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      02-28-2012, 04:03 PM   #45
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Quote:
Originally Posted by Foodle View Post
You do understand what the smiley means, right?
I do but it looks like its a snobing face..
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      02-29-2012, 10:27 AM   #46
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Was she hot? hahahah
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      02-29-2012, 01:13 PM   #47
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Try to get more cash out of him. If not cut your loses and take what he gives you. You'll lose more money in the long run when you trade and they find an accident on the car fax.
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      02-29-2012, 01:17 PM   #48
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Massive fail..turn in your drivers license and take the bus
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      02-29-2012, 01:39 PM   #49
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Quote:
Originally Posted by persian54 View Post
I'd take the $750 and file a claim on your insurance that she hit you so it's on record.

Also, next time you call him, record the convo so you can catch him admitting fault
I wouldn't recommend this. In most areas recording a conversation is only legal if the other party is notified before the conversation starts. It isn't likely he'll admit anything after that-he already would have done so if he wasn't such a dirt bag.

If you try to record without consent, it is not only inadmissible, it can get you criminal charges.
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      02-29-2012, 08:05 PM   #50
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I could be wrong, but I've heard that, if they can't prove someone was at fault, the two insurance will split the fault.

Then each person gets dinged on their record.

Can someone clarify?
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      02-29-2012, 09:23 PM   #51
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Quote:
Originally Posted by username11 View Post
What if OP just called his own insurance and let them handle it (he did, see above post) while he moved on with his own life, like a normal person would and does?

Let's turn a really simple and obvious solution into something really complex and debate it for 3 pages and counting now.
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      03-01-2012, 11:46 AM   #52
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the guy is being a duchebag. i'd say you take that $750 and go make another $750 damage on his/her car when no one is around. people need to pay for what they did.
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      03-01-2012, 12:32 PM   #53
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Quote:
Originally Posted by termigni View Post
the guy is being a duchebag. i'd say you take that $750 and go make another $750 damage on his/her car when no one is around. people need to pay for what they did.
i hope you are joking, but i don't see a little smiley face to indicate that you are...in which case you are suggesting turning a minor mistake (not calling the cops initially) into a major one (damaging someone's personal property).
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      03-01-2012, 05:16 PM   #54
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Well her insurance just called me to tell me they aren't holding her liable because she told them she didnt know if she was in my lane and how i was going fast...both complete and utter lies. so I called my insurance and they will go after her's but it seems like they are just going to get her lies again and itll be he said she said....shit.
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      03-02-2012, 09:13 AM   #55
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would I have a good shot at winning in small claims court? For any attorneys or anyone has dealt with a similar situation before...
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      03-02-2012, 09:15 AM   #56
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Wait until the insurance company has done their job and the claim is closed before you do anything else.
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      03-02-2012, 09:19 AM   #57
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basically, she completely lied to her insurance (progressive) and now mine will try to go after her's but I wonder how futile that attempt will be. I had to give my insurance a recorded statement to the subrogation specialist and they are about to get her statement. They already told me though my statement confilcts with what she is saying, they couldnt tell me what she said but its conflicting...what a load of shit
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      03-02-2012, 09:36 AM   #58
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It's a shitty situation and I'm sorry you are going through it. I also understand being anxious to settle it and get your car fixed. It's important to be patient right now though. Let the insurance companies do what they do. Yes, her story contradicts yours with your company but your story contradicts hers with her company. Both sides are in the same position. Worst case scenario is that you'll be out your deductible to get your car fixed. Yes, you could try going after them in small claims court afterwards and you might win but you won't get the money. Here's why:

Let's say your car has $1,000 in damage and you pay a $500 deductible. Then you go to small claims court and the judge awards you $500 in damages. You just got your deductible back, right? Wrong. You'll have to give your insurance company that money. Why? Because if you don't then you will have been paid twice for the accident. The first payment came from your insurance company and the second came from the settlement. You are always responsible for the deductible amount first so you'll only get your own money back after you've reimbursed the insurance company.

Oh, and don't forget your time spent going to court and the money on court fees. If it were me, I would pay my deductible and get my car fixed while I waited for the insurance outcome. If they find her at fault, then I get my deductible back. If not, that sucks but it was cheaper and easier than court. I would also look for a new place to live.
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      03-02-2012, 09:47 AM   #59
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Cell phones have cameras.
Use them people.
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      03-02-2012, 09:47 AM   #60
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new place to live? really?
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      03-02-2012, 09:55 AM   #61
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Quote:
Originally Posted by sicilianoNJ View Post
would I have a good shot at winning in small claims court? For any attorneys or anyone has dealt with a similar situation before...
So not worth the time and aggravation.

Take insurance settlement.
Fix car.
Move on with life.
/thread
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      03-02-2012, 10:03 AM   #62
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You have insurance for a reason. USE IT! If you are hell bent on keeping your carfax clean, just take the $750 and call it a day.

BTW....STOP POWER WASHING YOUR ENGINE! That's why you have condensation in your headlights!
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      03-02-2012, 11:15 AM   #63
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power washing my engine???
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      03-02-2012, 02:05 PM   #64
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Moral to the story.... do your best to document the scene before leaving. Take pictures/video, prepare a drawing, get names of witnesses (if any). The physical evidence is not going to change, unlike a persons recollection (either intentionally, influence of others or passage of time).

Police reports are not as helpful as you might think. Often times it will be difficult or slow to get police to respond to a non-injury accident. And, all they do when they get there is gather information. Officers may prepare a report and MAY suggest who was at fault. If there is no conduct that violates a Vehicle Code, there often times will be no conclusion of fault.

Your thinking should be: what information would be useful for a judge, arbitrator, insurance representative, etc., in determining who caused the accident?

DO NOT record conversations unless you have first advised the person that you are doing so.

Don't assume that someone's "promise" or "admission" of fault is going to be presented unless documented in a signed writing. Your discussions afterwards are not likely to carry much weight and, as you experienced, the story changes.

The best strategy is to document your conversations the best you can. If the other side is not inclined to chat by e-mail or letter, you can prepare a letter after an oral discussion that claims to "confirm" the discussion. Close the letter by stating that if the above does not accurately reflect the conversation, that you should be contacted immediately.
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      03-02-2012, 06:16 PM   #65
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Quote:
Originally Posted by I am Jeff View Post
You have insurance for a reason. USE IT! If you are hell bent on keeping your carfax clean, just take the $750 and call it a day.

BTW....STOP POWER WASHING YOUR ENGINE! That's why you have condensation in your headlights!
Someone has inside info?..
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      03-02-2012, 11:59 PM   #66
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Quote:
Originally Posted by pedrobot View Post
Cell phones have cameras.
Use them people.
Exactly.

Best advice in the thread. Pix would have nullified the husband's lame denial and you would be getting your BMW fixed properly in a certified BMW body repair center.

Think next time. Calmly take pictures, exchange insurance info, phone numbers and say bye-bye, then let your insurance company handle everything. You should never talk to the other driver or a family member after the incident is over. The insurance company will handle it all and you only need to make certain that you get the work done at a certified body repair center.

Dave
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