85 year old man crashed into my new car yesterday (pics)

[intogamer]

Originally posted by: Quasmo
I got sued for $10,000 for rear-ending a lady.

:laugh: MAN that sucks.

 

Originally posted by: jvarszegi

Originally posted by: jumpr

Originally posted by: jvarszegi
Exactly. It's all about the responsibility. If the man can't drive, he's putting everyone's life in danger by driving, and he should know better. What if he was an old drunk man? Age and drunkenness similarly impair driving ability-- impaired vision, slowed reaction time, etc.

If he were drunk, then Lucky could easily prove malice/intent to harm. But just being old is no reason to claim undue suffering.

Malice isn't important in a drunk-driving case. I think you're slightly confused there. Negligence is all that's necessary-- and it's treated sort of like a tort, you basically don't have to prove anything beyond documentation of a fact. If the driver blows hot, he's automatically assumed to've been negligent.

I'm no legal expert either, but I'm pretty sure that if you do some research you'll find out that I'm speaking the truth. The old man doesn't have to have been intending to harm anyone; road rage cases are very rare.

Oops, you're right. I should have typed negligence instead of malice. But yeah, in a DD case it's easy to get punitive damages since the person clearly made a negligent choice. But it's tough to prove negligence when the guy's only fault is that he's old.

 

[Lucky]

"So, in his case, he'll probably be approached by the gent's ins. co. with a similar offer.....actually both he and his GF will both be approached since both were involved."


Hopefully. We both have same agency so I'm not sure whether they will work in collusion or not.

 

[episodic]

Why should a person not be compensated for the stress, trauma, and emotional aspect of a wreck, especially when not at fault. For one I barely subsist, and if someone was to wreck my car, I'd have a terrible time bordering on loosing my home. That is psychological stress caused by someone else. I would want to be compensated for lost work time and for pain and suffering, especially if I was sore/and or hurt for weeks or months later. It does not have to be a limb either. Heck if the wreck makes me have a stiff neck for a year, I should be compensated for that. If I get a weird stitch in my side from now on when I bend a certain way, I should be compensated.

My wife fell off of a two foot ladder and still has pain from 3 years ago, you can't tell me a car impact would not screw you up permanently if hit just right. It may not be nuff to show up on a dadgum xray machine, but you know you are never 'whole' again. Some ppl get lucky and completly recover, others have to live with their permanent new ailment that the doctors won't even acknowledge cause they can't see it with some x-ray.

An 85 year old probably has the reaction time of a 20 year old with a 6 pack in him. He is 'old enough' to know better than to drive if he is slower. Imagine if he done that on the freeway at 70 mph with a bus full of kids.

 

[jvarszegi]

Originally posted by: otispunkmeyer

Originally posted by: meltdown75
Sorry you got in an addicent man, that blows.

This pic makes me the saddest of all though: Text

I know, I know... bleeding hearts unite. Good luck with this situation, I hope it doesn't drag on too long.

exactly, you wil be the biggest TW@T in the world to sue an old man, who probably fought for your freedom anyway, becuase u have a little neck ache

Obfuscation and misdirection. The old man's service (or lack of) has nothing to do with his negligent driving habits. Maybe he was a conscientious objector, or a Nazi. WTF does that have to do with anything?

Do you remember that news item a year or so ago where the old man killed 14 people by plowing into a crowd? These types of things happen with alarming frequency. Me, I believe that no one is really engineered to drive; we're engineered for activities like chasing antelopes across grassy areas, throwing spears, etc. However, we're stuck with the rapid advance of technology, and our legal system is just too slow to catch up. Old people shouldn't drive.

 

[Lucky]

"But it's tough to prove negligence when the guy's only fault is that he's old. "


That's his only fault? What about ramming on the gas pedal instead of the brake into oncoming traffic, then blaming the accident on phantom ice that supposedly covered the whole length of the car wash's parking lot? The officer disagreed with his explanation of how it happened and even had me document that the path of his car did not have ice the whole way and that he should have been able to stop.

 

[Iron Woode]

Originally posted by: jvarszegi

Originally posted by: jumpr

Originally posted by: jvarszegi
Exactly. It's all about the responsibility. If the man can't drive, he's putting everyone's life in danger by driving, and he should know better. What if he was an old drunk man? Age and drunkenness similarly impair driving ability-- impaired vision, slowed reaction time, etc.

If he were drunk, then Lucky could easily prove malice/intent to harm. But just being old is no reason to claim undue suffering.

