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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. |
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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 ;) |
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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) |
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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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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feel ya from the other side of that globe |
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Did you take pictures of the Bronco right after the accident? That would be helpful.
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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.
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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!
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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. |
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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.
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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. |
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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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?
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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? |
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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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. |
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Too bad you don't have Geico. This one is so obvious, even the caveman could see it.
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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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http://986forum.com/forums/boxster-parts-sale-wanted/52070-totaled-boxster-parted-out.html
just linking these two threads togeather. |
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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 |
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). |
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.
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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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