Crashed my beautiful car (TL;DR at the bottom)
03-16-2012, 06:51 AM
#51
2nd Gear Member
Join Date: Jan 2011
Location: Virginia
Posts: 229
I have a restoration/custom shop and I welcome collision stuff, especially with this Economy...
It's quick turn around money that pay the bills while you have project cars taking too long (relatively) and you don't get paid until it's done so you better get the quick stuff.
As far as adjusters, I have a good relationship with most of them... Even with the ones from Geico, which is just about the worst company to deal with when it comes to claims.
And yes, lots of customers are a pain and in your case, I know that they'll give you hell to get OEM stuff so they can get aftermarket cr@p and put the savings towards their deductible.
They think the Appraisers don't know that, lol.
Shops will also do the same thing for the same reasons...
It's quick turn around money that pay the bills while you have project cars taking too long (relatively) and you don't get paid until it's done so you better get the quick stuff.
As far as adjusters, I have a good relationship with most of them... Even with the ones from Geico, which is just about the worst company to deal with when it comes to claims.
And yes, lots of customers are a pain and in your case, I know that they'll give you hell to get OEM stuff so they can get aftermarket cr@p and put the savings towards their deductible.
They think the Appraisers don't know that, lol.
Shops will also do the same thing for the same reasons...
03-16-2012, 06:53 AM
#52
2nd Gear Member
Join Date: Jan 2011
Location: Virginia
Posts: 229
For those arguing about whether he can be sued or not, that is a question of state law. It all depends upon your state and what the rules are there. So calling the one poster's friend stupid for "allowing" himself to be sued and not just sending them to his insurance company ....... well unless you know the law for the state where it happened then you don't have a basis for any opinion. What you say MAY be true for your state (and that isn't the case even in no-fault jurisdictions, depends upon other factors in the suit) it isn't automatically true for a different state.
And as far as the OP getting the ticket - in most jurisdictions (I believe all but I don't know for sure) there is a presumption of fault (and a ticket) to the person who rear ends a car.
And yes, before you ask, I am an attorney but don't practice in that area of the law but did have to study it to pass the bar many years ago.
And as far as the OP getting the ticket - in most jurisdictions (I believe all but I don't know for sure) there is a presumption of fault (and a ticket) to the person who rear ends a car.
And yes, before you ask, I am an attorney but don't practice in that area of the law but did have to study it to pass the bar many years ago.
03-25-2012, 11:06 AM
#53
Join Date: Mar 2012
Location: MI
Posts: 43
As for the ticket: Striking any vehicle from behind, even if the vehicle was making an illegal turn, is almost always ruled the fault of the driver striking the other vehicle. It does not absolve the driver of the vehicle that was struck from his/her fault, but it is always your responsibilty to ensure that you can stop you own vehicle.
03-25-2012, 11:08 AM
#54
Join Date: Mar 2012
Location: MI
Posts: 43
Yes, it was 4 lanes. 2 lanes, a double yellow, and 2 more lanes. She was in the left hand lane making the turn. There was no turn lane.
When I was on my phone with my insurance, she said that it was an illegal turn since there was no break in the double yellow line, therefore she shouldn't have been there.
When I was on my phone with my insurance, she said that it was an illegal turn since there was no break in the double yellow line, therefore she shouldn't have been there.
03-25-2012, 11:19 AM
#55
Join Date: Mar 2012
Location: MI
Posts: 43
From what has been posted thus far, she hadn't actually executed a turn. Can't be cited for something you INTEND to do.
Worst case, she could have been ticketed for impeeding traffic (if she had admitted or if impartial witness(es) confirmed she was stopped), but our fellow forum member still had an obligation to stop.
03-25-2012, 11:24 AM
#57
Join Date: Mar 2012
Location: MI
Posts: 43
ANYBODY can sue ANYBODY for ANYTHING, so your statement is incorrect. And you still have to spend $$ to defend yourself, even if you are not at fault.
03-25-2012, 11:28 AM
#58
Join Date: Mar 2012
Location: MI
Posts: 43
Just a small little update:
Got a call from the adjuster and everything worked put with the hood. I'm heading into the collision shop tomorrow to go over all the damage paperwork to see if I can get things cheaper from American Muscle and to sign the check over to them so they can begin their work! I'm really am excited to see the finished product.
Got a call from the adjuster and everything worked put with the hood. I'm heading into the collision shop tomorrow to go over all the damage paperwork to see if I can get things cheaper from American Muscle and to sign the check over to them so they can begin their work! I'm really am excited to see the finished product.
03-25-2012, 11:37 AM
#59
Join Date: Mar 2012
Location: MI
Posts: 43
If the Kia was stopped because it broke down, are they still at fault if someone isn't paying attention and hits them? No difference here.
You're not required to 'swerve' to avoid someone or something in the roadway. You ARE, however, responsible to pay attention and not travel in a manner or speed that will preclude you from STOPPING within an assured clear distance of any vehicle in front of you.
03-25-2012, 11:41 AM
#60
on what grounds do you say i lack knowledge and common sense? the kia wasnt broken down and i was responding to someone who said he should of moved lanes...and he wasnt speeding from what he told us
you lack both...
you lack both...