Date: Thu, 7 Jan 1999 23:21:40 -0500
Reply-To: Dave Caston <DavidCaston@COMPUSERVE.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Dave Caston <DavidCaston@COMPUSERVE.COM>
Subject: Re: Crash Advise (longish)
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Hi Tyrone,
I preface this with: I am not a lawyer I just play one TV!
Several points are salient here:
1) An accident occuring on public roads almost always requires the filing
of a police report in every state. Not so when on private property such as
parking lots. (Caveat Drivers!) Leaveing the scene without one could leave
one subject to "leaving the scene of an accident" and maybe even "hit and
run".
2) In almost every case I've ever heard of, the person colliding with
another from behind (rear ending) on a public road has been at fault. Even
if they were driving around a stalled vehicle. Prudent thought here is that
the driver from behind was either not paying attention or following too
closely; both are ticketable offenses. From the statement by the insurance
of the other party, "Our investigation has revealed that in an attempt to
drive around a stalled vehicle you backed into our insured's vehicle
causing the collision." My guess is with the others--he lied to get out of
responsibility. The forensic sleuthing will help prove your case. You might
find help at the crash investigation unit of your/the local police
department. Could'n hurt to check it out. They can just say no.
3) Your Q: What kind of shop do you volks think I should
take the Syncro to have it's downunder checked? Or should this be a
dealer thing?
My A: Any reputable body shop worth their salt can perform a thorough
appraisal of dmage and can check the "frame" for damage. Ask around and
find out who is considered the best most reputableand go there. Key West is
small (Iguess) and this may require some driving though.
4) If you have insured yourself with collision--file it under that and let
them subrogate for restitution. Let them work it out with him or his
insurance. They have a llllot of laywers I bet! That is also one of the few
great things about insurance companies, they do the fightin' for you! If
you choose to do this, then make sure you don't let them give you a lowball
claim adjustment. Go by the body place _first_ and get them to "school" you
a bit on the proper way to restore you vehicle to precrash condition. Play
extremely dumb and ask for lots of explanation; Columbo did this really
well!
5) You were apparently not in the wrong here. Tactfully turn control around
and tell him you will notify him via certified letter /restricted delivery
the damages so that he can make restitution. If he balks then,just go
around him and file the claim on your collision andgo from there.
6) Be _very_ selective about how much detail you engage the others
insurance with. Think about your statements befor ansering any questions
from the "if I were trying not to pay this claim how could I interpret this
statement to meet that end?" angle. They will look for any slight admission
of guilt to deny covering the claim. To this end, try to get your insurance
to talk to them after talking with you.
7) If you just changed insurance carriers prior to the accident they will
be glad they took you! ;-) If you changed just after the event, then the
prior insurer still has fiscal responsibility. Don't be shy, you contracted
for this service and paid for it already. Use it. Business is business.
Dave, Sherrie & an 85 GL Westie named "Vinnie"
Hangin' in Allentown, PA