we do have our own adjuster and she said all they are waiting for at this time is photos of the other parties car, which i just hope he has not altered since the scene.

BruceH 05-08-2014 01:11 PM

Did you take pictures of the Bronco right after the accident? That would be helpful.

BIGJake111 05-08-2014 01:15 PM

Quote:

Originally Posted by Nine8Six (Post 399431)
This makes me want to puke, and buy you another BRAND spanking new car mate :(

I will take that offer haha but thanks for your concern and all hopefully if things are not resolved reliability wise tomorrow it will be by Monday.

BIGJake111 05-08-2014 01:16 PM

Quote:

Originally Posted by BruceH (Post 399433)
Did you take pictures of the Bronco right after the accident? That would be helpful.

I have photos of my car with the bronco and its damages in the background... and also showing where the cars stood after the accident.

BIGJake111 05-08-2014 01:19 PM

Essentally in the case of a He Said/She said.... all you have to do to get out of responsibility in the UNITED STATES OF AMERICA is to lie :mad: :matchup: Still hoping the photos of his car prove him guilty but people are saying that you will most likely have to have a lawyer in the case of a he said she said..... :barf: and after that you could end up with your car fixed and your insurance not skyrocketing but you still are out how ever many thousand you pay the lawyer.

BIGJake111 05-08-2014 01:26 PM

So on further research.... "private property meaning that tax dollars are not used to keep the property up" Being a school it technically is not private property!

Perfectlap 05-08-2014 02:56 PM

I don't see how one adjuster can pursuit the interests of both parties equally. Even if for the sake of appearances they would need an adjuster appointed to each party, although this would be a wash since they have the same boss...

I'm not sure if a police report is so vital here. It doesn't matter if your car was past him or not.
The burden is always on the person pulling out of a parking spot. The fact that this much damage was done to the rear car strongly points towards a situation where the reversing car was very late on the brake or wasn't looking until he felt the impact. Hence his policy should bear all costs.

BIGJake111 05-08-2014 04:35 PM

Quote:

Originally Posted by Perfectlap (Post 399448)
I don't see how one adjuster can pursuit the interests of both parties equally. Even if for the sake of appearances they would need an adjuster appointed to each party, although this would be a wash since they have the same boss...

He was not backing out he was illegally parked parallel to the thruway and essentially a if he was parallel parked came out as I was going by.
I'm not sure if a police report is so vital here. It doesn't matter if your car was past him or not.
The burden is always on the person pulling out of a parking spot. The fact that this much damage was done to the rear car strongly points towards a situation where the reversing car was very late on the brake or wasn't looking until he felt the impact. Hence his policy should bear all costs.




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coreseller 05-08-2014 04:45 PM

Unlike others, I am a man of relatively few words. Per prior posts.....Get / Depose Witnesses, Police Report, then Lawyer. The longer you wait the muddier it will get.

Timco 05-08-2014 05:13 PM

Quote:

Originally Posted by BIGJake111 (Post 399438)
So on further research.... "private property meaning that tax dollars are not used to keep the property up" Being a school it technically is not private property!

Great point!!!!

BFeller 05-08-2014 05:30 PM

Quote:

Originally Posted by Nine8Six (Post 399380)
I get it... the bronco guy doesn't have that 'comprehensive' option and fight to have Jake at fault

So that's why this Bronco dude is making a lot of noise (I was really wondering why?!). Here the insurance co doesn't allow drivers on the roads without this "comprehensive" little addition. You just have no choice to get/pay it

So not only Jake stole his GF (mentioned in previous post) and never got well with him, in a way he also managed to trash his bronco and its' owner's wallet on that one. Bad Bad Bad Jake lol

I wouldn't look for a lawyer if I were Jake.... I would invest this money into finding a real BIGjake for personal protection for a few weeks ;)

Not having to pay comprehensive, if you have tickets, accidents, drunk driving, etc, can be a cost saver, if your driving a cheap car. My step son totaled a car a few months back. It could cost 2 grand or more to insure insure. He can get a beater car and drive it for 3 years and be way ahead. In the States I've lived in - we don't force people to have comprehensive, but you have to have liability to be responsible to other guy. We have 50 of them, so some other States may vary.

BFeller 05-08-2014 05:37 PM

Quote:

Originally Posted by BIGJake111 (Post 399428)
Just called the agent apparently no full police reports from private property, so f* me. He was shaking in his boots and stuttering about when we mentioned an attorney. Big lesson here is for everyone to call a cop in the case of an altercation and if their is not a citation make sure the officer makes a full report or something in order to protect you.


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Police report or not, because he saw the scene - he becomes a well qualified witness. He may not have to make a report, but he darn well would have to make a statement in a deposition.

