I read that wrong. Thought the OP said it was a 3 foot mirror. Either way even at a foot if you are illegally parked over the line you are eating up a good % of a lane.
I read that wrong. Thought the OP said it was a 3 foot mirror. Either way even at a foot if you are illegally parked over the line you are eating up a good % of a lane.
The laws pertaining to the OP's situation vary from state to state. In NJ, a lot of stuff like this is considered "no fault".
I don't know of any state that requires the parties involved to personally exchange insurance information. Generally speaking, the police would prefer that the involved parties not interact at all, as temper can flare and conflict ensue.
I don't know of any state that requires the parties involved to personally exchange insurance information. Generally speaking, the police would prefer that the involved parties not interact at all, as temper can flare and conflict ensue.
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
- 3
- 0
I'm betting it was something like this:
http://www.rvaccessories.com.au/images/DrivingYourRV/F250Mirror.jpg
The fact that the cop didn't issue a ticket means they didn't find the other driver at fault (understandably so)
And not to be a jerk or anything, but we're going off of what the OP's wife told the OP.... Perhaps not the best source of info..
MJinZ
Diamond Member
- Nov 4, 2009
- 8,192
- 0
- 0
No, OP said 3 foot mirror, I just find that hard to believe. That's nearly how tall some people are heh
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
- 3
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Well, what he said is what his wife told him.. You have to sorta decipher these things, lol
...FWIW OP, I think people who park their large vehicles illegally (or improperly) deserve to be towed. However, I also think people that hit non moving objects should have their licenses revoked. I'd be curious what would happen if the person your wife hit made an insurance claim against you. Since he didn't get a ticket for his parking I bet he'd be able to get his truck fixed.
Keep us updated!
LTC8K6
Lifer
- Mar 10, 2004
- 28,520
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The police don't even show up for a lot of traffic accidents...
You have to handle the exchange yourselves.
CPA
Elite Member
- Nov 19, 2001
- 30,322
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This was in Texas and yes she admitted that the end of the vehicle was in the lane, but she didn't necessarily need to admit it as the police already assessed that she was. And actually we ended up being 90 percent at fault, not fully. Believe me I argued for months but it was for naught.
- Jan 2, 2001
- 25,328
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Except the OP posted that the cops said it was the other driver's fault. Hopefully the cops put it in the report.
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
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Right, except there wasn't a ticket issued. This means he's going to have an extremely hard time (or actually, his insurance company will have a hard time) getting their insurance company to pay out.
From an ethical standpoint, yes, I agree that the idiot with his mirror sticking out is at least partially to blame.
However, they way our legal/insurance system *tends* to work will put 100% fault on the moving vehicle.
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
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Again, this is what the wife told the OP, who is now telling us.
From his post the guy was 'parked on the line'. I really doubt that a LEO came out and took detailed pics over this - and flat out do not believe that he specifically told the OP's wife that it was the fault of the parked car.
Even getting past that, since no ticket was issued it doesn't matter (much) what the police report said, this other person's insurance company is not going to just flat out pay his claim. They're going to deny it, then he's going to have to pay his deductible, then his insurance company is probably not even going to chase it (knowing they'll lose) and instead will just jack up his rates.
It's not how things *should* work, but it's how it will probably happen.
LTC8K6
Lifer
- Mar 10, 2004
- 28,520
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With all of my insurance claims, the insurance company wanted to see the police report to learn what it said regarding fault and what actually happened. Can't recall any interest in tickets at all, or who got them.
In fact, one time my brother's car was parked at his work and it was struck by a motorist who had a diabetic blackout. The guy plowed through an intersection and struck several cars in the lot in a Buick Century. The police officer made out the report incorrectly, stating that my brother was at fault. Well, my brother was inside working at the time of the crash. No ticket was issued since the guy who hit his car had a medical problem.
The state of NC promptly put 2 points on my brother's driving record for being at fault.
My brother had no idea until later when Hartford raised his rates for being at fault in an accident.
What a battle that was to get straightened out.
Everything was based on the police report. On which, the officer had simply gotten his drawing and vehicle numbers mixed up...
In fact, one time my brother's car was parked at his work and it was struck by a motorist who had a diabetic blackout. The guy plowed through an intersection and struck several cars in the lot in a Buick Century. The police officer made out the report incorrectly, stating that my brother was at fault. Well, my brother was inside working at the time of the crash. No ticket was issued since the guy who hit his car had a medical problem.
