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Old Dec 15, 2004 | 10:31 PM
  #21  
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Originally Posted by lottavettes
Perry Mason LIVES

thats funny because last night I read a post here by an attorney/forum member named Perry Mason...
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Old Dec 15, 2004 | 10:31 PM
  #22  
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Good advice by SeaLawyer. If it ever happens again, remember - make a police report. That can help cover you from situations like this. It's sad that people will lie and take advantage of you like that. Hope you can get it resolved in your favor and the lady pays for the damage.
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Old Dec 15, 2004 | 10:32 PM
  #23  
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Originally Posted by OliverM5
What if she states that I refused to give her my info?
If you were being uncooperative, then why would YOU have phoned HER the next day??

And if you HAD refused and she thought it was your fault, she would have phoned the police, or told the RiteAid manager or something....

There's NO WAY IN HADES that the 'victim' would drive away without your information...
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Old Dec 15, 2004 | 10:43 PM
  #24  
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Originally Posted by OliverM5
What if she states that I refused to give her my info?
Then the question would be:

"Did you contact the police in relationship to the failure of (insert your name here) not providing you his information"?

Answer:"No"

"Why not"

Answer: "ummmmm
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Old Dec 15, 2004 | 10:49 PM
  #25  
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The same thing happened to me a few years ago when a guy changed lanes into my work beater and admitted it was his fault at the scene, but told his insurance co. I changed lanes into him. A couple of tips... the damage to the cars may show who backed into who. Also, carry a camera or picture phone. Usually the police won't investigate parking lot mishaps.
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Old Dec 15, 2004 | 10:51 PM
  #26  
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Sorry to hear. Best of luck to you and hope everything turns out in your favor.
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Old Dec 15, 2004 | 10:52 PM
  #27  
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Originally Posted by OliverM5
I was in the parking lot of a RiteAid on Monday when an old lady backup up into my car. We both got out, she apoligized and gave me her insurance info and said she'll pay out of pocket.

I called her the next day and she said it was my fault - I proceeded to call a claim into her insurance and they said since there are no witnessess, they have to take her side?

I can't believe the old biatch lied - what can I do.....any members/lawyers with some good advice please??
I would think its time to go to your insurance and have them go after her. We pay a lot for insurance make them earn it. You tried to let her off the hook with her insurance and she stabs you in the back. Lesson learned but I'd send my insurance after her now if it was me. Just tell them what happened, I'm sure your not the first person to try and work it out yourself. Your insurance should understand. Let us know how it goes.
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Old Dec 15, 2004 | 10:55 PM
  #28  
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Just get a buddy of yours to say he was in the parking lot at the time and saw the whole thing
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Old Dec 16, 2004 | 03:54 AM
  #29  
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Originally Posted by SeaLawyer
Here's my advice -- SUE HER A$$ off!! Here's an interesting series of questions you (or better yet your lawyer) can ask her on direct examination:

Q: So it's your testimony here today that the accident was Oliver's fault, is that correct?
A: Yes.
Q: You spoke with Oliver on the day of the accident?
A: Yes.
Q: In fact you spoke with him in the parking lot of Rite Aid.
A: Yes.
Q: And this was immediately after the accident, right?
A: Yes.
Q: At that time you gave him your insurance information?
A: Yes.
Q: You told him your insurance company was [Geico]?
A: Yes.
Q: You told him your policy number was 123456789?
A: Yes.
Q: You gave him your telephone number too, didn't you?
A: Yes.
Q: But he didn't give you his insurance information, did he?
A: No.
Q: And he didn't give you his phone number either, did he?
A: No.
Q: If the accident wasn't your fault, then you would have no reason to give him YOUR insurance information, WOULD YOU?
A: Um.... Um....
Q: In fact, if you felt the accident was his fault the day it happened, you would have DEMANDED HIS insurance information, is that correct??!!
A: Um... Um...
Q: But you didn't get his information, did you?!!!!
A: Um.. Um..
Q: AND YOU GAVE HIM ALL YOUR INFORMATION, DIDN'T YOU!!!!!!?
A: Judge, please feel sorry for me because I'm a little old lady...
Q: No further questions BEEYATCH!!!
That's just too funny!

Hey SeaLawyer, can you introduce me to Catherine Bell
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Old Dec 16, 2004 | 04:01 AM
  #30  
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Great advice SeaLawyer.
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Old Dec 16, 2004 | 04:20 AM
  #31  
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Originally Posted by Mike98SilVert
Great advice SeaLawyer.


But I would still kick her *** but make sure there are no witnesses
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Old Dec 16, 2004 | 05:26 AM
  #32  
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Default That Sucks!

Same thing happened to us two years go, on Christmas eve no less. We came out of the grocery to find the door of my wife's 2 month old car smashed in. Nobody in sight. We called the cops and I inspected the damage while we waited. There was white paint all over the door. (our car was burgundy) While I waited for the cops I walked around a little, and found a clapped out white ford taurus with burgundy paint on the bumper. It was the next row over from our car.

I showed the officer the car when he got there. There was no doubt in anyone's mind what happened, so we waited for the culprit. A few minutes later this greasy biatch comes out and starts to put her groceries in her crappy car. (Now if you came up to your car, and there's a cop and two really pissed off people standing there waiting - wouldn't you at least ask 'what's going on here?') Not this lady. She acted as if we weren't even there.

