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Tuesday, June 16, 2009

Why Are People Like This?!!!!!!!!!

Last Wednesday, at approximately 6:30 P.M., after a particularly enjoyable round of golf with my mother, I was involved in a vehicular collision.
Here's the story:

I prepared to back out of my parking stall by checking all around me for other vehicles as I always do. I saw a car pulling into a spot a bit over from me on my right, and even further over on my right, out of the corner of my eye, I saw a truck pulling out of its spot. Seeing no reason to wait, I slowly began backing out, continuously checking for other vehicles in my vicinity. I'm always cautious when I drive our SUV because it is larger. I was more than two thirds out of my spot when I began turning the wheel counterclockwise. After another all around check I was certain I was clear to proceed so I concentrated on the driver's side front end of my vehicle to avoid scraping the vehicle next to me and continued backing out. I was nearly clear when I felt and heard a bang as my vehicle was hit. I gasped, thinking at first,
"What the heck did I just hit?"
I turned over my right shoulder and noticed a truck had hit me . I was slightly relieved to realize I hadn't hit a parked vehicle. It was a hard enough hit that my vehicle shook, and loud enough that my mother heard it from two rows over.
I exited my vehicle to inspect what happened. The male driver of the truck, who I won't name because his name makes me shudder, (I know I won't be naming any possible future children his name that's for sure!) was already looking at the damage. He immediately said (not exact wording),
"This may be one fo those times where we are glad vehicles are mostly plastic, I think my truck took the worst of this, your looks fine."
My mother then arrived and the man also said (again not exact wording),
"It happens so quickly, I was watching the other car park and bam!" (however this is worded he very obviously admitted to being at fault)
My mother and I inspected my vehicle more closely and noticed a dent and some scratches near the back passenger side wheel which we pointed out to the man. I said that we should exchange phone numbers, which we did. When I requested his insurance information he refused. My mother recognized his name as someone my father knew so I wrongly assumed that all was okay at this point. The damage also didn't appear to be very major so I naively left things at that and we parted ways. There are a million and one things I should have done but I'd never been in that kind of situation so didn't have a clue.

Trevor has since gotten quotes on repairs. $1700 - highway robbers those body shops are! But it is what it is. We notified the man and he began backpeddling something fierce saying that I was partly at fault for "backing out into the driving lane which he was clearly in."
Um, no.

Did I not say that I was mostly out of my parking stall? I drive a large, white SUV which is kinda hard to miss! (apparently not) Did I also not say that he admitted to that he wasn't paying attention? The force of the impact proves that.
When I reminded him of his admission of guilt he again agreed that "yes, (he)was distracted, but (I) still did not have the right of way in backing up."


He began attempting to intimidate me with claims of his partial innocence and saying,
"You don't have a leg to stand on," and "you would never win in court," and "just ask the cops of your insurance agent."

NOT ONCE during our so called conversation did I admit to being even remotely at fault.

He suggested two options, that we let it go and each deal with our own vehicle separately (which I'm sure he hopes happens), or file a police report and allow insurance to take it from here.

At that point I said we would think about it and let him know.

We thought for two minutes.

I refuse to speak with him again if he's going to talk to me like that. I will be calling my insurance agent and likely filing a police report and having them deal with it. I realize it's my word against his at this point which sucks. Worst case scenario is that they deem it my fault and my insurance takes the hit. Seeing as I have the cleanest driving record possible my premiums shouldn't suffer to greatly.

I'm off to find all this fun stuff out tomorrow.

At least no injuries occurred.


Kindra said...

Oh man Carla that sucks! That happened to us 3 years ago, where we were clearly parked in a stall and a lady not paying attention slammed into us. She FULLY admitted it was her fault yet when she talked to insurance she said we were driving and just kind of collided with her making it both our fault. Luckily we were able to call her bluff because we had taken photos of the damage to the car, and the skid marks on the road.

Last Friday my car was hit in a parking lot AGAIN! Luckily neither me or the girls were in the vehicle, I was in shopping, and the lady who slammed into me was a good citizen and left me a note. It's $2000 damage so we had to file a police report.

Anyways all this to say, that if the damage to your vehicle is over $1000 it's mandatory that a police report be filed. You don't have to proceed with insurance, but you do have to file the police report. I was just in there today as a matter of fact! You should also mention to them his intimidation...totally bad on his part.

Kindra said...

Oh yeah, and I should also mention that when you go ahead and make the police report, he is obligated to make one as well. If he doesn't he will be charged.

Also, to get the damages to your vehicle fixed the police report is necessary. They give your a file number and a sticker to put in your windshield. No legitimate place will fix your vehicle without that sticker.

Tammie said...

this is horrible. i wonder if he didnt have car insurance and thats why he didnt want to give you the info.
i hope it all gets straightened out.