The state of NC promptly put 2 points on my brother's driving record for being at fault.
My brother had no idea until later when Hartford raised his rates for being at fault in an accident.
What a battle that was to get straightened out.
Everything was based on the police report. On which, the officer had simply gotten his drawing and vehicle numbers mixed up...
Pretty sure you have an obligation to flag anything that sticks out of the car and is not standard equipment. There may be a distance requirement, but I think that it depends on your legal juristiction.
For example, wood sticking out of the back of a car, stationary or otherwise must be flagged. The driver of the car obviously, has some fault... but I'd still put the majority of fault on the stationary vehicle.
You can have towing mirrors that go out 2-3 feet easily. It all depends on the width of the tow vehicle, the width of the trailer and its length.
For example
http://www.safetowingstore.com/v/vspfiles/templates/56/images/mckesh3.jpg
For example, wood sticking out of the back of a car, stationary or otherwise must be flagged. The driver of the car obviously, has some fault... but I'd still put the majority of fault on the stationary vehicle.
You can have towing mirrors that go out 2-3 feet easily. It all depends on the width of the tow vehicle, the width of the trailer and its length.
For example
http://www.safetowingstore.com/v/vspfiles/templates/56/images/mckesh3.jpg
PlasmaBomb
Lifer
- Nov 19, 2004
- 11,636
- 2
- 81
He did.
I don't know if the tire being on the line means he was legally parked or not.
Can't say I have ever seen a 3 foot towing mirror. The biggest I can find is this
Which looks like it would just pivot if hit, preventing it from doing any real damage...
OP post pics of you truck NAO!
PlasmaBomb
Lifer
- Nov 19, 2004
- 11,636
- 2
- 81
Small update.
I called the other owner again and he was more of a dick this time. So I called our insurance provider and started a claim. They told me usually in this case it is the moving vehicle's fault (us). They warned that if I pursue, they would likely find it is my wife's fault. I left the claim as inactive.
We got the police report yesterday. Of course the friggin' pictures are in an accident investigation file, so I have to go back for those. I'm going to call our insurance back and see what they say. In any event I should have the replacement mirror Tuesday.
We are V2. The following report details are pretty damn clear for the non-believers:
I can't find exact dimensions for the whole thing, but I stand by the fact that it was 3 feet out in the lane. The mirror itself is 9" wide, and since the tire was on the line, part of the body was in the lane also.
Link to picture: http://bit.ly/ci8Czx
SP33Demon -
Since the other truck was parked, we had no way to get in touch with the owner. So the police were called to the scene of the accident.
GenX -
That's the problem, his insurance information is not on file with the DMV. So the police couldn't give it to us.
SpatiallyAware -
Since I was just a few minutes behind her, aside from the actual collision, I saw everything and was at the scene. I understand you were more targeting other posters -- but you have no idea what you're talking about. The police didn't actually tell my wife much, HE TOLD ME.
allisolm -
Yes! We got the report and it's in there.
I called the other owner again and he was more of a dick this time. So I called our insurance provider and started a claim. They told me usually in this case it is the moving vehicle's fault (us). They warned that if I pursue, they would likely find it is my wife's fault. I left the claim as inactive.
We got the police report yesterday. Of course the friggin' pictures are in an accident investigation file, so I have to go back for those. I'm going to call our insurance back and see what they say. In any event I should have the replacement mirror Tuesday.
We are V2. The following report details are pretty damn clear for the non-believers:
I can't find exact dimensions for the whole thing, but I stand by the fact that it was 3 feet out in the lane. The mirror itself is 9" wide, and since the tire was on the line, part of the body was in the lane also.
Link to picture: http://bit.ly/ci8Czx
SP33Demon -
Since the other truck was parked, we had no way to get in touch with the owner. So the police were called to the scene of the accident.
GenX -
That's the problem, his insurance information is not on file with the DMV. So the police couldn't give it to us.
SpatiallyAware -
Since I was just a few minutes behind her, aside from the actual collision, I saw everything and was at the scene. I understand you were more targeting other posters -- but you have no idea what you're talking about. The police didn't actually tell my wife much, HE TOLD ME.
allisolm -
Yes! We got the report and it's in there.
