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Discussion Starter #1
OK, so I get a call the other night from a "friend" (can't mention names because I'm pretty sure this is going directly to litigation). My friend had just been ran into and almost forced off the highway. After speaking with the police on the phone, they decided to not call the police out to the scene for a police report as a favor to the person that ran into my friend. So they exchange insurance information and go on their way. No major damage but my friend's car needs a new door, new front fender and a new mirror (at a minimum). Not going to be cheap on a 3 year old 'German luxury' car.

Now we find out that the person that hit my friend has changed his story. His insurance is not going to cover the damage because he is claiming that it was not his fault.

Here's what happened according to my friend. My friend(vehicle A) was traveling on a 2 lane highway in the left lane approaching a split as seen below in my awesome MS paint drawing:


As my friend approached the split, a car in the right lane (vehicle B) begun to move into my friend's lane:


My friend in Vehicle A could see the whole thing happen. As vehicle B moved towards my friend, my friend moved vehicle A over to the left to try and get out of the way and even applied the horn. But vehicle B continued to move into my friends lane until the two vehicles made contact.

So now we're getting it from his insurance company that he is not taking any personal responsibility for the accident. He is claiming that my friend moved into his lane. He also is claiming that he had no reason to get into the left lane because he was on his way to someplace that required him to stay in the right lane.

OK, now there's two major flaws in his story:

1) The damage to my friends car(vehicle A) is from the middle of the front door forward. The damage to his car (vehicle B) is from his door rearwards. I think its pretty obvious that my friends car (vehicle A) was in the blind spot of vehicle B.

2) After the accident and after they had exchanged information, etc... my friend witnessed vehicle B move into the left lane and go to wherever he was going. But he told his insurance company he wasn't or didn't need to get into the left lane.

This wouldn't be nearly as much of an issue if it wasn't for a $1000 deductable now in question.

OK, so I know this guy's name. And I can find out where he lives. Anybody want to come with me to have a talk with him and see if we can pursuade him into setting his story straight?
 

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I've got a 5 D-cell Maglite you can use. You know, in case it's dark when you go talk to him.
 

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I learned my lesson as a 16yr old...ALWAYS call the police and get a report filed for any accident. I was driving my step-dad's Ranger on my way to work when I was rear-ended by another young driver. I got out, looked at the rear, and didn't see any readily apparent damage. (then again, it wasn't my car and I was shook up pretty bad). I agreed with the other person that there didn't seem to be any damage and that the police were not necessary.

When I got home and told my step-dad, he went out to look...

...turns out the whole bed of the truck was skewed, the frame bent. But the bumper was in good shape! yeah, he wasn't happy about that one, and neither was I...
 

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I learned my lesson as a 16yr old...ALWAYS call the police and get a report filed for any accident. I was driving my step-dad's Ranger on my way to work when I was rear-ended by another young driver. I got out, looked at the rear, and didn't see any readily apparent damage. (then again, it wasn't my car and I was shook up pretty bad). I agreed with the other person that there didn't seem to be any damage and that the police were not necessary.

When I got home and told my step-dad, he went out to look...

...turns out the whole bed of the truck was skewed, the frame bent. But the bumper was in good shape! yeah, he wasn't happy about that one, and neither was I...
Ditto that, always get a police report. Living in SoCal it's essential, usually the only recourse you'll have is watching the uninsured, unregistered car get impounded from the illegal alien. Has happened to my company twice in tow months. In fact of the five accidents that me, my family or company have been in all were the other drivers fault and only one was the other driver not an illegal alien.

Too bad your "friend" while watching and honking didn't step on the brakes?
 

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Discussion Starter #5
Too bad your "friend" while watching and honking didn't step on the brakes?
Might have...I'm not sure.
 

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Your buddy should have known better than to trust a total stranger in a situation like that. Honestly, what did he think was going to happen?

I had to take an accident case to court several years ago. Believe me, it was not something I would want to do again. I spent weeks compiling information on what happened, and I still was assigned partial fault in the accident....and I had a police report. Your buddy will have a very hard time convincing a court of what happened when he doesn't have any evidence at all. The other guy is obviously willing to lie to protect himself, and from the sounds of things your buddy has more to lose than the person who hit him.

He may have to suck it up and do a comprehensive claim on his car to get it fixed. Chalk it up to life experience.
 

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your "Friend's" insurance company should get it fixes and persue the other insurance company for a full reimbursement.

Unfortunately, it will require out of pocket deductable, but eventual reimbursement.
 

