[UncaDanno]

There I was, sitting at the traffic light (about 6:45AM). The light turns green. I start through the intersection. Then I catch some movement to the left out of the corner of my eye. Here comes some yahoo at me as if the light was still green for him! So I lays on the stoppers and get stopped right in the middle of the intersection. And the truck keeps a-comin'. He (sorta) swerves at the last second and the rear corner of his truck, it's a dually pickup with a utility bed, catches my front bumper. He just cruises right on through the intersection and finally slows down next to a gas station. Everybody else has stopped, including the other guy he almost hit, so I turn and get behind him. We both go into the gas station lot and he gets out and the first thing he said was, "Did you hit me? I thought I had a flat." Huh? This joker just ran a red light and hit ME!

He walks back into the intersection a couple of times, almost getting run over, to pick up the door that came off the back corner of his ute bed and the bigger items that fell out while he was fishtailing out of the intersection.

Just so happens the intersection is a couple hundred yards from the company that owns the truck. While we wait for the state trooper (took about an hour since there were no injuries), a few guys from the guy's company drop by to see if he's alright and to coach him for the interview with Smokey. They all scatter when they spot the trooper waiting at the traffic light.

The trooper arrives and first asks the other guy what happened. He says "I realized I didn't have time to get stopped for the yellow light. I don't know how this gentleman got into the middle of the intersection when he had the red. I tried to miss him, but he didn't stop for me and hit me in the rear area of my truck."

Trooper then gets my side of the story. He also cites the other guy for failure to stop for a red light. When we get out of the trooper's car, the other guy says, "Shouldn't cost you too much to get your ride fixed. Just buff out the paint from my truck and you'll be good as new. I gotta go to work."

No skin off his nose. He goes on to work. It isn't his ride that got torn up. Isn't his insurance that has to pay for the damage. His company will pay the fine. And will pay for his lawyer to dispute the citation in court.

I lost the job I was on my way to start because "you have some transportation issues to work out and we need someone who can commit right now."

Cosmetically, his truck is worse off than the Mo. He's missing a door. I have paint from his truck on the bumper. And a hole where the skin got pinched and grabbed as his door broke off. The bumper is shifted a bit to the left and so is the grille, I'm hoping due to the bumper being pushed over a bit (about 1/8").

So I call my agent. Then call his agent. Turns out the insurance listed on his registration expired about a year ago. So I call the trucking company. They give me the insurance company name and the number of the policy that expired the first of this month and another number that "may or may not be the policy number that is in effect now", and the number for their agent.
I call their agent who gives me a toll-free number for the insurance company's claims department and tells me an adjuster will call in about 24 hours but, since it's Friday, they probably won't call until sometime next week.

Subrogation is looking better and better....

 

[mgthe3]

mmmmmmm

you sure you don't have soft tissue damage (can you say law suit)?
A citation against him is a garanteed win in court and would probably be settled out.
Hope you have some witnesses.
I saw a school bus run a red light day before yesterday---with kids on it. I was too far away to get the bus #. Dammit.

 

[GripperDon]

Think hard about a lawyer. Hope you have someone you can talk to? A first office visit is free many times. Talk to your personal insurance agent if you have one. You Insurance company should do most of this leg work for you. How is you neck? Did the seat belt tensioners activate? Very sorryit is really upsetting and just pervaides your thoughts. GRIP

 

[CopperKat]

That sucks! My back is starting to hurt just from reading this. You may want to visit your doctor to make sure everything is O.K. (and get a paper trail started).

 

[NVMYGT]

Good luck man. That's just terrible. If only there was a Natural Selection Occupation....GRRR.

 

[dalsox]

It really makes me feel ashamed to be an American today. Really, was anybody killed? Was anyone even hurt(other than pride)? Todays American wants to run to their lawyer before even seeing a doctor. Whats an honest mishap, weve all been boneheads once or twice. I'm sure all of us have sped up to make the yellow light, and I know with the MO I tend to accelerate from a stopped position a little faster than I should, so you have to wonder who's totally at fault. Let bygones be bygones, let his companys ins. take care of the damage, and go on your merry way. Really, it's only right.:3:

 

[GripperDon]

Dalsox, There is truth in what you say but as Paul Harvey used to say "Now for the rest of the Story" the following is copied from our forum.


"The story behind the MO is this: I wanted another MO after the accident, so I started looking. At the same time, the insurance adjuster for the other person's insurance company is telling me that I'll get a fair and substantial settlement. It turned out that their "fair" settlement was less that my true out-of-pocket expenses for medical and lost wages. I ended-up having to hire an attorney because they feel that offering me less than my true costs is "generous" and that I'm being "greedy." I told that I'll gladly meet them in court and that when the lose (and they will since their insured was 100% at fault) they'll end-up paying court fees as well.

At any rate, that whole exchange means that I'm "out" the down payment and 4 months of payments on my Murano (which was totalled in a 2nd accident.) And I'm out my lost wages and medical fees that I paid for out of my pocket. So in total, I'm "out" almost $14,000 for out of pocket money. I couldn't justify buying the MO in New York and having it shipped out because the payments would have hurt. So I bought a 2003 Mach 1 instead because Ford is just giving these cars away with their $4000 rebate. I kept my Audi A4 and that will suffice for taking my clients to lunch, etc."

That is why people think of Lawyers, beacuse everyone does not get treatd "Fairly" I am a very forgiving person but things are not great out there in "Perfect" as the Wallgreens ad says. GRIP

 

[dalsox]

So true, as the writer of that story clearly needed legal action. I was simply referring to the everyday fenderbender thats easily repaired (and seems to put everyone involved in a neck brace).

 

[GripperDon]

Granted. Speaking of necks, I have severe cervical spinal stenosis so I am always worried about rear enders and whip lash. My youngest son got hit rear end when he was in high school and he still has problems today15 years later and got 0 for his injuries, My Daughter lost most of her left temporal lobe in an accident, and has never really recovered.

So I am a bit touchy on the subject. But as I said a lot of truth in what you said and lawyerism is a problem, If things were a bit more fair and insurance companies paid WHEN their is TRUE damage without being forced to be fair, life would be better for all, IMO. May it never happen to any more, wear your seat belt! GRIP

 

[UncaDanno]

Let's see, he's still working. I lost the job I was on the way to start.
He still has income. I still have none.
It wasn't his ride (a company truck). It WAS my ride.
I have to take care of all the legwork involved in arranging for repairs and payment. The only effect for the other guy is two points on his license. There is no effect on his company. I saw the truck yesterday. Already repaired. And the company is still very much in business.

Yeah, fair and equitable. Just a little fender bender.

The other guy is still working and making a paycheck. His company is still in business and raking in the income.
The "fender bender" was the final straw that broke this camel's back. I'm ruined. In a couple of months, the savings will be all gone.

 

[SugarRushMurano]

I am sorry to hear that...

Hope that you will find another "job" soon.
From your description, seems that you are a contractor of some constructions or some sort?

The "fender bender" was the final straw that broke this camel's back. I'm ruined. In a couple of months, the savings will be all gone.

 

[mgthe3]

Fairness and lawsuits....almost like a political discussion.
As I am a Lutheran, and as I believe what Martin said about lawsuits....that it falls under coveting....I would want only what was monetarily equitable.
I am a firm believer in tort reform. Giving folks millions for burning their dumbazzes with coffee and such is rediculous, and, coveting at it worst. Sueing folks for wrongfull death in cases like OJ's is quite a good way to cramp an obviously guilty person's lifestyle, and most justifiably so.
I was sued in a rear ender. I broke my minivan's head light on the corner of her exploder bumper. Their was $600 damage to my van and about the same for her bumper replacement. I was in a turn lane, 2nd car. She looked left (while on cell phone) accellerated out into the lane and stopped. For no reason. I looked left, accellerated the length of my van and wham, hit her before I could turn my head back. When we pulled to the next right and stopped to trade insurance she asked if I had called 911.
"Not yet, I haven't had time."
"I have, the ambulance will be here shortly."
"Are you hurt?"
"No, my husband told me to call an ambulance because the last time I was rear ended I did not get a dime."
She got out of the truck, opened the rear door, turned back to get her child from the front seat and strap into a carseat in the back, all while she was holding a phone on her shoulder with her neck muscles.
They put her on a back board while she was standing up and had to ask her to get off of the phone so they could put the collar on.
I took copious amounts of pictures.
Exactly one day before the statute of limitation (2 years) ran out, I was served with the lawsuit.
They wanted 30 grand for the lady and 5 grand for the kid.
She had gone to a chiopractor 5 times.
The child never went.
To make a long story short, 5 years after the fender bender, my insurance paid her 15 grand to stfu.
Uncadanno lost his position...although I suspect that a place that would use that excuse to keep from taking him on would be a strong indicator of a very bad place to work.
Yes, da Mo jumps out pretty good.....but.....
I have owned a dually, they are emissions exempt because they weight over 8500 lbs. They stop quite well with 6 tires. I never tried to beat a yellow though because of the potential kinetic energy I knew my heavy truck had, and, duallies are not known for rapid accelleration. Uncadanno is lucky to be uninjured.
The d00d who decided to carelessly beat the yellow and chance injuring someone, if not killing them, must be taken to task with his actions. It is commonly known that it takes at least one second for the cross light to turn green after the through light turns red--that is so this type of accident won't happen.
I say pop his azz for 20k, but, unfortuanately, this will not get uncadanno's bills paid, lawsuits take a long time to pay out.

Good luck Uncadanno....ask a layer if a short term pay out can happen in lue of a settlement, I bet the driver's company might spank him for that.

 

[jpburk]

There's a lot of mythology about many of the big-money lawsuit awards that get the attention of the press. It's easy to get righteously indignant and decry the sorry state of our legal system, but the reality is that we don't often get the whole story from what the media present. For example, in the infamous McDonald's coffee burning case, what doesn't get reported is the fact that McDonald's had been warned on several occasions prior to that lawsuit that its coffee was too hot and that injury was likely to result. In its corporate arrogance, McDonald's ignored those warnings. In addition, the elderly lady offered to settle with McDonald's for a mere fraction of what the final award was, and McDonald's refused. The final award was as much a message being sent to McDonald's as it was a cash windfall for the elderly lady. There's no question that the lady bore some responsibility for the injury she sustained. Putting a cup of hot, steaming coffee between your legs while you're driving is just an invitation for disaster. But McDonald's bears a substantial responsibility as well, and that's what the award was all about.

Jeff

 

[EasternPA]

It really makes me feel ashamed to be an American today. Really, was anybody killed? Was anyone even hurt(other than pride)? Todays American wants to run to their lawyer before even seeing a doctor.

Seriously. My wife rear-ended a housewife who was stopped for a green light, and we got hit with *two* "loss of companionship" lawsuits for $200k.. $100k each from the lady and her husband. It was a total "ambulance chaser" cookie-cutter lawsuit. Just like the Allstate and State Farm ads say, those are the times you want to have a REAL car insurance policy.

When I was a kid, I got into a near-miss accident on prom night, skidding and stopping just short of T-boning a limo (who cut me off and sped away once I didn't hit him). I ended up with bad whiplash and in a collar for months. My friend's stepfather, an ambulance chaser, offered to help me collect from a fund the state specifically setup to provide remuneration to victims of hit-and-run or "fled the scene" accident injuries. My father, too, hated how quick to sue Americans had become and wouldn't allow me to proceed!! I could have received as much as $5,600 from the accident, but my Dad said, "nope, that's for people who have real injuries." Granted, I was only making $5.50 an hour working the fish counter at the supermarket, but still, I was out (minimal) wages when I couldn't work.

 

[GripperDon]

Hope you don't mind me asking, but did the insurance company successfully defend you.

 

[Kris]

