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Date:         Tue, 30 Aug 2016 12:23:42 -0700
Reply-To:     Stuart MacMillan <stuartmacm@GMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Stuart MacMillan <stuartmacm@GMAIL.COM>
Subject:      Re: venting about irresponsible drivers
Comments: To: David McNeely <davmcneely40@GMAIL.COM>
In-Reply-To:  <CACvdLxNyfqoY46LacOtxCUcPJBR60oSazgJMXgNZj2VrwLoNRA@mail.gmail.com>
Content-Type: text/plain; charset="UTF-8"

Well, if that's their story then their insurance company will go after yours for payment, which will be a lot more than your $2000 damage. It will impact your policy record instead of theirs, which is why they are lying about this.

Comprehensive coverage with a $500 or $1000 deductible is cheap, and then your agent will sort it out with their agent. This will likely happen anyway, so be prepared to fight.

Stuart

-----Original Message----- From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com] On Behalf Of David McNeely Sent: Tuesday, August 30, 2016 11:07 AM To: vanagon@GERRY.VANAGON.COM Subject: Re: venting about irresponsible drivers

Well, for those of us who haven't found a need for one of the newer type phones (I do have a cell phone, but it is an old style flip phone, without all the newer gadgetry) these approaches don't work. I didn't know that everyone emerges snapping pictures of everything, and recording everything. I guess that's what I get for being an old fart.

And I never imagined that someone who says repeatedly that an accident was her fault, and who states that her liability insurance will take care of the damages, would then falsify a statement to her insurance company and deny liability. I also learned, regarding that being a felony: Nope. Only if the intent is to defraud THE INSURANCE COMPANY. Defrauding the victim seems to be no big deal.

Well, old farts can learn, and I am doing so.

On Tue, Aug 30, 2016 at 10:31 AM, PB <pbrattan@gmail.com> wrote:

> I think the video recording is the best solution. Nowadays, everyone > who has a fender bender comes out with a cell phone snapping pictures.

> It's just a normal practice, and is not usually interpreted as > aggressive or accusatory. You can appear to be snapping photos, but > actually recording, and the other party will not even know it. Even if

> you should put your phone in your shirt pocket or hold the phone > downward in your hand, the audio will still continue to record in most

> of the newer cell phones. I actually never thought of this myself, but > it would be best to check to find out if your cell phone has limited > recording time. In that case you should have an audio recording app > icon easily accessible on your home screen. They usually have longer recording times. > Patti > 90 Westy automatic > > On Tuesday, August 30, 2016, Greg Childs <Greg@gregorychilds.com> wrote: > > > The last time I was rear ended I immediately turned on the video > > camera > on > > my smart phone and exited my vehicle. The phone captured my > > description > of > > the situation and other drivers' admission and apology. I continued > > to video record the damage, license plates, documents, and the driver. > > > > -------- Original Message -------- > > Subject: Re: venting about irresponsible drivers > > From: Roy Nicholl <RNicholl@NBNET.NB.CA > > <javascript:_e(%7B%7D,'cvml','RNicholl@NBNET.NB.CA');>> > > Date: Mon, August 29, 2016 5:29 pm > > To: vanagon@GERRY.VANAGON.COM > > <javascript:_e(%7B%7D,'cvml','vanagon@GERRY.VANAGON.COM');> > > > > David: > > > > Any chance there are surveillance cameras in the area? > > > > > On 29-Aug-2016, at 18:53, David McNeely <davmcneely40@GMAIL.COM > > <javascript:_e(%7B%7D,'cvml','davmcneely40@GMAIL.COM');>> wrote: > > > > > > 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 > > > > > > -- > > *♪♫**♥**♫♪♪♫**♥**♫♪♪♫**♥**♫♪♪♫**♥**♫♪* > If it's not on my iPhone, it doesn't exist... > ●▬▬▬▬▬▬ஜ۩۞۩ஜ▬▬♥▬▬▬ஜ۩۞۩ஜ▬▬▬▬▬● >


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