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#1429008 11/05/05 05:31 AM
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Its an 04. The only thing that was repaired was the bumper.


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#1429009 11/05/05 09:25 PM
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Originally posted by shotwell:

Yes, you have to maintain safe distance etc, but since the car in front of Red hit another car, Red hitting that car is considered part of the same accident. It's a chain reaction thing. You can't be expected to stop on a dime when the yahoo in front of you isn't paying attention. The person who caused the accident is responsible for everything that happens as a result of that accident.

This is the way it works in Washington State. I can't be completely sure how it works in Maryland.




you sure that's how it works in Washington? Res Ipsa Loquitor "The thing speaks for itself"--its a legal principal. you are required to maintain a distance that will allow you stop in time for whatever reason the vehicle in front of you stops. the only way he would have hit him is because he wasn't completely paying 100% attention or he was tailgating to the point that he could not possibly stop in time. it happened to me years ago. i looked down at the radio for a second, looked up, the car ahead of me was at a dead stop on the on-ramp while i was still doing about 30mph. if he had came along 20 minutes later and plowed into them it wouldnt be their fault, just because someone else caused that accident. technically, there are TWO accidents here.

not advice, but what i would do...
your insurance company is definitely going to find out about. unless you offer to pay out the $2600 yourself. remember, that is just their initial demand. always start high and end low. your insurance company will definitely settle it for less than that, unless it just isnt worth their time fighting it (ie attorneys fees, etc). if you go to an attorney, he will most likely tell you to go to your insurance company. in order for him to fight it it will take time and he would have to an adjuster/consultant go out and do an estimate, etc.... ie COSTS! unless he's a scoundrel of an attorney, he's going to tell you to let the insurance company handle it because that's what theyre there for, theyve got the money/resources, etc...
as Frenchie mentioned, your insurance isnt gonna go up $2600!! for an accident with a measley $2600 in damage with no body injury claimed against you.

the demand for $2600 is a starting point. the adjusters will negotiate it down. (i used to be an adjuster). definitely help your adjuster by telling him/her it was just a crack in the paint (or bumper). i hope you took pictures! that is why i always tell people to ALWAYS carry a disposable camera in your car. in an accident, dont let anyone move the cars until you have taken some pics of their positions and the damages.

in reality, a new bumper cover, paint and installation could easilty cost $1200-1500 for a "normal" car. in fact, be glad that he isn't claiming his neck is now sore from the rear impact. bodily injuries, even if minor, can really make your premiums skyrocket



Originally posted by Tourgasm:
Sometimes you can mess up a word so bad that spell check doens't know what the hell you're talking about.


#1429010 11/05/05 10:55 PM
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Originally posted by svt4stv:
Originally posted by shotwell:

Yes, you have to maintain safe distance etc, but since the car in front of Red hit another car, Red hitting that car is considered part of the same accident. It's a chain reaction thing. You can't be expected to stop on a dime when the yahoo in front of you isn't paying attention. The person who caused the accident is responsible for everything that happens as a result of that accident.

This is the way it works in Washington State. I can't be completely sure how it works in Maryland.




you sure that's how it works in Washington? Res Ipsa Loquitor "The thing speaks for itself"--its a legal principal. you are required to maintain a distance that will allow you stop in time for whatever reason the vehicle in front of you stops. the only way he would have hit him is because he wasn't completely paying 100% attention or he was tailgating to the point that he could not possibly stop in time. it happened to me years ago. i looked down at the radio for a second, looked up, the car ahead of me was at a dead stop on the on-ramp while i was still doing about 30mph. if he had came along 20 minutes later and plowed into them it wouldnt be their fault, just because someone else caused that accident. technically, there are TWO accidents here.




Yes, I'm pretty sure. I was a passenger in a car that was involved in one of these. My friend plowed a Honda, after the Honda hit someone else, and that someone hit someone. It was a 9 or 10 car accident. We were rearended as well. The guy who caused the accident was found responsible for the whole thing, and his insurance company had to pay it out. I don't even think lawyers were involved in that one.