Fairness and lawsuits....almost like a political discussion.
As I am a Lutheran, and as I believe what Martin said about lawsuits....that it falls under coveting....I would want only what was monetarily equitable.
I am a firm believer in tort reform. Giving folks millions for burning their dumbazzes with coffee and such is rediculous, and, coveting at it worst. Sueing folks for wrongfull death in cases like OJ's is quite a good way to cramp an obviously guilty person's lifestyle, and most justifiably so.
I was sued in a rear ender. I broke my minivan's head light on the corner of her exploder bumper. Their was $600 damage to my van and about the same for her bumper replacement. I was in a turn lane, 2nd car. She looked left (while on cell phone) accellerated out into the lane and stopped. For no reason. I looked left, accellerated the length of my van and wham, hit her before I could turn my head back. When we pulled to the next right and stopped to trade insurance she asked if I had called 911.
"Not yet, I haven't had time."
"I have, the ambulance will be here shortly."
"Are you hurt?"
"No, my husband told me to call an ambulance because the last time I was rear ended I did not get a dime."
She got out of the truck, opened the rear door, turned back to get her child from the front seat and strap into a carseat in the back, all while she was holding a phone on her shoulder with her neck muscles.
They put her on a back board while she was standing up and had to ask her to get off of the phone so they could put the collar on.
I took copious amounts of pictures.
Exactly one day before the statute of limitation (2 years) ran out, I was served with the lawsuit.
They wanted 30 grand for the lady and 5 grand for the kid.
She had gone to a chiopractor 5 times.
The child never went.
To make a long story short, 5 years after the fender bender, my insurance paid her 15 grand to stfu.
Uncadanno lost his position...although I suspect that a place that would use that excuse to keep from taking him on would be a strong indicator of a very bad place to work.
Yes, da Mo jumps out pretty good.....but.....
I have owned a dually, they are emissions exempt because they weight over 8500 lbs. They stop quite well with 6 tires. I never tried to beat a yellow though because of the potential kinetic energy I knew my heavy truck had, and, duallies are not known for rapid accelleration. Uncadanno is lucky to be uninjured.
The d00d who decided to carelessly beat the yellow and chance injuring someone, if not killing them, must be taken to task with his actions. It is commonly known that it takes at least one second for the cross light to turn green after the through light turns red--that is so this type of accident won't happen.
I say pop his azz for 20k, but, unfortuanately, this will not get uncadanno's bills paid, lawsuits take a long time to pay out.

Good luck Uncadanno....ask a layer if a short term pay out can happen in lue of a settlement, I bet the driver's company might spank him for that.

I'm not a Lutheran, but I agreee with your writing 100%!!!!

 

[noshoe]

There's a lot of mythology about many of the big-money lawsuit awards that get the attention of the press. It's easy to get righteously indignant and decry the sorry state of our legal system, but the reality is that we don't often get the whole story from what the media present. For example, in the infamous McDonald's coffee burning case, what doesn't get reported is the fact that McDonald's had been warned on several occasions prior to that lawsuit that its coffee was too hot and that injury was likely to result. In its corporate arrogance, McDonald's ignored those warnings. In addition, the elderly lady offered to settle with McDonald's for a mere fraction of what the final award was, and McDonald's refused. The final award was as much a message being sent to McDonald's as it was a cash windfall for the elderly lady. There's no question that the lady bore some responsibility for the injury she sustained. Putting a cup of hot, steaming coffee between your legs while you're driving is just an invitation for disaster. But McDonald's bears a substantial responsibility as well, and that's what the award was all about.

Jeff

For those that care the above post was dead on. She requested repayment of her medical bills they dismissed her. She won $2.7 mm, and then on appeal from McDs she only got $480K. She won because of all the documentation that their coffee was consistantly served at 185, which is 20 degrees hotter than other establishments. At 185, human skin will suffer 3rd degree burns in 2 to 7 seconds.

 

[GripperDon]

My opinion it makes me angry, we need Tort Reform!

Too bad!, quite buying the coffee there, Nobody is forcing her to scald her mouth either,

Wisdom is supposed to come with Age. The progression is supposedly, Information + Experience = Knowledge
Knowledge + Age = Wisdom

In her case it seems like she had the Information and the Experience and the Age so the equation must not have applied in her case.

Doing things that can hurt you and then sueing someone else beacuse you get hurt seems like "Playing in Traffic"

(Stop Rant Here, Merry Christmas and Happy Holidays to all)

PS this is not related to your post KRIS!

 

[crew219]

That's interesting.

It is well known that the 03 and 04 Muranos have a problem where the power steering fails or lessens.

It is also well known that Nissan delivered many 03 and 04 Muranos with excessive air pressure in the tires. I have documented evidence that mine had over 55 lbs of pressure. That’s about 20 lbs more than they should have.

It is also known that when the tires are over-inflated, the automobile is easier to steer.

Following the use of evidence in the McDonalds case, is it possible that Nissan could be accused of deceptive trade practices by hiding the defect in the power steering from new buyers by over-inflating the tires?

I suppose the proof would be found in examining the tire pressures in other newly delivered Nissan vehicles and those from other overseas manufacturers.

christ

they overinflate tires during delivery to prevent flat-spotting of tires. Enough with your conspiracy theories.

Dave

 

[GripperDon]

Or it's The auto inflate during the bead seal upon installation, of tyres to wheels in Factory. At least thats what happens at Fords Dearborn plant.