Had an Altercation Today

[BIGJake111]

Originally Posted by Nine8Six

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.

[BFeller]

Originally Posted by BIGJake111

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]

Originally Posted by BFeller

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]

[shadrach74]

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?

[BruceH]

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

[BIGJake111]

Originally Posted by BruceH

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]

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 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..... 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]

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!

[Timco]

Originally Posted by BIGJake111

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!!!!

[Perfectlap]

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]

Originally Posted by Perfectlap

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]

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.

[BIGJake111]

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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[JayG]

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?

[shadrach74]

Originally Posted by JayG

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]

Originally Posted by shadrach74

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.

[BIGJake111]

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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[Timco]

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

[BIGJake111]

Originally Posted by Timco

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: