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This is a discussion on So What Else is New within the General forums, part of the Caferacer.net Forums category; So I finally get into court today on an accident I was in in my Dodge Dakota on Feb.26. 85 year old guy and his ...

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  1. #1
    Senior Member o1marc's Avatar
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    So What Else is New

    So I finally get into court today on an accident I was in in my Dodge Dakota on Feb.26. 85 year old guy and his wife pull left out of the Burger King parking lot into the center turn lane with plans to merge into the eastbound lane. I approach heading eastbound and see him pull into the center turn lane as I pull alongside, as I pass him, he continues to accelerate and runs into the back of me taking out the left rear corner of the truck and buckling the left bed fender from being pushed forward from behind. Damage to his Ford Escape was scrapes from the center of the front bumper to the right side. No brainer rear end collision. Should be able to fix it and pocket a few bucks for my inconvenience. He tells cop I was in the right hand turn lane to enter the parking lot there. I contend I was going to the light and left and had the right of way as I was established in the lane. He see's it as a no brainer also and writes it up showing he pulled out of the private property as the contributing factor. I immediately file a claim with his insurance, Allstate, They politefully decline my claim saying their insured said I hit him. I said "you did read the police report showing him as the contributing factor"?. They said they had and were sanding behind their insured. So I file a small claims action against him and the Allstate attorney has it postponed every month for the last 6 months. Finally get me day in court and the Judge basically finds in the defendants favor because there is not "evidence" proving or disproving either story. Are you fucking kidding me? $2600 damage to mine and I only have liability, so it's out of empty pockets to fix it.
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    I carry a gun because I'm too young to die, too old to take an ass whooping, and a cop is too heavy.

  2. #2
    Senior Member kerosene's Avatar
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    I had similarly annoying story - insurance in the US is utter bs. Made a legal U-turn. While finishing the turn I see that a woman in a pickup truck is merging from behind a stop sign from a side road that will end up behind me (after the turn). She is only looking at teh oncoming traffic to see if there is anyoen coming. I have appeared in front of her and she bumped to my rear.
    Hit my rear, from behind a stop sign. As clear as it could be imo.
    My insurance sided with me hers with her so I was out of pocket for $1000 deductible. According to Progressive they cannot do anything when the other party (AAA) sees me at fault. Just dumbest shit ever. Pretty handy for the insurance companies.
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  3. #3
    Senior Member o1marc's Avatar
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    The Allstate attorney argued that my "estimates were irrelevant because they don't show what actually needs to be fixed". They don't, WTF?
    www.CreativeCandy.org

    I carry a gun because I'm too young to die, too old to take an ass whooping, and a cop is too heavy.

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  5. #4
    Senior Member knappyfeet's Avatar
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    Quote Originally Posted by o1marc View Post
    The Allstate attorney argued that my "estimates were irrelevant because they don't show what actually needs to be fixed". They don't, WTF?
    I'm sorry to hear about your ordeal.

    Insurance companies are definitely no ones friends except George Washingtons. I remember I had a professor in college who was also a small claims judge and one thing he told us has stuck in my mind all these years.......that he tends to side with renters vs. landlords and also seniors. I have to be honest....I always that was kinda true watching the people's court and the like. I wonder if that came into play in your case.

    To bad small claims court decisions you can't appeal........I think.

  6. #5
    Senior Member thechief86's Avatar
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    Man, sorry to hear this crock. This is why I have full coverage on all my junk, including the 66 vw and the 97 jeep. You never know what moron is about to ruin your ride.
    It ain't easy bein' fat and greasy.

  7. #6
    Senior Member Farmer_John's Avatar
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    Justice, no clear definition anymore. Is there.

  8. #7
    Senior Member TrialsRider's Avatar
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    :/ now watch them add insult to injury and up your rates just because you were in an accident.

  9. #8
    Senior Member o1marc's Avatar
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    Quote Originally Posted by TrialsRider View Post
    :/ now watch them add insult to injury and up your rates just because you were in an accident.
    The claims department wanted me to notify them as soon as the verdict came in on the court case if I lost. I asked them why because with basic liability they were not going to get involved with helping me and I see no reason to notify them of any verdict. I'm not calling them.
    www.CreativeCandy.org

    I carry a gun because I'm too young to die, too old to take an ass whooping, and a cop is too heavy.