I'm not saying for sure that this is the case with Red. I am saying for sure that there are special circumstances involving multi car accidents, specifically in Washington State. All the more reason to speak with a lawyer. Most of them give free consultations when dealing with car accidents.

Good luck and keep us posted!


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#1429011 11/05/05 11:01 PM
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interesting indeed.

either way, his insurance company will definitely know the laws of his state for sure. if he is not at fault (as in your state) then it is the insurance company's duty (per the policy) to defend any and all rights and liabilities of their insured (as well as their own). if they were to refuse to, suing them may be in order as well.

ps check your state's laws on reporting accidents. example, in CA you have five days (iirc) to report any automotive accident totalling over $500 in damages or you may face penalties (usually ins companies take care of it though). although being late to report doesnt negate their right to sue for damages not to mention both parties are obligated to report it. soo...hmm..nevermind


Originally posted by Tourgasm:
Sometimes you can mess up a word so bad that spell check doens't know what the hell you're talking about.


#1429012 11/06/05 01:19 AM
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Doesnt anyone look beyond one car in front of them? Keeping a safe distance is one thing, but if the guy two cars up in front of you jams on his brakes and the guy directly in front of you is day dreaming, your butt is toast and are liable for the damage you caused. Now, for the lawsuit, forward it to your insurance co. That's why you pay them, they will either deny the claim or negociate it. Since there seems to be no factual proof the the accident aside from damage, they might just dent it.


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#1429013 11/06/05 01:26 AM
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Kim hit the nail on the head. Let your insurance company handle it. 4 days after I purchased my first Tour some knucklehead decided to T-bone me at an intersection. Granted it was a Zetec....nevermind

A few months later I get letters from some attorneys office downtown. Called my insurance agent, they told me to fax them over and be done with it.

The moron tried suing me three times, and after the faxing of the papers I never heard another word about it....

I love insurance!!!


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#1429014 11/06/05 01:56 AM
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2600? Is his insurance company trying to get money from you for damages that HE caused to the front of his car by plowing into that guy? I would get in contact with the guy he hit and see what exactly happened with his car and insurance and everything.

But in the end Like everyone says let the your insurance company hadle it.


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#1429015 11/06/05 07:44 AM
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Originally posted by Red92784:
Its an 04. The only thing that was repaired was the bumper.


one way to verify if this is a falsified claim is to check the part numbers on the doors,
Im not sure on fords, but my toyota had the VIN number on every panel of exterior sheet metal on my MR2. If you end up wrangleing over it, try to pin insurance fraud on the bastard when you find that the rear doors are the exact same as when it left factory - check all other "replaced-repaired" parts too.


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#1429016 11/06/05 09:58 AM
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Originally posted by Red92784:
As far as I know right now all they have is a name and an address.




easily attained by looking in someones mailbox


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#1429017 11/06/05 02:58 PM
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Man, some of you guys are just digging a deeper hole for this guy.
I'm an SIU rep (special investigator) for an insurance company.
The bottom line is no matter what caused the initial accident, you are ultimately responsable for the damage to the rear of the vehicle you hit.. Its a rear ending, plain and simple, no questions asked.
Ultimately this is going to have to to through your insurance company, you should not be getting sued unless you did not have insurance. Just tell whoever is suing you to contact your insurance. Your insurance company will call you to verify all the facts with you and will make sure what this guy is claiming is LEGIT, and they will refuse to pay for anything not related to the damage caused by your part in the accident. You have insurance (I sure hope so) for a reason. They have lawyers for subrogation and arbitration to protect you, let them handle it. Don't go out getting yourself a lawyer just yet.
let me know if you have any questions.
Quote:

Im concerned because I dont know how much information they have on me. Obviously someone lost my info somewhere or else they would have just gon to my insurance company in the first place. As far as I know right now all they have is a name and an address.




You would be amazed what I can look up with just your license plate # with ISO and some of the other systems I use at my job. You name it we can dig it up on you. from you job history all the way down to the phone #'s of your neighbors grandchildren.
Trust me, if they know your name and address, they know everything.


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