What would you do?
Thread Starter
Melting Slicks
Joined: May 2000
Posts: 2,161
Likes: 17
What would you do?
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 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??
Burning Brakes
Joined: Jun 2001
Posts: 1,048
Likes: 0
From: Harrisburg PA
Do you have a "friend" that can be a witness?
I don't know CA law, but in PA, most parking lot fender benders are considered no-fault for either party Hopefully someone in CA knows for sure. Good Luck!!
I don't know CA law, but in PA, most parking lot fender benders are considered no-fault for either party Hopefully someone in CA knows for sure. Good Luck!!
Team Owner
Joined: Jan 2002
Posts: 23,234
Likes: 4
From: All that glitters is Gold - Hockey Is CANADA'S game
Cruise-In VI Veteran
Cruise-In VII Veteran
St. Jude Donor '05-'06
First, I would Kick her ***, Nowadays you can't trust anyone 
Second, Go back to RiteAid and see if they have a video of the incident from their cameras
Second, Go back to RiteAid and see if they have a video of the incident from their cameras
Thread Starter
Melting Slicks
Joined: May 2000
Posts: 2,161
Likes: 17
Originally Posted by Zilla
First, I would Kick her ***, Nowadays you can't trust anyone
Second, Go back to RiteAid and see if they have a video of the incident from their cameras
Second, Go back to RiteAid and see if they have a video of the incident from their cameras
Race Director
Joined: Sep 2004
Posts: 12,071
Likes: 0
From: Hoover Alabama
Originally Posted by Zilla
First, I would Kick her ***, Nowadays you can't trust anyone
Second, Go back to RiteAid and see if they have a video of the incident from their cameras
Second, Go back to RiteAid and see if they have a video of the incident from their cameras
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Melting Slicks
Joined: Jan 2003
Posts: 3,417
Likes: 2
From: Annapolis MD
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!!!
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!!!
Last edited by JohnTheStigGalt; Dec 15, 2004 at 10:22 PM.
Team Owner
Joined: May 2001
Posts: 25,058
Likes: 1,265
From: Virginia
St. Jude Donor '11
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!!!
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!!!
...will you be my lawyer 
Thread Starter
Melting Slicks
Joined: May 2000
Posts: 2,161
Likes: 17
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!!!
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!!!
Race Director
Joined: Oct 2002
Posts: 11,945
Likes: 12
From: Vancouver
2015 C5 of Year Finalist
St. Jude Donor '05-'06-'07-'08-'09-'10
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!!!
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!!!
Team Owner
Joined: May 2001
Posts: 25,058
Likes: 1,265
From: Virginia
St. Jude Donor '11
Originally Posted by SeaLawyer
Sorry, but I'm only admitted to practice in Florida... its ok...i'll move to Florida..seems like I havent been able to get a good lawyer in years...maybe i'm too nice to them... 
Melting Slicks
Joined: Jan 2003
Posts: 3,417
Likes: 2
From: Annapolis MD
Originally Posted by OliverM5
Great advice - this is my only way out...small claims court....thanks!
If I were you, I'd sue her outright (and NOT TELL the insurance company), but then I have a free lawyer -- ME!!