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OK, so I know this guy's name. And I can find out where he lives. Anybody want to come with me to have a talk with him and see if we can pursuade him into setting his story straight?
I've got a 5 D-cell Maglite you can use. You know, in case it's dark when you go talk to him.
What the hell is wrong with you guys? Threats of violence to solve something like your door and fender getting bent? Will that straighten the bent metal?


If this guy is a liar and all-around [censored], he'll get his... Petty (e-)thuggery and acts of bravado and machismo are frankly pretty laughable in an online context. And outright ridiculous in real life.

And really, even if you do get help, you're gonna drop in like the A-Team at two in the morning and make threats? Good, now you face the potential of having to deal with intimidation/harassment charges. How far would it go? Would you actually dance on his dome if his story didn't change? Sweet. Now there are assault charges to add to the mix.

All of this over a busted-up car? Sorry to sound like jerk here, but your friend needs to chalk this up to a lesson learned - call the police whenever there is an accident on public streets - and move on with his life.
 

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Discussion Starter #9
I made no specific threats of violence. I may have gone over the line in saying I wanted to gather a group of people to go and talk to him.

But seriously, if he doesn't change his story, we will go have a civil talk with him. (I narrowed down his address to two locations tonight.) I find that, in this world, most people are pussies. If we were to show up and ask him, in a polite non threatening manner, why he has changed his story, I'd bet there's a good chance he might think about not lying anymore and find a way to work things out. Then again, once some people start lying its hard to stop. Especially since he already told one story to his insurance.

The only thing is, we don't get a second chance to talk to him. We can only go there once because I bet that a second visit would be considered harassment(or something else).

What has this world come to that I can't go have a conversation with somebody who has "done me wrong"? Sure, if he declines to speak with me, that's his choice and I/we will walk away. But I have every right to go and attempt to speak with him.

And no, we're not going to "chalk this up as a lesson learned". Its a matter of $1000 that my friend will have to pay out of the pocket until it can someday be reclaimed through litigation. My friend doesn't have $1000 just sitting around to waste. Do you?

Edit: I just realized one important point in my original post that was not clear. My friend did call the police. And in speaking with them, my friend was told that it was not necessary to call the police out to the scene of the accident. They were told that all that would happen is that somebody would get points on their license. They were told that if nobody was injured, and if both vehicles were safe to drive, to just exchange insurance information and be on their way. Yes, it was still a mistake in not calling them to the scene and getting an official police report. But definately not as big of a mistake as not calling them at all.
 

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I made no specific threats of violence. I may have gone over the line in saying I wanted to gather a group of people to go and talk to him.

But seriously, if he doesn't change his story, we will go have a civil talk with him. (I narrowed down his address to two locations tonight.) I find that, in this world, most people are pussies. If we were to show up and ask him, in a polite non threatening manner, why he has changed his story, I'd bet there's a good chance he might think about not lying anymore and find a way to work things out. Then again, once some people start lying its hard to stop. Especially since he already told one story to his insurance.

The only thing is, we don't get a second chance to talk to him. We can only go there once because I bet that a second visit would be considered harassment(or something else).

What has this world come to that I can't go have a conversation with somebody who has "done me wrong"? Sure, if he declines to speak with me, that's his choice and I/we will walk away. But I have every right to go and attempt to speak with him.

And no, we're not going to "chalk this up as a lesson learned". Its a matter of $1000 that my friend will have to pay out of the pocket until it can someday be reclaimed through litigation. My friend doesn't have $1000 just sitting around to waste. Do you?

Wish I was home and a bit more intimidating to help, [censored] that [censored]! I had something similair happen to me and it's down right wrong and unexcuseable no matter how you coat it
People are big fat [censored].
 

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They decide to not call the police as a favor to the person that ran into my friend so they exchange insurance information and go on their way. No major damage but my friend's car needs a new door, new front fender and a new mirror.
The ONLY way I might consider doing that is if the person handed me cash on the spot to fully cover all visible, and potential damage to my car, and only if it was truly an “accident” If the other person was driving like a dick, or just wants to “send you a check in the mail” F*** that. In almost every accident I had where another vehicle was involved it was a hit and run. Out of instinct I get the license plate of the other vehicle, call the police, and then I attempt to get the attention of the other person.
 

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Discussion Starter #12
Wish I was home and a bit more intimidating to help, [censored] that [censored]!
Just to clarify, I am in no way planning on taking a group of thugs to threaten or intimidate him. But thanks anyway.


People are big fat [censored].
That about summs it up.
 

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Going to the guy's house is not a great idea.

