Date: Tue, 30 Aug 2016 11:07:00 -0700
Reply-To: David McNeely <davmcneely40@GMAIL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: David McNeely <davmcneely40@GMAIL.COM>
Subject: Re: venting about irresponsible drivers
In-Reply-To: <CAOBs5F4oA0ya1C49TfWw6f9VgAvbZx7QiQnmjp4NR3RJ_FRp2w@mail.gmail.com>
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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
> >
> >
>
> --
>
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