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  #41  
Old 04/27/12, 02:18 PM
Tinga's Avatar  
Join Date: Jul 2011
Location: Oregon
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You could always take her to civil court to pay.(small claims, but check the limit, Our county is 7k for "small claims")
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  #42  
Old 04/27/12, 02:37 PM
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Location: Ohio
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Be sweet and nice when speaking with her ins company. Tell them your dream car is totalled and will never be the same. Tell them you will never feel safe in it again, which is basically what you have told us here.

AFAIK, the at fault ins has a very limited time in which to settle your claim. Every single accident I have been in where another was at fault was resolved (auto damage wise) within 30 days. If you need a rental car and replacement car notify the at fault ins immediately. Chances are they won't be able to do anything until the case is released by their insured but they will push the insured to take care of things, especially if the at fault person didn't notify the ins company first.

For your own peace of mind, sit back, take a deep breath and spend a few minutes being thankful it wasn't worse. Yes, your beautiful beloved car was totalled. Stuff happens. You and your hubby are alive and not terribly mangled.

Going by Ohio law (although I know NC could be different) the at fault driver does not have to be ticketed in order to be proven at fault. The police report should list the BMW driver as at fault even though she wasn't ticketed.

Accidents are the reason I never get too attached to a car. In the blink of an eye the car is wiped out. All too often lives are wiped out too. Thankfully all the people survived this one. Once you've seen a few fatalities in traffic accidents it really changes your perspective.
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  #43  
Old 04/27/12, 02:51 PM
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To the original poster...... it's clear that you started this thread with the adrenalin still chugging through your veins. Your writing portrayed anger and hysteria and a tendency to value your car more than the humans involved. Your subsequent posts are more calm.

I fully understand running on emotions, as I have been victim to my own on occasion.

Take a deep breath, read your first post again, and be aware of how you presented yourself there. Arguing with us won't change how the impression you made with your writing.
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  #44  
Old 04/27/12, 03:02 PM
 
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Location: NY
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I'll cut fellini a little slack; I've been in an accident were another party was totally at fault and left the scene- we followed and got her to pull over. I was totally ready to do her violence until I saw her- 18 years old, saying "I'm sorry." You've heard of the fight or flight response?
I'm sure it varies by state, but we reported damage directly to her insurance company, the adjuster came out the next day- we had a check within the week. No deductable.
I've been on the other side of this, when I dinged a car in a parking lot. The other party, who was parked, dealt entirely with my insurance company- I reported, adjustor came out the next day, same thing- he had a check within the week.
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  #45  
Old 04/27/12, 03:04 PM
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Join Date: Feb 2003
Location: Central Virginia
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Quote:
Originally Posted by SunsetSonata View Post
I never understood why people feel the need to scream at someone who caused an accident, UNLESS the perpetrator has an attitude and expresses no remorse. Wouldn't you assume the other person feels terrible? Your hostility towards a devastated young woman is troubling.
It's your lack of compassion that bothers me more than your rage. I seem to remember posting to you a long time ago over that very subject.
No one's expecting you to be HAPPY about the situation, absolutely not. It's a major pain, you are totally innocent and no, you CERTAINLY should not be paying a cent. Just inform yourself, arm yourself and go after her insurance. The girl certainly is not going unscathed. But wanting the revenge... wow. And that's what it is since you mentioned jail as one of the ways you wished she would be punished. She will suffer in her own way, both financially AND emotionally.
Im not sure where this is coming from, unless you didnt read my post. The woman in the BMW was hardly a young girl. I would say she was in her late 40s early 50s. She definately was not devistated! She should have known better. She appeared to be crying because she was sorry she was caught. She continued to cry because it influenced the police officer. Sorry you want me to have compassion for her, I have none. She was talking on her phone while driving, something anyone with 1/2 a brain knows interfers with your driving. She didnt try and slow down, I doubt if she even saw the other car. I guess I could be compassionate because she is an idiot?? Nope, not worth my time.
No I am not compassionate towards people that show no responsiblity towards others, that do things that are dangerous to themselves and to others. What if she HAD killed one of us?? I doubt much would have changed.
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  #46  
Old 04/27/12, 03:11 PM
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Alice - maybe not visiting this thread again would help you settle to getting the steps done that will fix your car and let the responsible parties get the responsibility.

I see your agnst and feel for you; but I don't think this thread is helping you. Some people point out things, and they just seem to not agree with you. Be it be any type of statement.

I'm sensing you're really still involved with the emotions and actions of the accident and it's too soon to see some resolve of the various problems assocated with it.

