Neverside

do i stand a chance?

Want just the summary, then scroll down to the two **'s

i recently got in a car wreck, no it was not my fault imo. what happened was we (me and my bro) were at a red light in my f150 behind an altima (at least 5 feet). light turns green, right? we sit there for 2 secs going nowhere, i let my foot off the brake (but not all the way) carefully anticipating for us to go. well these smart kids decided to put the car in 'reverse' (i saw the white lights, as did my friend...we both asked each other wth they were doing) and backed into me (they hit the accelerator, very obvious...it was a flat road). After me and my friend stopped wondering what the heck they were thinking, we got out as the other guys did...we were all ok. the driver then took a picture of the collision area 'without my permission' and asked us if we could back out. we did, my right bumper was dented in and the fog light broke in... they just had a minor dent and paint rubbed off.

Heres where it gets interesting.

We pull into a parking lot and called the police and our parents. i asked the driver why he went into reverse....he stated it was 'the cars fault'....that e said it was in drive but it went reverse. Yea, that lost me. So i asked if it was a stick shift. It was an automatic. They then ask if we would rather go to a body shop and have it fixed and not report it at all...i said no, we must wait. I noticed the car had a dealer tag on it....right, i asked and he said it was a rental but it was under his dads insurance....the kid said he was 17 . He also mentioned he came back from Nopi, and wasnt used to the car yet.

After going thru the regular procedue with the cop, and listening to my mother attempt to calm me down...I noticed the kid's parents said nothing to us, or my mom....implying the under 21 situation. Apparently, they said they did not go in reverse....that I hit him from behind, and since there was no witness we have to go to court.

**
OK, so...in a nutshell:

- what this kid doing out of Drive at a red light in an automatic.
- Why, is he driving a rental if he is below 21? It's under his dads insurance yes, but his dad was not driving it.
- He took a picture of the accident without asking (I would have said no...heck it was my first accident, i didnt know what to do)
- He said it was the cars fault. (um, ok...)
- He went to NOPI (big, big national car show)...which from that highway was at least an hour away...so he had to of had at least 2 hours of driving that dang thing. But hey, as he said, he "isnt used to it"

So, since they obviously want to fight this (to me, its pretty stupid they would) do ya think i stand a chance? Well, i mean...no witnesses, and its a 'bumper' wreck....in other words it means someone was following to closely. I wouldnt have such a problem with this, but this minor...whos driving a retal car insured only under his dad, took a pic of the wreck w/out my consent, offered a bribe, is blaming it on the car, is saying it was out fault... flat out lied to the cop. so what u think?

edit: hmmm. i forgot to add the poll...can an admin/mod do this please?

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STG2 (SW) in the United States Navy
Nemo is my homeboy!

Last edited by hougy, September 22nd, 2003 02:55 AM (Edited 1 times)

im not sure about these things, but is it possible for him to sue you and get more then enough money to repair his car? that seems like the only logical answer... or does he even have to repair it since its a rental? im not sure.

itd be very hard to prove your side of the story imo..
dang this sucks, sorry buddy

main point:

under 21/18 (whatever the minimum age for rentals is here)...driving a rental car under his dads insurance. but was his dad driving? nope.

___________________

STG2 (SW) in the United States Navy
Nemo is my homeboy!

ahh i see what youre getting at, im no expert in law -- but lets hope that works for you

Nope....not unless they say they did it. I image what will happen sence its person against person the judge will do something special like gave you both take care of you own cars or if you got a ticket put you on probation. So if you dont get any tickets or recks in so much time you get it removed. But its really just matters what kind of judge you get.

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Honor, Passion, Modesty, Respect.

umm just to let you know he doesn't have to have your consent to take a picture of the accident.... it's actually encouraged by most lawyers to carry a disposable camera in your vehicle...

You can sue his father based on the pretense the insurance is under his name, it was a rental car, someone under the age of 25 is driving the car(illegal for most rental dealers), I think the minimum is 21. So basically you can sue him based on just that alone.

I'd consult an attorney, I know that since it is under his father's name, that is who you'd have to fight with. If you want to get really dirty, you can sue the insurance company unless I am wrong, I never really understood how that works, however if their insurance won't cover it, and a minor was driving under his father's insurance on a rental car(Basically, he has no insurance), he will get a ticket in most states and so will his father, and their insurance premium will go up, I know that for a fact, so I think you have quite a good chance of winning.

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The Audoptic Weblog. It's where the magic happens.

i guess that it is possible for the lever to be knocked into reverse....but i find it very unlikely. i drive manual and auto cars frequently, and i've never EVER had that happen...

i agree with locke on most points, but i don't think suing the insurance agency will do much cept waste your money. they're lawyers are killer. that, and if it's just a small dent, i don't think their premium will go up. i got into a small fender-bender back in june which my insurance company paid for. and they have yet to raise anything. so i dunno. the kid in the altima is definatly up to somethin...a retarted monkey can drive an auto car...

Not much a lawyer can do if it violates a policy with the rental company, such as being under age and his name not under the insurance, so however killer they are, you have a flak jacket.

___________________

The Audoptic Weblog. It's where the magic happens.

very true...didn't think about it that way.

but i still don't understand what's goin on with the whole "bumped into reverse"...the altima, despite being very mononomous, is a very well built car and i'm pretty sure there's a safety measure in place to keep that from happening...like lil push-buttons on the side of the lever, like my saab has.

Last edited by SmellyVognito, September 22nd, 2003 01:16 PM (Edited 1 times)