To your other comment - in NC - it is 'State Maintained' roads etc that make the difference. The school board, although a government entity does not always make it a 'State Maintained' road. But, I am an IT Guy, not a lawyer. So that's my opinion. Keep your head, stay honest. If it does work out for you today, that attitude will work for the long haul.

BIGJake111 05-08-2014 05:50 PM

Once the In co gets photos of the other car, liability should be over with, if we don't like the results, we get a lawyer


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BIGJake111 05-08-2014 05:54 PM

Quote:

Originally Posted by BFeller (Post 399472)
Police report or not, because he saw the scene - he becomes a well qualified witness. He may not have to make a report, but he darn well would have to make a statement in a deposition.

To your other comment - in NC - it is 'State Maintained' roads etc that make the difference. The school board, although a government entity does not always make it a 'State Maintained' road. But, I am an IT Guy, not a lawyer. So that's my opinion. Keep your head, stay honest. If it does work out for you today, that attitude will work for the long haul.

Normal parking lots don't show up on google earth right, I believe the school Parking lot trough ways are on maps and such, I will check.


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BIGJake111 05-08-2014 06:22 PM

http://986forum.com/forums/uploads01...1399602151.jpg

shadrach74 05-08-2014 06:37 PM

My prediction is that you will be made whole Jake. However, if it gets litigated you may become familiar with the term "contributory negligence". The damage your car sustained looks like it was the result of more than a "parking lot speed" collision. You had to have witnesses. Can they attest to the fact that you were not ripping down that parking row?

BIGJake111 05-08-2014 06:45 PM

Quote:

Originally Posted by shadrach74 (Post 399490)
My prediction is that you will be made whole Jake. However, if it gets litigated you may become familiar with the term "contributory negligence". The damage your car sustained looks like it was the result of more than a "parking lot speed" collision. You had to have witnesses. Can they attest to the fact that you were not ripping down that parking row?

There are zero unbiased individuals that can testify anything aside from the police officer or school cameras which the adjuster has contacted the school about but has not heard back from.

JayG 05-08-2014 08:05 PM

so lets get this straight:

The front bumper of the Bronco impacted the passenger side of your Boxster.
Even if you were driving fast in the parking lot, it would still be his fault as you were in the driving lane and no matter how he was parked, he had to pull out and you had the right of way. He should not have pulled out unless it was safe to do so

Since there are no skid marks, you were not driving fast, he has a pretty weak story. Also if you had been driving fast, the impact would have at very least spun him around a little.

I feel for you. Several years ago, my wife was in an accident where the other person basically turned right on a red light without stopping and hit my wife that was making a left turn. It was a low speed collision , maybe 20 mph and it spun the car around about 90 degrees. We ended up in small claims court and the judge ruled he failed to avoid an accident and it was his fault. He was stupid, had he just let the insursnce pay it, it woudl have been better for him. With the lawsuit, it ended up costing him personally an additional $2k.

You will prevail and be made whole again.

BTW, are you in high school or college?

BIGJake111 05-09-2014 03:01 AM

High school and the only problem is the kid story is conflicting and supposedly police report is no good without a citation, so all it takes for them to have to further investigate is for the other kid to claim a different story, then if the damages don't prove him guilty I am assuming it is ruled 50/50


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shadrach74 05-09-2014 03:33 AM

Quote:

Originally Posted by JayG (Post 399496)
so lets get this straight:

The front bumper of the Bronco impacted the passenger side of your Boxster.
Even if you were driving fast in the parking lot, it would still be his fault as you were in the driving lane and no matter how he was parked, he had to pull out and you had the right of way. He should not have pulled out unless it was safe to do so...

When is was in my early 20s I owned a Mercedes E Class. It was pretty nice car for a kid at that age. I was coming down an alley (probably a bit over the limit) when a realtor who had been showing a house backed out of a blind parking lot right in front of me. My reaction was to swerve to the right to miss him and I did so successfully...but ended up in gravel and slid into the back of a beat up van that was randomly parked to the side of the alley.

The policeman on the scene placed fault with me, claiming that my speed had caused the accident. It was pay day for the van people, the realtor drove away without so much as a warning and the cop told me that if I had hit the realtors car, that he would have been forced to fault the realtor.

I know this is not the exact same scenario. My point is that young men in cars that are perceived to be flashy don't engender good favor or much good will from the community in most cases. I was a known quantity in my community and I certainly was not liked for for having fancy cars and dating attractive young ladies. Truth is most people probably thought I needed to be taken down a notch (and maybe I did, but in a constructive way). I'm sure that policeman thought he did...

I suspect Jake is finding it difficult to find "credible" witnesses because not many people are identifing him as someone who deserves their testimony. He's that "guy with the Porsche" on campus that snaked Redneck Bronco's girl. I have also been "that guy" and I can say that people are petty. Jealousy and Schadenfreude can prevent the truth from surfacing. I'm betting that someone with a conscience saw the accident. I hope they surface.