I really do feel for you, but I'd love to be able to see you get a little more relaxed so you can handle all the steps more efficiently and cause less uptight/stress for yourself.

I'm concerned for you.
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  #47  
Old 04/27/12, 03:20 PM
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Location: Kentucky
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I understand you completely. Okay, so it's "just a car". But its the principle here.

Several years ago after my father died, my mom gave me his car. A late model Buik Roadmaster station wagon. It was my first "really nice" car, I even got full insurance on it (for the first time in my life.) That was a good idea.

Less than 24 hrs after my new insurance began I was parked in my space at work. I was at my desk for less than 10 minutes when "BANG!" A woman who was on the main road tried to slow down to turn in, but hit the gas instead of brakes. Long story short, she broad sided my car at a high rate of speed and sent it into my bosses car parked next to it. Both were totalled.

The woman had NO INSURANCE and was on twelve different perscrition meds too. The state trooper who came only looked at an old sticker on her window and decided "that" was her proof of insurance. I didn't find out she had no insurance until a week later.
She was never given as much as a ticket. driving w/o ins., causing major damage and got nothing, but a sore neck and a smashed up vehicle. Sure no one was hurt, but dang, I pay my insurance, I follow the rules. The only upside is... my ins. co was very kind to me. It was Geico, they were good to deal with on the phone, sent an appraiser out that week and wrote me a check. And of course the other upside was I was indoors and not in the car or between the two cars at the time. I would have at least liked an apology from the woman who hit us.
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  #48  
Old 04/27/12, 05:16 PM
 
Join Date: Jun 2002
Location: Idaho
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A few years ago I was first to arrive at a single car accident on a lonely highway. The husband was badly hurt and his late wife, the driver, had her head crushed in the rollovers. I got the job of comforting him for 20 minutes until a deputy arrived. Not once did he ask about how badly his pickup was hurt, but he sure was upset about his wife.
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  #49  
Old 04/27/12, 05:42 PM
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Quote:
Originally Posted by jen74145 View Post
Cabin, I think it *is* the BMW driver she's angry with.

Accidents happen. I think, though, that temper does you no good. Really, I'd get that in check before you have a stroke.

So the other driver cried. She probably felt awful. People are worth more than things.

Gently said, your reaction truly is over the top and I would consider whether this was a one-off, straw that broke the camel's back sort of deal, or if this is your usual response to stress. Stress can kill you. Manage it. To say nothing of the other driver; what if they'd had the same response as you, but were a physically violent type?


I had a girl make a left across two lanes of traffic, she couldn't see around the first, so she just.... went anyway. Totalled our car. DH tried to stop but she just jumped out there and was declared at fault. I don't know how we weren't hit by the traffic around us. I roared for about two seconds, but that was because my eleven month old was in the backseat and screaming like I'd never heard before. I was terrified of what I'd see when I peered round his rearfacing seat. He was just fine, but I was almost sick hearing him cry like that. I apologized to her for my moment of anger, she understood and felt so bad. I figure she learned to be a bit safer from that, and at least she didn't have to kill somebody to learn.
I agree that the OP needs to take a chill pill. Be thankful that no one was seriously injured or worse. Be thankful all the parties had insurance. If you end up with an uprate on your insurance, do what everyone else does and shop around for a better rate.

I have never understood why people get so angry when accidents happen. It's not like the gal intended to hurt you or your car. She was distracted. It happens.

Be thankful. Be forgiving. Be kind.
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  #50  
Old 04/27/12, 06:51 PM
 
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I do understand the OP anger, life isn't fair, people make mistakes, and sometimes those mistakes hurt others.

Agreed, one should take a step back, and simply start the process, but again I'm wondering if the driver had been distracted by something else if the OP would have been as upset? Lots of things distract people, it's just funny to me people somehow want to string someone up for talking on a cell phone, when it could just as easily have been reaching for a drink, eating, being distracted by a child, a pet, etc.

Funny, that's what I got from the post ------------

I am sorry and I hope the process goes smoothly.
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  #51  
Old 04/27/12, 09:12 PM
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I totaled my car in September when a young man pulled out of a gas station directly into my path and didn't leave me enough time to stop. In PA the police don't even give out tickets or place fault unless there was a serious violation yet his insurance, Progressive, paid for my car and my rental as well as my missed work. My insurance, Allstate, paid for my medical expenses. Yelling at, or speaking to, either of though other ladies could have really messed up any claim you may have. You exchange insurance information and that is IT. The woman in the BMW was smart to not answer you.
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  #52  
Old 04/27/12, 10:29 PM
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Makes me glad all of our vehicles are old & not worth much. No loss if they get in a scrap with someone. I have a brother that is soooo picky about his truck. Drives me nuts. It is a material thing & it won't go with you when you die, so it's really not all that important.
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  #53  
Old 04/27/12, 11:00 PM
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Quote:
Originally Posted by Trixie View Post
I do understand the OP anger, life isn't fair, people make mistakes, and sometimes those mistakes hurt others.

