Accident Victim Need Advice

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Old Jul 22, 2003 | 11:56 PM
  #16  
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i don't know if this is true but i thought it was by law now that if you call the police about a accident they have to send out a police officer at all times.

a police report is very important - especially in this kind of case.

but since a police officer never showed up and made a report. its fair game.

your wife and co-worker are still good witnesses but i don't know how good.

i once got in a accident that was ( kinda ) my fault and the other person had two witnesses. one was her husband and one was a random driver. but i was still able to win the case, mostly due the fact that she never called the police to make a report. so i was able to get out of it.


-phillip

Last edited by Silver Mojo; Jul 23, 2003 at 09:51 AM.
Old Jul 23, 2003 | 01:26 AM
  #17  
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Originally posted by Silver Mojo
i don't know if this is true but i thought it was by law now that if you call the police about a accident they have to send out a police officer at all times.

a police report is very important - especially in this kind of case.

but since a police officer never showed up and made a report its fair game.

your wife and co-worker are still good witnesses but i don't know how good.

i once got in a accident that was ( kinda ) my fault and the other person had two witnesses. one was her husband and one was a random driver. but i was still able to win the case, mostly due the fact that she never called the police to make a report. so i was able to get out of it.


-phillip
how did u get out of it? did u simply lie?
Old Jul 23, 2003 | 06:11 AM
  #18  
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blackwagonrx, you are lucky that your co-worker witnessed the event. Hopefully, this person can be seen as an impartial witness to the event.
Old Jul 23, 2003 | 06:26 AM
  #19  
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Just hearing that it was on Private Property you could be in some trouble. I was turning into a parking lot once in my old civic and some guy turned out and hit the side of me. The accident ended up right at the entrance of the parking lot.
Cops came bla, bla and said they could not do anything, they did not even issue the old man a ticket.
Any ways my own insurance ended having to pay for all the damage. Drivers door and rear corner panel, one fresh VOLK 17" but i was able to reuse the tire.
Anyways when comes down to Private Property it gets VERY hard to get any money out of it.
My suggestion is get a good lawyer and file Suit.
Old Jul 23, 2003 | 09:49 AM
  #20  
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Originally posted by secretaznboy
how did u get out of it? did u simply lie?

i didn't lie. All I had to do was give my insurance my story and blame the other person for not being aware of his surroundings, even though I was in his lane ( big lane ) and drove around him pretty fast.

And yeah one more piece of advice “NEVER SPEAK TO THE OTHER PERSONS INSURANCE” they might try to call you to ask some questions. But remember they are not on your side.
Old Jul 23, 2003 | 11:57 AM
  #21  
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Originally posted by Silver Mojo
And yeah one more piece of advice “NEVER SPEAK TO THE OTHER PERSONS INSURANCE” they might try to call you to ask some questions. But remember they are not on your side.
This is totally true! Sounds crazy, but in my experience, the other insurance company called and tried to record what I said so they "can have a record". The other person's insurance is NOT your friend.
Old Jul 24, 2003 | 12:39 AM
  #22  
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Originally posted by Silver Mojo
i don't know if this is true but i thought it was by law now that if you call the police about a accident they have to send out a police officer at all times.

a police report is very important - especially in this kind of case.

but since a police officer never showed up and made a report. its fair game.

your wife and co-worker are still good witnesses but i don't know how good.

i once got in a accident that was ( kinda ) my fault and the other person had two witnesses. one was her husband and one was a random driver. but i was still able to win the case, mostly due the fact that she never called the police to make a report. so i was able to get out of it.


-phillip
They did send a police officer to the scene, but because the accident happened in a private property, the cop couldn't do anything.
Old Jul 24, 2003 | 12:44 AM
  #23  
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Originally posted by Subaruski42o
Just hearing that it was on Private Property you could be in some trouble. I was turning into a parking lot once in my old civic and some guy turned out and hit the side of me. The accident ended up right at the entrance of the parking lot.
Cops came bla, bla and said they could not do anything, they did not even issue the old man a ticket.
Any ways my own insurance ended having to pay for all the damage. Drivers door and rear corner panel, one fresh VOLK 17" but i was able to reuse the tire.
Anyways when comes down to Private Property it gets VERY hard to get any money out of it.
My suggestion is get a good lawyer and file Suit.
If she tries to lie and blame the accident on me i'll definitely take her to small claims court. I'm checking our security video to see if I can see anything. I'll also check with the shop next door, hopefully their security video will show me something too.
Old Jul 24, 2003 | 02:49 AM
  #24  
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Skid mark direction can be used too.
Doubt there were any though.
Old Jul 24, 2003 | 03:49 AM
  #25  
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Post

Originally posted by blackwagonrx
I have a 2 1/2 witnesses, however they're people i know.
1. My wife (inside the car w/ me)
2. My co-worker watching from inside my work
1/2. my 9 month old son. Well his testimony is not probable because his car seat was facing the back window.
It doesn't matter if they are people you know. You have witnesses, one in the car, and one outside the car.

Unless he also has some witnesses then you're golden.
Old Jul 24, 2003 | 10:25 AM
  #26  
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First I would go back to the scene and take pictures, notes and write down as much as you remember now. If you have all the details and witnesses you will stand a much better chance.

Things to take note of: distance, speed, where your co-worker was, time etc. Also look at the damage, can you tell from the angle of the damage how it could occured (this helped me once). Having your wife in the car maybe a good thing, what I mean by this is: if you guys were not in a heated discussion or paying attention to the baby etc. How could both of you guys not see a car that is in front of you? Hence the car backed out from nowhere.

Was the damage directly in the front (grill or head light area?)

And get a good lawyer. Also check into criminal charges and teach the ***** a lesson. I would think lying to the insurance co is against the law because they are putting blame and cause on you.
Old Jul 24, 2003 | 06:03 PM
  #28  
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Originally posted by babyrex
This is my specialty!! I was a liability examiner for a major insurance company for 2+ years until I left after having a baby.

1st - if you and the claimant have different stories, your insurance company will take your side. However, this doesn't mean that the other insurance company will pay for your damages.

2nd - a police report only helps if they actually took statements from both parties at the scene of the accident. If they just draw up the accident, it won't mean a thing to the insurance companies. The police weren't witnesses, so it doesn't mean anything.

3rd - if your only witnesses are those who know you, then they are biased and the insurance companies won't be interested at all in hearing their side of the story.

lastly - this will not go to court, simply because it is not worth the insurance companies time and money due to it being a small accident (to them)

How this will end up? You and the claimant will pay your own deductibles to get your own cars fixed and no one will be able to go after the other.

If this ever happens again, grab anyone you see who can be a witness since you never know when you might need them!

Sorry this had to happen to you, I will keep my fingers crossed for you that she doesn't blame you for her stupidity!!
What if it was caught on video. I'm getting a copy of our security video hopefully it'll show something.
Old Jul 24, 2003 | 06:08 PM
  #29  
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Originally posted by En3D
I would think lying to the insurance co is against the law because they are putting blame and cause on you.
Is there a specifc for someone who lies to an insurance?



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