SS fender bender

[jasonm]

This morning, I went to get gas (as if that wasn't going to be costly enough.), and I was had to back up to get lined up better, then, pulled ahead to the east (sun). there were about 4 cars total at the gas station, but I found a fifth. As I start to pull forward, I hear this crunch. There's a new 05 pickup in front of me. Not right in front, but Kinda like 1 - 2 o'clock. I backup, we get outta the way of other people, and I call the local police.

 

He tried to sneak in front of me to beat me to the gas pumps. (Obviously, he was in a bigger hurry than I was, but apparently, not fast enough.) The cop doesn't sound like it's anyone's fault, but mine, because the sun was in my eyes. I didn't volunteer any information, but this whole thing wouldn't have happened if he hadn't tried to beat me to the pumps.

 

He wasn't real excited about calling the cops, but I insisted. He just wanted to call his insurance man. Turns out, his insurance man is his uncle that he used to live with.

 

As far as damage is concerned, my bumper has a small scuff on it. I didn't even have my foot on the gas, I just let off the brake. But, he was moving fast enough that my bumper hit his driver side door, and his driver side rear door. Caved them both in. His is an 05 Silverado that he bought 3 weeks ago. I kinda think -- good -- that'll learn ya. He seems like a nice enough guy, had we met under different circumstances.

 

Whose liable? Whose insurance will cover this? Is this gonna show up as my fault? What's the square root of 7?

 

I hate people.

[misterp]

I've done similar, sorry to hear about that, it's a real pisser. Buddy-up with your insurance agent.

 

I am no attorney, but this is my opinion from past experience - the incident happened on private property, so there's no such thing (in legal terms anyway) as 'fault' even if the accident is *clearly* at the hands of one party or the other; and you kind of had no business calling for a police officer, other than to just intermediate and preserve the peace; nothing happened there (to my knowledge) that was citable and nobody needed emergency assistance.

 

His argument will be that you ran into him - that you did not take all responsible precautions to insure that the way was clear before you proceeded. If he's an **** about it, he'll even say you should have exited your truck to verify the way was clear in front of you if visibility was a concern.

 

Your argument against him - he did not yeild right-of-way to you and allow you to completely clear the pump, he was where he *should not* have been.

 

If I were Judge Wapner I would say you each were at fault, and tell you both to just each eat your own individual damages.

 

Your biggest worry is his insurance company getting a judgement against you - so either get him to agree to 'no-blood no-foul' and each pay his own damages, or come out hitting first and demand he was at fault for failure to yeild. If you try to file against him, you're going to have to argue that his vehicle was operating in a place that it should not have been in the first place, making it his fault. I've got no idea if this argument is winnable, ask your own insurance agent if they've been able get favorable judgements in like cases in the past; they'll know, thousands before you have done the same thing, thousands more in the future will do it again, your situation is nothing new to them and they'll have more advice for you.

 

Again just my opinion. Hope that you get it all resolved asap.

Mr. P.

[fox_forma]

  What's the square root of 7?

 

I hate people.

<{POST_SNAPBACK}>

 

2.64575131

 

Best of luck with your situation man

[Rays B4U]

Go talk with the manager of the gas station and see if they have video of it. Some have cameras trained on the pumps to catch Gas-N-Go's. Other than that, my guess is the insurance co's will go 50/50. You pay for yours, he pay for his.

 

Good luck!

[jasonm]

Go talk with the manager of the gas station and see if they have video of it. Some have cameras trained on the pumps to catch Gas-N-Go's. Other than that, my guess is the insurance co's will go 50/50. You pay for yours, he pay for his.

 

Good luck!

<{POST_SNAPBACK}>

 

Thanks, Ray! I am going to talk to him Monday A.M.

[Bowtie70SS]

It's like anything else...everyone else thinks they are more important or that they are in a bigger hurry. I'd say that guy was lucky because I know people who have stomped someone into the ground for a lot less. I don't know if I could have taken it as well. Good luck

 

Dave

[jethro_3]

Some of those cameras have a short frame of memory, you may want to get there before the possibility of the time frame being lost....

 

Good Luck