Agreed, one should take a step back, and simply start the process, but again I'm wondering if the driver had been distracted by something else if the OP would have been as upset? Lots of things distract people, it's just funny to me people somehow want to string someone up for talking on a cell phone, when it could just as easily have been reaching for a drink, eating, being distracted by a child, a pet, etc.

Funny, that's what I got from the post ------------

I am sorry and I hope the process goes smoothly.
This.

The OP talked about buying this car before here; this purchase was a major decision for her. Is she too obsessed with material things? Perhaps but I've seen peeps here upset that someone might be stealing fish from their pond and other situations where "their stuff" was at issue; IMO they got more sympathy for their losses. Could be wrong--often am.
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  #54  
Old 04/27/12, 11:16 PM
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I also have USAA and have had an accident. They said they would pay for everything after my deductable and then they would go after the at fault insurance to be paid back. Then the other guys accepted the claim so I got my deductable back and was only without my car for a week during which time I had a rental. Over all a decent experience...mostly cause of USAA
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  #55  
Old 04/28/12, 12:37 AM
 
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My understanding is a "fix-it ticket" means she doesn't get a ticket if everyone's claim is taken care of by her insurance. If your car isn't fixed by her, then the ticket can be rewritten for careless driving or whatever. I don't see it as "scot-free", myself.

When you say you go back and start yelling at someone, we can't read it as only "What were you thinking?". I'm not yelling at someone when I ask that.

I understand being upset, I really understand someone else's actions costing me money when I did nothing wrong really making me upset, but would hope I could aim my energies at trying to make sure the person took care of fixing my car. It boggles my mind that there is any state that doesn't make a person repair damage from an accident where they are totally in the wrong. I don't see how going to jail can help my car, and I'd rather her money went to fixing my car than paying a ticket to the state. But guess that's just me...
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  #56  
Old 04/28/12, 02:35 PM
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Don't ever expect a driver at fault to apologize. In our litigious culture, apologizing is the same as admitting fault. It's a sad truth, but true nonetheless.
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  #57  
Old 04/28/12, 09:40 PM
 
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Be very grateful they had insurance!!! My dad got hit by an illegal alien without insurance, or a license who couldn't speak English. Of course the wife starts crying hysterically and my dad's spine turns to jello so he lets them go and doesn't even call the cops. Guess who paid for the repairs. The responsible legal driver with insurance that promptly went way up.
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  #58  
Old 04/29/12, 02:43 PM
 
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I figure that fellini was upset and blowing off steam. Lots of us have done that here in the past.

Lately, though, there does seem to be a tendency to jump all over folk. Used to be that we'd see past the "rant" tone and offer a little cyber-tea and sympathy...

My thinking is that I'm sure sorry fellini is going through this, and I wish her all the best in her efforts to get her Prius repaired - though we all know that, once a spiffy new car has been in such an accident, it's never the same.

It's not just about the car. It's about the woman who was on the phone when she should have been focused on her driving, and whose negligence caused not one but two families to be financially "hit" for her negligence.
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  #59  
Old 04/29/12, 02:57 PM
 
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Location: coastal new jersey
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I have no spare money, none, zilch. I live in NJ with the highest taxes and highest car insurance rates in the nation. You bet i'd be mad as spit if I got into a accident because some twit was on the phone. Her tears would not work on me for a second.
I would of been on the phone with her insurance company that day, in fact I have done exactly that. I was rear ended in Sept at a red light. I only had minor damage to my car,(bumper off). I called his insurance company that day and the next until they told me to bring it in for an estimate. My car was fixed within a week and his insurance paid for my rental for 3 days.
Fellini came on here to rant to blow off steam. What is wrong with that? So many people are jumping on her for that. That's one of the reasons i've been on this site for 5 years but hardly ever post. To many mean people on here.
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  #60  
Old 04/29/12, 04:12 PM
Alice In TX/MO's Avatar
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Mean people? Oh yes, those who point out that acting like a harridan at an accident or over the phone is inappropriate.

Sincerely, those of us who have been through serious illness with loved ones and sat at the bedsides of those who passed from this life have gained a different perspective. Being angry about things diminishes.

If you think that's a mean point of view, so be it.
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