  10. #9
    Senior Member Tonnystark's Avatar
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    here's one..I'm the lead car of 4... forty five mph, long no passing zone, I intend to make a left turn so signal my intention ahead of time..Fourth car behind , is deciding that this no passing zone would be a fine place to pass all three of us...meanwhile I quick check my mirrors, 'shows clear' and proceed to turn left.. yes, I hit that fourth car trying to pass us all in that no passing zone..brand new toyota hits my 70 torino on the left front fender and bumper, rips the whole side of her car open front to back ,spins sideways and almost rolls from the high rate of speed she was traveling.....my read is shes clearly in the wrong on all counts... Cop shows, takes the drivers statements ... the other driver is new just two weeks in, driving her grandparents car to evening classes, but running late.. She gets off, no ticket or responsibility of fixing my damage, as the cop claimed I could also be ticketed as I should have yielded to any proceeding car's actions, even if theirs are unlawful..... should have fought it, but Did not want the possible insurance claim or the ticket...
    Last edited by Tonnystark; 09-15-2015 at 10:53 PM.
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  11. #10
    jcw
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    Senior Member jcw's Avatar
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    Quote Originally Posted by Tonnystark View Post
    here's one..I'm the lead car of 4... forty five mph, long no passing zone, I intend to make a left turn so signal my intention ahead of time..Fourth car behind , is deciding that this no passing zone would be a fine place to pass all three of us...meanwhile I quick check my mirrors, 'shows clear' and proceed to turn left.. yes, I hit that fourth car trying to pass us all in that no passing zone..brand new toyota hits my 70 torino on the left front fender and bumper, rips the whole side of her car open front to back ,spins sideways and almost rolls from the high rate of speed she was traveling.....my read is shes clearly in the wrong on all counts... Cop shows, takes the drivers statements ... the other driver is new just two weeks in, driving her grandparents car to evening classes, but running late.. She gets off, no ticket or responsibility of fixing my damage, as the cop claimed I could also be ticketed as I should have yielded to any proceeding car's actions, even if theirs are unlawful..... should have fought it, but Did not want the possible insurance claim or the ticket...
    That sucks, too. Are the fuckin' cops stupid these days? You're making a legal left turn and she's making an illegal pass and she hits you. That's nuts.


    I've got one. pull into a gas station to pump gas. There's a big semi parked next to me all crooked because he can't fit. I'm standing beside my car pumping gas and the truck starts to back up and crunches my driver's side mirror. I yell for him to stop. He jumps out and offers me $50. At this point I can't even see how much my car's damaged. The truck is literally wedged against my car. I call the cops to get an incident report. Cop gets there and the truck driver lies and said I hit him. Cop refuses to make an incident report saying if he does, he's going to say I hit him.


    Another one. A fackin' limo driver decides he's gonna play rolling roadblock one day. I go to pass him and he pulls in front of me. OK, maybe he just didn't see me. He's going slower than the flow of traffic. Pull over the right, he pulls in front of me. I have NO IDEA what this guy's problem is. I'm in the car driving an old lady to the airport. I don't want an issue so I back off. About a minute later a nice gap opens up and I pull back to the left and give it some gas. I'm even with him and he's pulling into my lane and hits me. damage to both cars. I motion for him to pull over. The guy has the balls to say that he's got video on his limo. I said great, make sure you let the cops see it when they come.
    Cops come. No mention of video. Cop doesn't know who to believe, but puts down that I'm car 2 which he says implies I'm the one at fault. WTF?!?

    Same thing with the insurance company. Both sides stick with their customer. No one pays. That sucks already. Three months later the fuckin lawyers for the limo company sends a subpoena to my work suing me for damages. I notify my insurance company and you know what they do? Fuckin settle with the bastage. I would have sworn on a stack of bibles that that fucker hit me. And what ever happened to the dashcam anyway?

    Whats the difference between a lawyer and a bucket of shit?

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