Community Forums

Forest Grump · 03-19-2009, 10:33 AM

Quote:

Originally Posted by hamguy

What is my bumper sticker?? Oh, I do have a Bush/Cheney. Is that to which you refer?

I agree, if it can be shown that if you set up the collision, you might get nailed but the burden of proof is on the rear ender. And it is hard to prove. Even if true.

Read all the posts. Not that hard to prove with a good investigator. This rear end collision business is a popular style of insurance fraud here in Southern California.

Come on people this is FRAUD which can involve serious injury to parties of both sides. And those of you with diesel pushers are in for major downtime.

chasfm11 · 03-19-2009, 07:38 PM

Quote:

Unless it can be proven that extenuating circumstances exist, the default scenario (at least here in Texas) is that the driver who rear-ended another vehicle will be cited for following too closely

Rusty, the only thing that I might say different is they SHOULD be cited for following too closely. It doesn't always happen. Our son was re-ended several times and not once was a citation issued to the other driver.

I was always afraid that any rear end accident to the toad would end up as a "3 Fer", meaning that the toad would be damaged, the tow bar would be damaged and the MH would be damaged. I do everything possible not to let someone follow me closely for more than a little bit, especially on multi-lane roads. I want them in front of me much worse than they want to get around me. Some of the more pathetic of the group will follow that closely when there is no one around but the two of us. That usually sets me off.

jodann · 03-20-2009, 03:58 AM

Amazing!!! After being rear-ended once again this past Saturday it appears as tho so far the perp who fled the scene will get away 'scott free' as the P.D. will NOT take any action despite having the plate # & vehicle make of the perp. Had I been transported to the hospital it seems as tho the police would take some action. Uh! No thanks. Been there, done that! Sit in an emergency room for 3-4 hrs. only to be issued a soft cervical collar & an aspirin & told to see my own Dr. (which I've done)

Also, considering the location in NYC I would have had to have left my car, I'm sure it would have been up on cement blocks or in a chop-shop by the time I would have able to retrieve the vehicle. What to do? At the very least I would want the perp to be cited for leaving the scene. Meanwhile, I'm back to 'square one' with neck pain that I had sustained in a similar accident 9 years ago. Needless to say, I'm 'ticked off'.

hamguy · 03-20-2009, 09:35 AM

Quote:

Originally Posted by jodann

Amazing!!! After being rear-ended once again this past Saturday it appears as tho so far the perp who fled the scene will get away 'scott free' as the P.D. will NOT take any action despite having the plate # & vehicle make of the perp. Had I been transported to the hospital it seems as tho the police would take some action. Uh! No thanks. Been there, done that! Sit in an emergency room for 3-4 hrs. only to be issued a soft cervical collar & an aspirin & told to see my own Dr. (which I've done)

Also, considering the location in NYC I would have had to have left my car, I'm sure it would have been up on cement blocks or in a chop-shop by the time I would have able to retrieve the vehicle. What to do? At the very least I would want the perp to be cited for leaving the scene. Meanwhile, I'm back to 'square one' with neck pain that I had sustained in a similar accident 9 years ago. Needless to say, I'm 'ticked off'.

Send the information to your insurance company. You are NOT precluded from civil action against the perp. Besides, that is the way to get $$. The cops only take criminal action.

Of course, if you have no damages, physical or mechanical, you really have nothing to get. Or, if the total is so low that it boils down to inconvenience and hurt feelings, you are spinning your wheels.

melvonnar · 03-20-2009, 10:28 AM

First get a police report; neck problem? do two things; #1 get an appointment with a ciropractor (they love wiplash accidents) #2 call one of those attorneys that advertize on TV; they will take the case for a cut.
then sue;

Mc2guy · 03-20-2009, 11:26 AM

Quote:

Originally Posted by 69RoadRunner

Did you know that Cadillacs either don't come with turn signals, or the right one is on permanently?

On the Fairfax County Parkway, people have no concept that the left lane is for passing. They'll get in the left lane and slowly pace traffic in the right lane, ignoring the backup of traffic behind them.

I FREAKING HATE THAT!!!!!

I am on the Parkway for a 15 mile commute every day and I can't stand the left laners. I am all for courtesy, but that extends to the people behind you. Use the passing lane for passing and GOOTFW if you aren't passing someone. Then people get frustrated and zoom around on the right side. Eventually, (and I am guilty myself) you just expect that the idiots don't know better and right lane passing becomes a habit.

And for those bitching about the "me" generation, you need to look in the mirror. Driving habits are instilled from parents. Proper education will mitigate those behaviors (it did for me). The "ME" generation was raised by the boomers, a generation of parents that wanted to be "friends" with their kids instead of parents. Blame can be equally shared IMHO.

melvonnar · 03-20-2009, 01:59 PM

QUOTE:
And for those bitching about the "me" generation, you need to look in the mirror. Driving habits are instilled from parents.

I wondered how long it was going to take for the :ME" generation to blame this on their parents.
I"m not surprised at the "ME" generation answer.

jodann · 03-20-2009, 04:36 PM

[quote=hamguy;483135]Send the information to your insurance company. You are NOT precluded from civil action against the perp. Besides, that is the way to get $$. The cops only take criminal action.