BIGJake111 05-09-2014 04:28 AM

Quote:

Originally Posted by shadrach74 (Post 399513)
When is was in my early 20s I owned a Mercedes E Class. It was pretty nice car for a kid at that age. I was coming down an alley (probably a bit over the limit) when a realtor who had been showing a house backed out of a blind parking lot right in front of me. My reaction was to swerve to the right to miss him and I did so successfully...but ended up in gravel and slid into the back of a beat up van that was randomly parked to the side of the alley.

The policeman on the scene placed fault with me, claiming that my speed had caused the accident. It was pay day for the van people, the realtor drove away without so much as a warning and the cop told me that if I had hit the realtors car, that he would have been forced to fault the realtor.

I know this is not the exact same scenario. My point is that young men in cars that are perceived to be flashy don't engender good favor or much good will from the community in most cases. I was a known quantity in my community and I certainly was not liked for for having fancy cars and dating attractive young ladies. Truth is most people probably thought I needed to be taken down a notch (and maybe I did, but in a constructive way). I'm sure that policeman thought he did...

I suspect Jake is finding it difficult to find "credible" witnesses because not many people are identifing him as someone who deserves their testimony. He's that "guy with the Porsche" on campus that snaked Redneck Bronco's girl. I have also been "that guy" and I can say that people are petty. Jealousy and Schadenfreude can prevent the truth from surfacing. I'm betting that someone with a conscience saw the accident. I hope they surface.

The witness issue is simply because everyone knows someone, my friends that claim I am innocent are just as useful as the kids helping the other party, the issue lies that it isn't so and so saw this car hit that one, everyone knows everyone as we all go to school together so only a teacher would count as a witness.

Timco 05-09-2014 04:31 AM

Too bad you don't have Geico. This one is so obvious, even the caveman could see it.

BIGJake111 05-09-2014 04:40 AM

Quote:

Originally Posted by Timco (Post 399523)
Too bad you don't have Geico. This one is so obvious, even the caveman could see it.

Im just glad my car wasn't flipped over by some hooligans :ah::rolleyes:

BIGJake111 05-09-2014 12:34 PM

The diagram I shared here that I quickly made in Microsoft paint has basically won the case, the adjuster is having the officer to call her just to have a higher source agreeing on our side then the case will be closed, thank you ms paint!


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BIGJake111 05-09-2014 01:19 PM

http://986forum.com/forums/boxster-parts-sale-wanted/52070-totaled-boxster-parted-out.html

just linking these two threads togeather.

JayG 05-09-2014 03:27 PM

Quote:

Originally Posted by BIGJake111 (Post 399599)
The diagram I shared here that I quickly made in Microsoft paint has basically won the case, the adjuster is having the officer to call her just to have a higher source agreeing on our side then the case will be closed, thank you ms paint!


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YIPEEE. Glad to hear that

Now you just need to make sure you get top $$ in the settlement

Find several Boxsters that are equal or better than yours and that is your basis for replacement cost. You want to have printouts of them with the selling price

also they should add in some $$ for your trouble as well as either a rental car or payment for the rental car

Remember, this was not your fault and you deserve to be compensated for your loss

shadrach74 05-09-2014 05:41 PM

Congratulations Jake!!! That's great news.

I'd not worry about a buy back right now. Focus on maximizing the gross settlement. I'm betting the settlement will end up between $10,000and 11,000. Calculated salvage value will likely be between $2000-3000. Depending on state law a buy back will mean mandatory salvage title. If you can walk away with $8,000 and your car, I'd keep it and part it out (if you have room to store it...it takes months/years to fully part out most vehicles).

BIGJake111 05-09-2014 06:17 PM

Good news is, looking on the market, there are cars with nearly 200k miles going for 9k... could easily get 10 or so without even fighting it, then after fighting it and adding in glass top, rental car, and having principle and teachers testify against the stress and such. In the end with all of that i could honestly see getting 11k or so market value. After that we belive we have examples of tottalled cars that will allow us to buy mine back for around 2k. Sell the top, engine, and trans. And i should turn a profit... Good news is while the boxster market seems actually pretty high up right now from when i was buying last year, the gap between a normal car and an S has went down. I could very very well find myself driving an S soon!:cheers: And i will still have the left overs of me 2.5 car to continue selling or to just send off whatever is left for like 1k or so.

Parrot356 05-10-2014 06:01 AM

Not sure how it works in S Carolina, but don't forget to ask to be compensated for what it will cost for taxes and registration on the new car. Both are part of the buying process and need to be compensated for not just what you can find cars selling for in ads.


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