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
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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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