Gettin Maddddd - Small Accident

[Blieb]

Update 5/17/2012 ... post #52

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Original Post 6/09/2010:


Cliffs:
- Friday night my wife is driving our 3 week old truck.

- Some jackass is parked on the side of the road, tire on the line of the lane, 3 foot tow mirror sticking out in the lane. It was way out there, this all black tow mirror.

- She clipped his mirror and it did some damage to both trucks.

- I can't get the guy's insurance info.

I'm just in awe that someone can not provide that information and there's nothing I can do about it? I have 2 calls in to the responding officer ... taking his sweet ass time getting back with either one of us.

--- elaboration / ramble ---

I called the police. They write up a report and take pics, said it's the other guy's fault. No ticket issued. The other guy's insurance info is not on file. I was hoping to just call them and get it covered since it's his fault.

I track down where he works and call and speak with the guy. He was nice and calm, but said he was busy and couldn't exchange the info at that time. Said he'd call me back. He didn't, so I called again the next day and he said he isn't giving me that information until he speaks with the police.

SERIOUSLY?! I thought you HAD to trade insurance information!?!?!?!? WHAT THE FUCK!? We "had an accident" and are supposed to "exchange information" ...

Guy said he wants to speak to the police to find out "what the hell happened". I said ... I can clear that up for you, my wife hit your truck. I think he either doesn't have insurance (most likely) or thinks I'm going to make a claim (I am) ... I initiated a claim with our insurance last night in the hopes that they can obtain the information.

Of course one time with State Farm I had a similar issue where someone hit me and it was minor damage. State Farm said it wasn't enough $$$ to go after the other person. So I had to take care of it (and I did). Now we have USAA.

I already ordered the replacement mirror, it's not a lot of money ... I can't drive the truck without it (can't see shit) ... at this point I'm just furious that this prick can get away with not providing the information. BE A MAN. If you fuck up, take responsibility and own up to it.

 

[Blieb]

Oh ... and the reason she was driving the brand-spankin'-new-truck is because her car has been in the shop for the better part of 2 weeks for AC repair.

A couple days later she notices a scratch on the other side of the truck ... it's maybe a 2-3" paint mark and small ding to go with it.

I need her car back so mine can stop being obliterated.

 

[TheVrolok]

If some random guy called me at work telling me he (or his wife) hit my truck and wanted my insurance information, I'd wait to see what the police report says, too. I'm actually somewhat surprised it was his fault seeing as your wife hit him, but I can understand it.

 

[Lithium381]

wait, you wife is a woman and you put her in your truck!??!!?
Though if someone just called me and asked for my insurance info, and i wasn't there, i wouldn't give it out either. Just show the guy a copy of the police report and he'll give you the info....

 

[Blieb]

Say your mirror gets smashed, someone calls and says "Hi, I smashed your mirror" ... I got your name from the police ... and you don't believe which part?

The police left him a card, note, and I believe a copy of the report. I mean, what you all are saying makes sense if he didn't get all the information (if it got wet or whatever).

I'm just frustrated ...

 

[TheVrolok]

Say your mirror gets smashed, someone calls and says "Hi, I smashed your mirror" ... I got your name from the police ... and you don't believe which part?

The police left him a card, note, and I believe a copy of the report. I mean, what you all are saying makes sense if he didn't get all the information (if it got wet or whatever).

I'm just frustrated ...

Well if he has all the information already, then yeah, I don't see why he wouldn't.

 

[Blieb]

TheVrolok - If a car is hanging out 3 ft in the middle of the traffic lane and you clip it. It ain't your fault. Dark mirror, 3 ft in middle of lane, boxed in by a tow truck with moving traffic. Not her fault at all. Had the other vehicle been properly parked, everything would have been fine.

Lithium381 - Usually when I put her in the truck she sits bitch!

 

[dman]

My opinion (only) I'm leaning on it being your dime to replace. I see your point, not sure how the law is written, but hitting a (badly) parked car seems like the driver wasn't using the appropriate amount of caution. Either way good luck.

 

[TheVrolok]

TheVrolok - If a car is hanging out 3 ft in the middle of the traffic lane and you clip it. It ain't your fault. Dark mirror, 3 ft in middle of lane, boxed in by a tow truck with moving traffic. Not her fault at all. Had the other vehicle been properly parked, everything would have been fine.

I know in many places it is the responsibility of the operator to always be in control of the vehicle and avoid hazards in the roadway. I'm not saying I disagree with the blame, but I could understand it going either way.

 

[BabaBooey]

Um.....it is your wifes fault,not the parked truck....if she cannot drive without hitting parked cars it may be a bad idea to give her a truck but you already found this out the hard way....class dismissed,lesson learned ,no ?

Now go pay the guy for his mirror and stop whining.

 

[MotF Bane]

Sounds like your wife can't drive, but that shouldn't surprise you.

