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Date:         Mon, 29 Aug 2016 14:53:15 -0700
Reply-To:     David McNeely <davmcneely40@GMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         David McNeely <davmcneely40@GMAIL.COM>
Subject:      venting about irresponsible drivers
Content-Type: text/plain; charset=UTF-8

I need to vent. A week ago (last Tuesday afternoon, actually), I took my 1991Volkswagen Vanagon GL Campmobile out to pick up some furniture. I stopped at a stop sign that controls entry from a ramp into a Y where two other roads enter. Both of those other roads have curves in their approach to the intersection that make the sight distance short.

So, I stopped at the sign, then, creeped forward a bit to get a better view of oncoming traffic, and stopped again. Just after I stopped the second time, a vehicle hit the camper's rear bumper, thwack!. The damage was minor, a broken bumper on the passenger side rear, a small ding in the D-pillar, two mangled bumper mounts.

The other driver and her husband both got out of their small SUV, as my wife and I did from the van. We all surveyed the damage. Their RAV4 had more, the grill, a headlight, a fender, the bumper all being sort of mangled. Their vehicle was about ten feet behind ours, which had been pushed forward by the impact.

The other driver was exceedingly apologetic, saying over and over that she was extremely sorry that she had hit us, and that she was certain her insurance would take care of the damage. Her husband observed that the damage to our vehicle was minor AND THAT IT WAS QUITE OLD. I pointed out that being a classic and their being a hot market for these vans, I would have to fix it. He also said that their insurance would take care of it, and he pulled out registration papers and insurance card. We exchanged information, and both drove away.

The next morning I called her insurance agent, and was referred to the claims department (of State Farm). At first I got the spiel from the adjuster about using the State Farm appraisal system. I listened politely and observed that I would get estimates from independent body shops. He demurred on that, but then said I would hear back from him later the same day.

An hour later, a different person called me from State Farm to inform me that liability was denied, as the other driver stated that I had backed into her when she was stopped behind me. No witnesses except ourselves. I do not carry collision insurance, even on this rather pricey vehicle, as I prefer to drive self insured, expecting to pay my costs if I am at fault, and to rely on my liability insurance to fix the other driver.

But that leaves me with no representation to collect from the other driver. I have considered small claims court. It will cost me about $2K to fix the camper. In court, it would just be my explanation against the other person's, with the only witnesses being the two drivers and their passengers, both spouses.

Any advice? One thing I learned, despite police admonitions to just exchange information and be on your way, if I ever have another accident, I definitely will call in a patrol officer.

mcneely


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