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Mike Gayner
Diamond Member
- Jan 5, 2007
- 6,175
- 3
- 0
If some dumb bitch hit my mirror ON MY PARKED CAR and then told me it was my fault, I wouldn't give her shit either. Your wife needs to learn to drive without hitting parked things. TBH just be happy he's not trying to recover costs from you - replace your own damn mirror and get on with your life. Also have you wife's eyes examined by an optometrist.
MJinZ
Diamond Member
- Nov 4, 2009
- 8,192
- 0
- 0
Small update.
I called the other owner again and he was more of a dick this time. So I called our insurance provider and started a claim. They told me usually in this case it is the moving vehicle's fault (us). They warned that if I pursue, they would likely find it is my wife's fault. I left the claim as inactive.
We got the police report yesterday. Of course the friggin' pictures are in an accident investigation file, so I have to go back for those. I'm going to call our insurance back and see what they say. In any event I should have the replacement mirror Tuesday.
We are V2. The following report details are pretty damn clear for the non-believers:
I can't find exact dimensions for the whole thing, but I stand by the fact that it was 3 feet out in the lane. The mirror itself is 9" wide, and since the tire was on the line, part of the body was in the lane also.
Link to picture: http://bit.ly/ci8Czx
SP33Demon -
Since the other truck was parked, we had no way to get in touch with the owner. So the police were called to the scene of the accident.
GenX -
That's the problem, his insurance information is not on file with the DMV. So the police couldn't give it to us.
SpatiallyAware -
Since I was just a few minutes behind her, aside from the actual collision, I saw everything and was at the scene. I understand you were more targeting other posters -- but you have no idea what you're talking about. The police didn't actually tell my wife much, HE TOLD ME.
allisolm -
Yes! We got the report and it's in there.
That isn't a 3 foot long mirror. Maybe 1.5 foot at most. You and your wife both need to get your eyes checked.
Regardless, you are at fault.
From your quote of the OP, he is not stating that the mirror is 3 feet long. He stated, "...it was 3 feet out in the lane. The mirror itself is 9" wide, and since the tire was on the line, part of the body was in the lane also."
You need to get your eyes checked.
Police report does not determine liability. This is tort law. Police can write whatever they want, how they feel, the number of donuts they ate that morning, etc. It has no bearing on liability.
LTC8K6-That was the insurance company's fault. I did it once by mistake. Assigned the wrong liab %, ended up on the guy's clue and probably raised his rates. It wasn't due to the police report, it was operator error.
MJinZ-Comp neg states still assign subro based on that. Though in this case parked veh is always at 0 neg.
CPA-You didn't mention what happen just before the car came to a stop. That is why you were assessed at 90-10.
LTC8K6-That was the insurance company's fault. I did it once by mistake. Assigned the wrong liab %, ended up on the guy's clue and probably raised his rates. It wasn't due to the police report, it was operator error.
MJinZ-Comp neg states still assign subro based on that. Though in this case parked veh is always at 0 neg.
CPA-You didn't mention what happen just before the car came to a stop. That is why you were assessed at 90-10.
MJinZ
Diamond Member
- Nov 4, 2009
- 8,192
- 0
- 0
Who cares? He actually did say "3 foot tow mirror sticking out in the lane." The 3 foot describes the tow mirror if you are speaking English.
Regardless, the car could be 10 fucking feet out in the lane, and it would still be his fault for hitting it.
In the quote you cited he said, "...it was 3 feet out in the lane. The mirror itself is 9" wide, and since the tire was on the line, part of the body was in the lane also", which amends his previous statement.
Your reading comprehension failed miserably in this case, and is further compounded by your insult to the OP & his wife, when in fact you were the one who erred in reading English.
MJinZ
Diamond Member
- Nov 4, 2009
- 8,192
- 0
- 0
Well, I didn't really fail, because I didn't really read his whole spiel. I just know he linked to a picture, and his wife is a fail at driving, and he is at fault.
Edit:
Now that I went back and read his description, he has major eye-fail. The mirror is 6x9. It is 6" wide, and 9" Tall. Complete, utter failure. Using 6" as the width of the mirror, that assembly in fact is almost exactly 1.5'.
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Mike Gayner - Thanks for calling my wife a "dumb bitch". Real pro. :thumbsup: Keep hiding behind the internet.
MJinZ - you're right ... it surely is taller than wide. Must be 6" wide (glass only). It's a little tough to admit someone is right when they are being such a dick about it
MJinZ - you're right ... it surely is taller than wide. Must be 6" wide (glass only). It's a little tough to admit someone is right when they are being such a dick about it
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