 

[Insomniator]

Sounds like the wife's fault to me

 

[Cal166]

There are a lot of bad drivers out there and I don't know how people can pass their driving test without knowing how to properly parallel park. That said, it is the driver's fault for hitting the other car and the parked car should have gotten a ticket for improperly parking this car but that was not that case since he police officer did not give him a ticket.

 

[Beev]

wait, your wife is a woman[...]

This made me lol

 

[SpatiallyAware]

This is your wife's fault 110%.


She hit a parked car, it really doesn't matter (much) that his mirror was sticking out. There's no way his insurance is just going to pay out on it, you'll have to take him (them) to court, with pics, and hope the judge decides in your favor (unlikely).

 

[SpatiallyAware]

TheVrolok - If a car is hanging out 3 ft in the middle of the traffic lane and you clip it. It ain't your fault. Dark mirror, 3 ft in middle of lane, boxed in by a tow truck with moving traffic. Not her fault at all. Had the other vehicle been properly parked, everything would have been fine.

Lithium381 - Usually when I put her in the truck she sits bitch!

Wrong. If a car is just sitting in the road and you hit it you will be ticketed at fault for the accident. Improperly parked or not, you should give yourself enough visual distance to stop before hitting something in the road (sometimes impossible, but this is how the law is generally written)





I'm surprised the other guy isn't chasing YOU for having HIS truck fixed, that's what I'd be doing.

 

[CPA]

Oh ... and the reason she was driving the brand-spankin'-new-truck is because her car has been in the shop for the better part of 2 weeks for AC repair.

A couple days later she notices a scratch on the other side of the truck ... it's maybe a 2-3" paint mark and small ding to go with it.

I need her car back so mine can stop being obliterated.

Dude, we must have the same wife.

 

[CPA]

Um.....it is your wifes fault,not the parked truck....if she cannot drive without hitting parked cars it may be a bad idea to give her a truck but you already found this out the hard way....class dismissed,lesson learned ,no ?

Now go pay the guy for his mirror and stop whining.

If he was parked outside the line that's not true. How do i know? My wife allowed a friend of hers to drive our truck. She parked it and had the butt end sticking out in a lane. Someone nailed it going about 50. We had to pay for everything.

 

[CPA]

Wrong. If a car is just sitting in the road and you hit it you will be ticketed at fault for the accident. Improperly parked or not, you should give yourself enough visual distance to stop before hitting something in the road (sometimes impossible, but this is how the law is generally written)





I'm surprised the other guy isn't chasing YOU for having HIS truck fixed, that's what I'd be doing.

Wrong, see my note above.

 

[SearchMaster]

If he was parked outside the line that's not true. How do i know? My wife allowed a friend of hers to drive our truck. She parked it and had the butt end sticking out in a lane. Someone nailed it going about 50. We had to pay for everything.

Interesting...a friend of mine is an attorney, and he represented a lady who hit a truck that was 5 on the shoulder sticking 5 feet into the lane, around a blind corner. His client lost the suit.

Funny side note: the owners of the truck sticking into the lane were a couple in their 80s. They received compensation for loss of consortium.

 

[SpatiallyAware]

Wrong, see my note above.

This must vary state to state. I know, for a fact, that if you are in a moving vehicle and hit a non moving vehicle then the moving vehicle is at fault (in my state). This applies to illegally parked cars (cars broken down in roadway, etc)



My bet is that your "friend" somehow admitted fault. That's about the only way I can imagine you were pinned with being fully responsible.

Edit:

CPA - google "illegally parked car who is at fault" and take a look at the first 1000 or so links..

 

[MJinZ]

Most State Laws will assign a greater % of fault on the person who hits a stationary vehicle.

It. does. not. matter. even. if. the. parked. truck. is. sitting. across. 4. lanes. of. traffic.

^ Though in this case, that truck would likely be criminally charged for endangerment.

 

[SP33Demon]

Bug the police to get the info if it's not in the report already. Also, why didn't your wife try to get his info BEFORE calling the police and filing a report? Many peeps are willing to pay for it without involving the police so it doesn't have to go to insurance. Especially if the guy believed it was his fault (even if it wasn't).

 

[Genx87]

I'd think it depends on other circumstances. Having a 3 foot black mirror sticking out into the lane when you are already over the line certainly makes you negligent. How is it the fault of a passing driver if your 3 foot mirror which is black as the night is hit by a passing vehicle at night? 3 feet is pretty liberal room for most drivers trying to avoid an illegally parked car.

edit: You have his license plate# correct? Cant you file for that information with the DMV? The insurance information should be in his records I would think?

 

[MJinZ]

I'd think it depends on other circumstances. Having a 3 foot black mirror sticking out into the lane when you are already over the line certainly makes you negligent. How is it the fault of a passing driver if your 3 foot mirror which is black as the night is hit by a passing vehicle at night? 3 feet is pretty liberal room for most drivers trying to avoid an illegally parked car.

edit: You have his license plate# correct? Cant you file for that information with the DMV? The insurance information should be in his records I would think?

3 Foot? Unlikely, more like 1 foot max.