Hamguy, am I wrong to think that leaving the scene of an accident is a criminal action? Well, then again this was within the boundaries of New York City !!

I have reported the accident to my insurance co. as well as having called PD to the accident scene. I'm awaiting a copy of the accident report to be forwarded to me. Have made contact with an attorney & I will persue this.
Jodann

RedneckExpress · 03-20-2009, 08:31 PM

Jodann, you need a bigger vehicle, say a 3/4ton - 1ton older pickup that has a nice heavy amount of steel in it so that if they rear end you, they'll wind up being stuck by wedging themselves under your rear bumper. A good 60s-70s model Chevy/Ford/Dodge would do the trick nicely, and an older Dodge Power Wagon is the ideal height for catching an import car underneath its rear bumper.

Just remember, you can have light weight and fuel economy, or heavy duty and survival. Its why I drive a great big old truck as a daily commuter. The fuel cost is worth knowing at the end of the day, I'll be the one walking home from the accident (Possibly even driving) while the other one might wind up on the coroner's slab.

A friend of mine of coined the phrase, "You drive something built with the expectation of 'winning' an accident"

R1Kirby · 03-20-2009, 08:46 PM

Quote:

Originally Posted by Forest Grump

It is also the main form of insurance fraud which most jurisdictions are privy to. I'll ask one of the deputies next time I go in to the SO.

So Forest...are you one who follows to close? I'm not understanding your point. When following another vehicle I was taught the two second rule. All states will ticket the driver that rear-end the vehicle in front of him regardless. I speed from experience with my years in law enforcement.

GraciesMom · 03-21-2009, 10:34 AM

When I first exited the military, I thought driving a truck would be fun and a great way to see the country (HA!!) What changed my mind, other than the tight time schedules, little sleep and too many other nasty unknowns, were the people who thought I could stop an 18-wheeler on a dime if they decided they wanted to exit the interstate in front of me or make a right turn from the left lane . . . . I was scared to death too many times and I soon realized that I could kill someone - even if it wasn't my fault - and I couldn't live with that. Training to drive an 18-wheeler is extensive . . . then you realize that most schools don't have driver's education anymore, so the kids - and young adults - have no idea where a truck (OR RV's) blind spots are, how long it takes to stop, or even more important, what damage can be done to their tiny cars. Remember those gross wreck films that we watched in driver's ed in the 70's? Those are sorely needed now. A dose of reality is sorely needed. As far as the older driver's . . . my dad had a dozen wrecks after turning 75 and still wouldn't give up his license. We had to have the sheriff come take his license from him. It was a sad day, but we all realize that there are a lot of folks that really are just too old or incapacitated to be driving. And I thoroughly agree with the cell phone thing. But you can't see the ones text-messaging with the phone in their laps - those are even more dangerous. What's the answer to the cell phone problem??

Not a smart thing to do, but my truck driving trainer used to hit the brakes for a split second when someone was tailgating him . . . it worked like a charm. Woke them up and they didn't do it anymore.

jodann · 03-21-2009, 11:05 AM

Ah yes, the 2 second rule. I am a devout follower of that rule. Don't know how many times I've said "one-one thousand,....." or "one Mississippi,....." to myself while driving. Unfortunately, most others seem to follow the 'one millesecond' rule.

The 2 second rule also allows approximately 5 other vehicles - give or take a few - to cut in between you and the vehicle that was in front of you. You just can't win.

I used to enjoy driving but that's no longer the case, even more so when I'm towing the RV. Seems as tho the only people who'll give you a 'break' are other RV'ers & an occassional trucker. Jodann

hamguy · 03-21-2009, 11:26 AM

Quote:

Originally Posted by robert h

First get a police report; neck problem? do two things; #1 get an appointment with a ciropractor (they love wiplash accidents) #2 call one of those attorneys that advertize on TV; they will take the case for a cut.
then sue;

Easy to say BUT

#1 - There must be real damages with high enough $ value so that the lawyer can make money at 1/3 the settlement.

#2 - Do not try to fake the injuries so as to inflate the damages. PI attorneys know all the tricks and since they are on retainers, they spare no expense to disprove your claim. Today's MRI technology can catch many lies.

My wife was office mgr for a PI defense firm. They had a case where the 'victim' was awarded high 6 figures. He appeared each day in court as the poor, pitiful, pained soul. When the award was announced, he walked outside and immediately shed his collar and yelled, "whoopee".

A juror saw this and notified the judge who recalled the principals. He reversed the judgement and awarded LEGAL FEES to the defense. (about $75,000, IIRC) He also sanctioned the lawyer.

GraciesMom · 03-21-2009, 11:31 AM

Any time there is a "personal injury" case that is high $$, you can bet your sweet bippy that there is a photographer following the plaintiff and betting that he can catch him/her in a compromising position, proving that they're not as injured as they claimed. Not to mention that it's a crime to fake an injury . . . . it's more trouble than it's worth. Only if someone is willing to "walk the walk" for at least a year when it comes to claiming a fake injury will they be successful. It's a shame the government doesn't do the same thing for disability cases, huh? NOT THAT ALL DISABILITY CASES ARE FAKE!! But we all probably know of some that are . . . .