Malice isn't important in a drunk-driving case. I think you're slightly confused there. Negligence is all that's necessary-- and it's treated sort of like a tort, you basically don't have to prove anything beyond documentation of a fact. If the driver blows hot, he's automatically assumed to've been negligent.

I'm no legal expert either, but I'm pretty sure that if you do some research you'll find out that I'm speaking the truth. The old man doesn't have to have been intending to harm anyone; road rage cases are very rare.

You are correct.

The one drunk that hit me was hauled off in handcuffs at the scene for being abusive to the police. He was tested for impairment and was subsequently charged. I didn't have to prove anything as being impaired is illegal. He is automatically guilty. He was driving someone else's car, had a suspended drivers license, no insurrance and drunk.

 

Originally posted by: Lucky
"But it's tough to prove negligence when the guy's only fault is that he's old. "


That's his only fault? What about ramming on the gas pedal instead of the brake into oncoming traffic, then blaming the accident on phantom ice that supposedly covered the whole length of the car wash's parking lot? The officer disagreed with his explanation of how it happened and even had me document that the path of his car did not have ice the whole way and that he should have been able to stop.

He was ticketed for his fault in the accident. And he'll be punished by his insurance premiums, which will likely go up substantially, or he'll be dropped from his policy. The crux of my argument is this: you're not suffering undue harm from this accident other than what you'll be compensated for. Why sue for pain and suffering that isn't there? Your pain is covered. Your suffering is nonexistent.

I was in a car accident (not my fault, but my car was totalled) last year during finals week at college. I need my car to get to class. I had to take an hour-and-a-half long bus ride to get to campus each day for finals, and all the hair was burned (literally, burned) off my arm from the airbags, and I had wrist pain requiring a brace.

Did I ask for punitive damages? No, because I can deal with inconvenience without being a dick and suing someone who made a mistake. I sure as hell wouldn't want someone to target me for some easy cash in that situation...why do you have to act like you're entitled to EXTRA money because some old guy made a mistake?

 

[jvarszegi]

Originally posted by: jumpr
...it's tough to prove negligence when the guy's only fault is that he's old.

Believe me, I feel for the old man. He may be all alone, be living on a tiny pension, etc. Also, he did meet our society's requirements for being on the road, if his papers are in order! There's the big problem, I think; I'd have seniors retest every year to keep driving. Regardless of all that, though, in this case he was at fault; in the moment he chose to come barrelling out of an exit at 20 MPH (if that is what he did) he was negligent, because he didn't follow the rules of the road. If it was just a timing thing, and he misjudged a distance, it gets a lot tougher for me to feel that he was really driving recklessly for his meager abilities...

It's an unfortunate situation all around.

 

[otispunkmeyer]

Originally posted by: jvarszegi

Originally posted by: otispunkmeyer

Originally posted by: meltdown75
Sorry you got in an addicent man, that blows.

This pic makes me the saddest of all though: Text

I know, I know... bleeding hearts unite. Good luck with this situation, I hope it doesn't drag on too long.

exactly, you wil be the biggest TW@T in the world to sue an old man, who probably fought for your freedom anyway, becuase u have a little neck ache

Obfuscation and misdirection. The old man's service (or lack of) has nothing to do with his negligent driving habits. Maybe he was a conscientious objector, or a Nazi. WTF does that have to do with anything?

Do you remember that news item a year or so ago where the old man killed 14 people by plowing into a crowd? These types of things happen with alarming frequency. Me, I believe that no one is really engineered to drive; we're engineered for activities like chasing antelopes across grassy areas, throwing spears, etc. However, we're stuck with the rapid advance of technology, and our legal system is just too slow to catch up. Old people shouldn't drive.

i know thats got nout to do with the accident, im just saying, id be giving that man some respect rather than slapping a bit "YOU OWE ME MONEY" demand on his table. people have accidents, get over it. bunch of pussy's

 

[MercenaryForHire]

:beer:

Don't mind me, I'm just here for the Drama.

- M4H

 

[Vic]

Looking at the pictures, I have to say you're pretty pathetic. Repeat after me, "Fender bender". Sorry, but I've walked away without a scratch or bruise from accidents 10x worse than that one. I doubt that the impact speed was more than 10mph.

You will get your rental car paid for, your car fixed, your medical bills paid, and be compensated for time lost from work. You're entitled to all that. Punitive for pain and suffering? I doubt you deserve it. But hey, go ahead and push for it, as I know it will simply make the entire settlement process drag on for months and months before you see a thin dime (even those dimes you actually deserve).

edit: Oh yeah, if you wish to file a complaint with the DMV that the elderly man is no longer able to safely drive and that he should surrender his license, please do so. However, if you wish to sue him for being too old, keep in mind that age is a protected class in America.