The police officer confronted her and asked her several times what happened. She changed her story every time. Says she hit a fence post. The cop says " a purple fence post? right" She finally breaks down and says "okay, what do I need to do." The cop asks her for her insurance card, and she immediately changes her story again and says she didn't do it. Tennessee law requires everyone to be insured, but it's not enforced at all.

At this point the officer pulls me aside and says even though there's no doubt in his mind she did it, he can't do anything without either her admission or a witness. On top of this, most of the time a parking lot is considered private property and not much can be done anyway. My insurance guy told me they deny claims all the time due to this. They consider it a 'no fault' accident and each party is responsible for their own damage.

In the end, MY insurance paid for my repair as an uninsured motorist hit & run accident, no fault of ours and no increase in my premiums. I hope your deal works out, but I think you've got an uphill battle on your hands.

Just go kick her ***.

Last edited by mymojo; Dec 16, 2004 at 05:31 AM.
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Old Dec 16, 2004 | 11:15 AM
  #33  
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Always ... Always ... Always carry a disposable camera in evry vehicle. The pictures will probably be bad quality but they will be plenty good enough to show an accident scene and help determine whos fault it was and who was there. Take her picture too, that way she is there and her vehicle is in the lane and yours is in the proper position.

Takes away the he said / she said.
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Old Dec 16, 2004 | 11:24 AM
  #34  
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If your have a decent insurance company and you haven't used them regulary then the easiest and probably the most productive thing to do would be to have your insurance do the repair. You can sue her for the deductable and still get your car fixed in the mean time. It comes down to $$ vs your time and effort. Sucks I know. Happened to my wife a few years ago..any way.. good luck.
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Old Dec 16, 2004 | 11:28 AM
  #35  
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people are dirt bags. i'd get someone you know to be your witness
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Old Dec 16, 2004 | 11:28 AM
  #36  
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Originally Posted by SeaLawyer
Here's my advice -- SUE HER A$$ off!! Here's an interesting series of questions you (or better yet your lawyer) can ask her on direct examination:

Q: So it's your testimony here today that the accident was Oliver's fault, is that correct?
A: Yes.
Q: You spoke with Oliver on the day of the accident?
A: Yes.
Q: In fact you spoke with him in the parking lot of Rite Aid.
A: Yes.
Q: And this was immediately after the accident, right?
A: Yes.
Q: At that time you gave him your insurance information?
A: Yes.
Q: You told him your insurance company was [Geico]?
A: Yes.
Q: You told him your policy number was 123456789?
A: Yes.
Q: You gave him your telephone number too, didn't you?
A: Yes.
Q: But he didn't give you his insurance information, did he?
A: No.
Q: And he didn't give you his phone number either, did he?
A: No.
Q: If the accident wasn't your fault, then you would have no reason to give him YOUR insurance information, WOULD YOU?
A: Um.... Um....
Q: In fact, if you felt the accident was his fault the day it happened, you would have DEMANDED HIS insurance information, is that correct??!!
A: Um... Um...
Q: But you didn't get his information, did you?!!!!
A: Um.. Um..
Q: AND YOU GAVE HIM ALL YOUR INFORMATION, DIDN'T YOU!!!!!!?
A: Judge, please feel sorry for me because I'm a little old lady...
Q: No further questions BEEYATCH!!!
I would definitly want you on my side
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Old Dec 16, 2004 | 11:51 AM
  #37  
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Originally Posted by Allzwell
Always ... Always ... Always carry a disposable camera in evry vehicle. The pictures will probably be bad quality but they will be plenty good enough to show an accident scene and help determine whos fault it was and who was there. Take her picture too, that way she is there and her vehicle is in the lane and yours is in the proper position.

Takes away the he said / she said.
I had the he said/she said thing happen to me when a school bus side swiped me at a red light. If I had a camera to take a picture it would have clearly shown the bus 2 feet in my lane. She told her insurance company it was my fault, luckily my agent could tell by the damage to my truck it WAS HER fault. I now carry a disposable camera.
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Old Dec 16, 2004 | 11:55 AM
  #38  
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Originally Posted by OliverM5
I was in the parking lot of a RiteAid on Monday when an old lady backup up into my car...
What was damaged and how bad was it?
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Old Dec 16, 2004 | 12:00 PM
  #39  
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Originally Posted by AC54ME
Then the question would be:

"Did you contact the police in relationship to the failure of (insert your name here) not providing you his information"?

Answer:"No"

"Why not"

Answer: "ummmmm
You can't trust anyone these days, especially little old women. Always call the cops and get them to make out an accident report. Good luck on getting her to pay but it sounds like its your word against hers....unless you have sealawyer as your atty. by the way....i'm with Zilla on kicking her *** if she doesn't pay. i quote chris rock on this "nobody's above a good *** kickin'" just kidding of course.
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Old Dec 16, 2004 | 12:30 PM
  #40  
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Just a word of advice so this can be avoided byother members. Carry a digital camera or a disposible camera with you at all times. Disposible camera are cheap and can be easily store in the rear hatch compartments.

Last edited by Zilla; Dec 16, 2004 at 12:33 PM.
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