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Old 12-08-2014, 11:11 AM
 
7 posts, read 11,708 times
Reputation: 10

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Going from a 4 way stop, some guy in a huge Cadillac SUV thingy hit the rear wheel & quarter panel of my brand new MINI Cooper Roadster that I was driving for the 2nd time!
Of course he's saying it was my fault, although I know for a fact that when I arrived at the Stop limit line, he was behind the car that was that his line. I didn't even see it coming as he hit the rear passenger side and damaged at a minimum the body and the wheel & suspension. The car is not driveable.

Even having driven since 1986, I have never been in an accident this serious, and where the other driver is denying fault. We both called 911 at the time, and, with it being LAPD, were told that if there weren't any injuries, that the police will not be coming out to take a report.

So, assuming that his insurance will deny fault, what is my course of action? Do I call a lawyer like Larry H. Parker, or is that only if I'm injured?

Did I mention that we had literally just bought this car and driven it about 100 miles????

Last edited by trietta; 12-08-2014 at 11:50 AM..
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Old 12-08-2014, 11:25 AM
 
3,280 posts, read 3,794,971 times
Reputation: 3987
I would think your insurance would provide a lawyer, I dont know for sure.
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Old 12-08-2014, 11:25 AM
 
Location: East TX
2,090 posts, read 2,002,921 times
Reputation: 3188
Submit the claim to your insurance with a detailed explanation and let them fight over liability and manage the claim. They can afford the lawyers and do this for a living every day.
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Old 12-08-2014, 11:25 AM
 
755 posts, read 1,326,411 times
Reputation: 930
Very sorry to hear about that. Terrible that it happens at all, even worse on a brand new car.

That said, you call your insurance company. The only thing that proving fault does for you is:

1 - Saves your from paying your deductible
2 - Potentially help you from rate increases if your insurance company finds you at fault and adjusts future rates.

I have no idea who Larry H. Parket is. For #2, don't think a lawyer does anything. Insurance companies will determine fault in their own way, particularly if no police are involved. From your description (his front into your rear side), I imagine insurance will find him at least partially at fault, but they may not. Don't forget, they will want to pin it on the other driver as well if possible to save their costs.

For #1, not sure how much your deductible is, but if it isn't huge, there isn't going to be a way to make the cost work for a lawyer. It will cost too much if you pay hourly, and won't be enough for them to recover on contingency.
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Old 12-08-2014, 11:28 AM
 
3,201 posts, read 3,543,605 times
Reputation: 4407
"cadillac suv thingy. lol
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Old 12-08-2014, 11:28 AM
 
1,009 posts, read 1,530,643 times
Reputation: 843
If he rear-ended you, he will have a VERY difficult time trying to prove that it was your fault, especially at an intersection that was stopped. If he hit you as you were driving through the intersection, it becomes more hazy.
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Old 12-08-2014, 11:29 AM
 
358 posts, read 667,802 times
Reputation: 459
With no injuries, it is not going to be practical to involve lawyers. UNless you are disputing over $50,000 U. S. Dollars or more, it is not worthwhile. The insurance carriers will simply work something out.
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Old 12-08-2014, 11:46 AM
 
7 posts, read 11,708 times
Reputation: 10
I was driving east bound and he was traveling north bound. When I got the the stop sign, the northbound car before him left and a south bound car left slightly after. Once the southbound car cleared the intersection, I proceeded. I was 2/3 thru the intersection when he slammed into my rear passenger side quarter panel and wheel.

Ugh. Makes me sick to my stomach.
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Old 12-08-2014, 12:08 PM
 
48,516 posts, read 83,524,755 times
Reputation: 18035
Quote:
Originally Posted by trietta View Post
Going from a 4 way stop, some guy in a huge Cadillac SUV thingy hit the rear wheel & quarter panel of my brand new MINI Cooper Roadster that I was driving for the 2nd time!
Of course he's saying it was my fault, although I know for a fact that when I arrived at the Stop limit line, he was behind the car that was that his line. I didn't even see it coming as he hit the rear passenger side and damaged at a minimum the body and the wheel & suspension. The car is not driveable.

Even having driven since 1986, I have never been in an accident this serious, and where the other driver is denying fault. We both called 911 at the time, and, with it being LAPD, were told that if there weren't any injuries, that the police will not be coming out to take a report.

So, assuming that his insurance will deny fault, what is my course of action? Do I call a lawyer like Larry H. Parker, or is that only if I'm injured?

Did I mention that we had literally just bought this car and driven it about 100 miles????
911 for a minor accident? Its up to insurance companies to settle. Read your policy they have right to represent you and with no injury a lawyer isn't going to touch it without cash upfront. Also likely you have to fill out and report to state your version.in Texas its called a blue form. That sis why you carry full coverage. He said she said thing.
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Old 12-08-2014, 12:13 PM
 
Location: Kalamalka Lake, B.C.
3,044 posts, read 3,983,347 times
Reputation: 3898
Default sounds like he just wasn't paying attention

Quote:
Originally Posted by trietta View Post
I was driving east bound and he was traveling north bound. When I got the the stop sign, the northbound car before him left and a south bound car left slightly after. Once the southbound car cleared the intersection, I proceeded. I was 2/3 thru the intersection when he slammed into my rear passenger side quarter panel and wheel.

Ugh. Makes me sick to my stomach.
That looks good for you, as you were hit in the rear passenger side, which means you probably had what traffic safety calls "command of the intersection". If he had hit you in the center or front panel it would be more of a dispute.

Draw a clear diagram while you memory is fresh. Put together a complete file. Did you take photos of the vehicles/any material in the intersection and mark it's place?

He's disputing. Was that in the field or later? Did either of you have passengers? (they lie as well)
Did anyone come to your assistance? I've witnessed ten something serious accidents in my million miles of driving and never had to go to court because my statement/drawing was fresh and clear.

If he was on his cell there would have been a timeline. Did you note the EXACT time of the incident?
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