 

Originally posted by: Vic
Looking at the pictures, I have to say you're pretty pathetic. Repeat after me, "Fender bender". Sorry, but I've walked away without a scratch or bruise from accidents 10x worse than that one. I doubt that the impact speed was more than 10mph.

You will get your rental car paid for, your car fixed, your medical bills paid, and be compensated for time lost from work. You're entitled to all that. Punitive for pain and suffering? I doubt you deserve it. But hey, go ahead and push for it, as I know it will simply make the entire settlement process drag on for months and months before you see a thin dime (even those dimes you actually deserve).

:thumbsup:

Vic summed nicely what I'm trying to say. Go for it if you want, but it probably won't be worth it in the end, and you'll be pushing insurance rates up for everyone, including yourself, especially since you and the old guy share the same insurance company.

 

[meltdown75]

Originally posted by: jvarszegi

Originally posted by: otispunkmeyer

Originally posted by: meltdown75
Sorry you got in an addicent man, that blows.

This pic makes me the saddest of all though: Text

I know, I know... bleeding hearts unite. Good luck with this situation, I hope it doesn't drag on too long.

exactly, you wil be the biggest TW@T in the world to sue an old man, who probably fought for your freedom anyway, becuase u have a little neck ache

Obfuscation and misdirection. The old man's service (or lack of) has nothing to do with his negligent driving habits. Maybe he was a conscientious objector, or a Nazi. WTF does that have to do with anything?

Do you remember that news item a year or so ago where the old man killed 14 people by plowing into a crowd? These types of things happen with alarming frequency. Me, I believe that no one is really engineered to drive; we're engineered for activities like chasing antelopes across grassy areas, throwing spears, etc. However, we're stuck with the rapid advance of technology, and our legal system is just too slow to catch up. Old people shouldn't drive.

You know what, it's true. Some old people still drive that should stay the fvck away from anything that has one or more of the following: steering wheel, acceleration. I agree. But the reality is that they need to get around just like us. Believe it or not, some seniors still have enough pride in them as to feel guilty when they have to continually ask for rides from loved ones and the like. It appears that this old guy just wanted a clean car and I am hoping he is the exception to the rule - I would hope if they are out driving around, that they are doing it for something worthwhile ie. picking up meds, not out cropdusting and trolling for skank. My grandfather failed his driving test recently and can no longer drive. I can attest that it has basically added to his stress, with my grandmother having Alzhemier's. I would love nothing more than for him to still be able to take the 10-minute drive up to the drugstore to pick up her medication once a week, but he can't. So I do have a soft spot, I admit it.

 

[Lucky]

"The crux of my argument is this: you're not suffering undue harm from this accident other than what you'll be compensated for. Why sue for pain and suffering that isn't there? Your pain is covered. Your suffering is nonexistent. "


No, my medical treatments are covered. The pain (and certainly suffering as well) has NOT been covered.

 

[cressida]

Hey Lucky,

I was in a similar accident about two years back and some guy was pulling out like your picture. Anyways the car was declared total so a law in Texas states that if the car is totaled then the other parties insurance does not have to pay for rental (because you are getting a new car). We ended up getting a lawyer because the guy we t-boned, his insurance said that it was our fault because we were speeding. We weren't speeding and ended up winning the case.

Just get a lawyer and go to the chiropractor. More info plz PM

 

[otispunkmeyer]

in britain its so simple, you crash, you get insurance details and then you file the claim to each insurance company, the police dont even need to be involved unless its a big crash. call a tow truck if needs be and then your off home or for a check up, and you just rest at home with a warm drink savouring the time off work (sick pay) then a week later your all better, less stressed you got your car back and everythings normal again.....what is so hard bout that?

 

Originally posted by: Lucky
"The crux of my argument is this: you're not suffering undue harm from this accident other than what you'll be compensated for. Why sue for pain and suffering that isn't there? Your pain is covered. Your suffering is nonexistent. "


No, my medical treatments are covered. The pain (and certainly suffering as well) has NOT been covered.

I'm sorry, but I call that "greed." Life is hard. Things don't always go your way. Money can't buy freedom from pain.

Get over it.

 

[Colt45]

That will buff right out.

 

[toekramp]

the majority of the people in this forum are self-righteous assholes, if the old man can't drive why the fvck wouldn't you sue him. it's his responsibility, you all get nailed by a guy, have back and neck pain (and you don't know if they are chronic or not) and then come back in here. morons

 

[Zebo]

What a pussy. I don't even so how you could be hurt with that insignifigant damage. Unless there's bones sticking out I fail to see how you deserve any pain and suffering.

