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Old 10-14-2012, 01:02 AM   #1
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Location: Saratoga, CA
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Accident (Long, but interesting)

Not bad, but a lesson learned.
3 months ago,
If you don’t want to read all of this, skip to the bottom paragraph.

Driving in heavy traffic along Hwy 80, through Vacaville Ca in the slow lane, I see two cars on a long ramp merging onto the freeway in my direction. The first car speeds up and enters ahead of me. The second car is along side my toad. Looks like it will drop back, I look again and it has moved up along side the MH driving on the shoulder, I look forward, then back to the right mirror; I said out loud, “where did that car go” ?. My wife looks down through her side mirror and said it is right next to us. I can’t see the car but I move to the left and applied the brakes. I felt contact, and then see the car wrap around the front of us just as it slipped off the front corner of our MH. The car swerved back and forth a couple times but was able to gain control and at that time I woke up the whole town with my air horn!
We both pulled to the side of the road and as soon as I started a heated argument with the driver a chp sponsored tow truck pulled up. The chp driver wanted to know if everyone was ok. We were. He asked what happened, I told him my story, and he looked me straight in the eyes and asked me if I wanted an officer to come to the scene. (He made it clear to me that I did).
After the officer listened to both of us, he told me the other driver was at fault for “unsafe merging”.


The other drivers insurance told me they would not pay unless there driver admits fault.
I decided to start a claim with my insurance knowing the first thing they would do is contact the other insurance co. and they did. I received a call from the other drivers insurance and they said that because I have a police report they would pay the claim.
I told the other drivers insurance company I would not move forward with the repairs until we had a written agreement on “Loss of use”. This is where it got fun. They said because it was an RV they figured they did not have to pay loss of use. I opened a complaint with the California State Insurance Commissioner and found out California Civil Code states they must provide a rental of similar. (This law is not just about cars but anything damaged, bike, TV, washer machine etc). They found a class A RV for $329.00 a day. I said no! Look up Country Coach or Newmar. They did. In addition to the repair cost, I receive a check for $8,000.00 for 10 days rental while my MH home will be in the shop.

Note: All States are different.
Don’t back down!
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Old 10-14-2012, 07:16 AM   #2
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A fellow smashed our MH front cap years ago in California. HUge repair.

In the process of repair (which took a month) the insurance company paid: Storage for our tow car, rental of a Ford Excursion to put our stuff in, all the cost of us driving home to Washington, food hotels gas etc, the cost of flying myself and my brother in law back to California to get the rig so we could drive it home. Either that or they would have had to put us up in a hotel or accomodation for the full time we were out of the MH, we just did not want to stay in California and wait.
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Old 10-14-2012, 07:21 AM   #3
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Good for you! You have to fight for what is right.
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Old 10-14-2012, 07:41 AM   #4
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Did you really have to wait for the other driver to admit a mistake? people who drive like that usually do not admit they are wrong.
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Old 10-14-2012, 11:37 AM   #5
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Quote:
Originally Posted by Mule Skinner View Post
Note: All States are different.
Don’t back down!
I have seen a lot of advice as to what to do when an accident happens.

And that.. Is just about (if not) the very best advice I've seen.

Yes, don't back down.

Personally.. I'd consider his driving to be reckless. Epically since you were moving left (Out of his way) at the time, Thus you were SERIOUSLY taking evasive action and he still hit you.. Best guess. He was trying to hit you.
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Old 10-14-2012, 07:54 PM   #6
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Insurance adjusters are in more than a few cases paid to avoid paying. The adjuster's tactic in this case was to throw some stuff at the barn door & see if it'll stick.

Know you're right, then stick to your guns.
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Old 10-14-2012, 08:04 PM   #7
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Insurance adjusters are, in more than a few cases, paid to avoid paying. The adjuster's tactic in this case was to throw some stuff at the barn door & see if it'll stick.

Know you're right, then stick to your guns.
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