Recommendation is to go and get yourself a cheap disposable camera, and store it somewhere in your car (glovebox if it'll fit). This is assuming you don't have a digicam you carry with you or decent camera phone. Snap pics right away if possible, and then go ahead and move your cars if they are obstructing traffic.

Next, if there is anything more than very minor damage, you don't have to get a police report, but you should at least call your insurance company right away.

I know for my company they sent their own guy out who was there in a snap and asked questions and took photographs.

If you don't have the phone number and camera handy, everyone should go put that on their to-do list for tomorrow after work.


Sorry to hear that, but people are bastards. I assume you already told your insurance all the details. You are paying for them to protect you, so let those companies battle it out.
 

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Ohhhh yeah I didn't see this pic before I responded to your PM. If it's he said she said, he totally has the blind spot thing goin on. Like I said in my PM, if the damage on his car is consistent with him changing lanes when a car was in his blind spot, your insurance company should catch that and determine him 100% at fault.

That plus he was passing on the right but I don't think they'll be that slick.

Anyways, I'm going to bed so I only skimmed this thread but I PM'd you
 

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But I need to stress the "cooperating with your friend's insurance company" thing.

Just kinda remind them that it would be ridiculous of her to change lanes when he was in her field of vision, whereas it is really easy for him to change lanes at that point because she was in his blind spot, just simply based on the damage of the two vehicles.

Anyways, play nicely until after everything settles. Hopefully the other company will just be like "oh yeah, our guy's at fault, we'll pay for all your damages" and then your friend's company won't have to subrogate, which means your friend won't have to shell out $1,000 for a deductible. She'll get it reimbursed, but still.

I can safely say this much: If I was that guy's insurance adjuster, if the damage on the two cars is where I think it is based on the illustration, I would just put him at fault. In my PM I mentioned an insurance company will take the word of their insured over the claimant, up until there is reasonable proof- well, this is pretty reasonable proof.

Worse comes to worst, if they subrogate, she can always just let the deductible ride on a credit card for the month or two it takes them to get the money back.

Ok I'm repeating myself now, I'll check in tomorrow night again. I am getting swamped at work so have noooo time to surf FJ
 

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oh one more thing, a police report would have been useless, so don't sweat not getting one. it would just describe where the damage was on both vehicles, which is obvious, and it would list each of their versions of the story.

so it's basically a he-said she-said document, just all official looking and stuff
 

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oh one more thing, a police report would have been useless, so don't sweat not getting one. it would just describe where the damage was on both vehicles, which is obvious, and it would list each of their versions of the story.

so it's basically a he-said she-said document, just all official looking and stuff



Thanks Jared. For everything.
 

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oh one more thing, a police report would have been useless, so don't sweat not getting one. it would just describe where the damage was on both vehicles, which is obvious, and it would list each of their versions of the story.

so it's basically a he-said she-said document, just all official looking and stuff
that's true but the reason you should always make the police come out and attend the scene is that most people(I think) are far less likely to try and lie to a cop on short notice than lie to an insurance adjuster after they've had a few days to think about the crap they're in.

exact same thing happened to me last winter, [censored] made a right turn on a stop sign (without stopping) comes across two lanes right in front of me, bam!, I rear-end him. No problem, he says, it was icy and he couldn't stop, his fault. We exchange info and go on our ways. By the time he gets to the police station and files his half of the report, his story is that I just rear-ended him, plain and simple, my fault.


Thankfully, I was smart enough to go back to the collision scene the next day with a digicam. with pictures of the scene, the signage, the tracks in the snow, and the angle of the damage on my car I was able to put together a six page 'analysis' that convinced the other guys insurance company that they would get pwn3d in court. too bad it took a full 4 months to settle. if my car hadn't been drivable I'd had to kill sum-body.

If the cops had come and taken his statement when the collision happened, he wouldn't have had time to decide to lie about it. The next time I have a run in with somebody I'm gonna make sure I have a 'banged up' leg or something until the cops come out there. (They have to attend any injury accident.)

Insurance companies will always give you the run-around because a certain % of people won't fight, they just give up. Too bad for them I'm pig-headed, I'd rather spend $5k fighting over $500 if I'm right on principle. But that's just me.
 

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if you go to his house at all... enjoy losing the case entirely on the basis of harassing the guy.
 

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1) ALWAYS call the cops.
2) ALWAYS keep a disposable camera or some other media with you for evidence.
3) ALWAYS get all information possible.
4) NEVER let someone off the hook because they want you to do them a favor.

Your friend could get an attorney and perhaps you can take him to small claims court, that's probably his only recourse here.
 
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