And yes I;ve been in lots of accidents. even rolled about 20X with my 4x4's over the years.

 

[DainBramaged]

Originally posted by: z0mb13

Originally posted by: otispunkmeyer

Originally posted by: Lucky
So I was taking my GF to work in my 6 mo. old scion tc yesterday. Came to a 4 way stop, turned, and started accelerating when this car came out of a car wash exit at about 20-25 mph and hit me. Didn't have a chance to avoid it.

You can see here and here how the accident happened, and pictures of the two cars here that show the damage.

Shortly after the accident both my GF and me started to have severe back and neck pain. We went to the hospital for about 5 hours and came home with pain medication and muscle relaxers, and told to take a few days off work.

Now it's my understanding that my medical bills, the prescription copays, lost wages, and my car deductible will be covered by his insurance. But I'm being told my rental car is not covered by my insurance (didn't have the extra coverage) or his. And my insurance is telling me also that he's not responsible for that even if I took him to small claims court.

In addition to my rental car being covered, I would like a reasonable amount for both my girlfriend and I for pain and suffering. It's not a major case so it's not worth taking on an attorney yet (I don't think), but I would like a reasonable amount. Anyone have advice on how to proceed with this and why his insurance would not cover my rental car?

i cant believe u are going to get compensation of the old man? thats how i take it (please correct me) i think this compensation thing is outta control..."oh noes!!11!1!!!1oneone! i tripped on my doorstep im gunna sue the git that built the house!" its pathetic

i wouldnt dare sue an old man, id forgive him, hes old and his reactions and control arent wat they were. yeah id want the insurance to cover repairs but i wouldnt seek further money by askin for compensation

my friend go rear ended once very badly, he was stopped at some light and a woman just sailed right into the back of him, had whiplash for weeks and missed alot of trainin, and aggrevated an old shoulder injury. womans insurance payed for a new car for them and that was that everything sorted, they just got on with their lives after that. didnt feel the need to sue or get compensation.

but we're british, guess we have a different mentality to you yanks. british > americans

but but you have bad teeth!

AHAHAHHAHAHAHAHAHAHAH....BEST RESPONSE EVER!!!!

 

[meltdown75]

Originally posted by: toekramp
the majority of the people in this forum are self-righteous assholes, if the old man can't drive why the fvck wouldn't you sue him. it's his responsibility, you all get nailed by a guy, have back and neck pain (and you don't know if they are chronic or not) and then come back in here. morons

change handle to threadcrap, stat.

 

[Lucky]

Originally posted by: Vic
Looking at the pictures, I have to say you're pretty pathetic. Repeat after me, "Fender bender". Sorry, but I've walked away without a scratch or bruise from accidents 10x worse than that one. I doubt that the impact speed was more than 10mph.

You will get your rental car paid for, your car fixed, your medical bills paid, and be compensated for time lost from work. You're entitled to all that. Punitive for pain and suffering? I doubt you deserve it. But hey, go ahead and push for it, as I know it will simply make the entire settlement process drag on for months and months before you see a thin dime (even those dimes you actually deserve).

edit: Oh yeah, if you wish to file a complaint with the DMV that the elderly man is no longer able to safely drive and that he should surrender his license, please do so. However, if you wish to sue him for being too old, keep in mind that age is a protected class in America.

I'm glad you were able to walk away from an accident 10x as worse with no pain. Good for you. Not all accidents are the same though. But hey, I'm glad you are able to determine from afar how I don't "deserve" it.

My rental car will NOT be paid for, however, according to what I'm being told.

I don't really care how old he is, whatever actions I take against him would be the same if he was 25 or 85.

 

[Zebo]

Originally posted by: Vic
Looking at the pictures, I have to say you're pretty pathetic. Repeat after me, "Fender bender". Sorry, but I've walked away without a scratch or bruise from accidents 10x worse than that one. I doubt that the impact speed was more than 10mph.

You will get your rental car paid for, your car fixed, your medical bills paid, and be compensated for time lost from work. You're entitled to all that. Punitive for pain and suffering? I doubt you deserve it. But hey, go ahead and push for it, as I know it will simply make the entire settlement process drag on for months and months before you see a thin dime (even those dimes you actually deserve).

edit: Oh yeah, if you wish to file a complaint with the DMV that the elderly man is no longer able to safely drive and that he should surrender his license, please do so. However, if you wish to sue him for being too old, keep in mind that age is a protected class in America.

better stay away from lucky in the supermarket. You accidently bump him with your cart you might loose your house.