Jump to content
HybridZ

any lawyers on the forum? I have a question


NKC_280z

Recommended Posts

Hello everybody,

 

A guy is trying to get me to pay for a new $754.00 rim on his car. My question is: Do I have to pay him..... Here is the story

 

On saturday a friend and I were running errands. While we were driving I stopped at a stop sign and proceeded to turn left on to a four lane road (two lanes heading north, two heading south). I made a full stop and looked both ways. There were NO cars heading north or south. Both my friend and I looked and the coast was clear. I pulled out into one of the inner lanes and signaled to go into the outer lane. while I was going into the outer lane I heard a horn so I jumped back into the inner lane. This guy pulls up next to me in a 2007 Roush Mustang 427R. He says "pull over! You made me scratch my rim!" So I pull over and the rim is barely scratched. It can be fixed easily but he wants a new one. He took my insurance information and when I asked for his he didn't give it to me so I called the cops. A cop came and we filled out a police report. He did have insurance. I told him that I didn't want to go through the insurance company and that I would just give him the money when I got paid.

 

But.... do I have to pay?

 

I think he was speeding when I turned out because there is a slight slope down the road that you can't see cars after about 50 feet. You can see cars that are going the speed limit but a car could creep up on you if it were speeding.

 

Also If he were going the speed limit he could have had control of his car and stopped in time. All he did was swirve which is why he scraped the curb.

 

Finally, our cars never touched. It wasnt a collision.

 

What do you guys think? Any help would be great.

Link to comment
Share on other sites

you don't owe him ♥♥♥♥. You're not responsible for his actions. There was no impact, make sure to notify your insurance of what happened, and your insurance will tell him to piss off.

 

Also, no proof that his rim was scratched right there. He could've curbed it earlier, and used you as a convenient excuse

Link to comment
Share on other sites

no go, your not liable for someone making a bad decision. no collision, no problem. your insurance wont pay it. or atleast thats how it should be... you should have told him to screw off at the scene. the police report at this point may hurt you depending on whats on it, he could take you to small claims court and try to use the police report to prove you caused damage to his car when he attempted to avoid a wreck... like when you total your car by swerving to miss an animal or something. its weak... but he could try it. he'd have to prove thats when the rim was scratched though...

Link to comment
Share on other sites

I once created a situation in which I caused another driver to swirve into a curb. I did acknowledge the fact I caused a dangerous situation and I paid for his damage. No collision, but I agree I made a dangerous move.

 

He can't make you pay for his rim UNLESS you created a dangerous situation. The questions is, WERE YOU DRIVING SAFELY? You have a witness(your friend) by you, would she agree that you were driving safely? Would she agree that you did a shoulder check and agrees there was no car visible in the outer lane when you switched? If you took all the reasonable safety precautions, then it is not your fault.

 

If the mustang swirved because you made a lane change without checking your blind spot, or you checked the blind spot but didn't really take the time to see.....you lose, and you should pay for it.

 

I told him that I didn't want to go through the insurance company and that I would just give him the money when I got paid.

 

That doesn't sound good to me at all. If I were a lawyer I will ask you to stop saying that. If you put that in the police report then it is even worse. If you say you are willing to compensate for the damage, then it is believable (to a judge) that you felt guilty and you caused the damage. When someone is innocent and feels outraged by an accusation, they won't say stuff like "I'll pay you as soon as I get the money." I am not saying you are at fault for sure, but it's a mistake inexperienced ppl make; they are not guilty but says something like "I'll pay ASAP."

Link to comment
Share on other sites

You aren't obligated to pay for anything. It's your word against his, and it won't be worth his time to take you to small claims court. The stand-up thing to do would be to offer to pay to Repair the wheel for him. If he doesn't accept that, then tell him to have a nice life.

 

Mike

Link to comment
Share on other sites

Guest Crispy Chicken

Pay a whole 50-75 bucks to the rim guy for a barely scratched rim??? Am I missing something here.. By the way if something like that went to the insurance company and an adjuster came out. They wouldn't replace the whole rim for a scuff.. People these days...

Link to comment
Share on other sites

You are liable. He had the right of way and you have to yield, and make a turn when it is safe to do so. Even if he was speeding you are not going to be able to prove it. He reacted to your "unsafe" turn.

 

Ex. You are driving and someone swerves into your lane and forces you off to the side of the road where you proceed to crash. The offending persons actions caused you to swerve right? Basically if he responded the way a "normal" driver would have responded, you will be found liable do to a failure to yield to oncoming traffic...

 

Remember if he were to file a civil action he would only have to prove the preponderance ex. 51% to 49% that what took place was what he described, which sounds logical...and he may ask for filing and court fees as well...

Link to comment
Share on other sites

Tell him to kick rocks, that wheel being scuffed has nothing to do with you, it's not like you whipped out in front of him or didn't give a signal, I would say he was going way too fast and can't drive so when he stood on the brakes then grazed the curb which or he's using you for an excuse. It also seems highly suspect that he didn't want to fork over his insurance when you pulled over. I would have never stopped myself, I hate people that pull this type of crap.

Link to comment
Share on other sites

Guest Crispy Chicken
You are liable. He had the right of way and you have to yield, and make a turn when it is safe to do so. Even if he was speeding you are not going to be able to prove it. He reacted to your "unsafe" turn.

 

Ex. You are driving and someone swerves into your lane and forces you off to the side of the road where you proceed to crash. The offending persons actions caused you to swerve right? Basically if he responded the way a "normal" driver would have responded, you will be found liable do to a failure to yield to oncoming traffic...

Remember if he were to file a civil action he would only have to prove the preponderance ex. 51% to 49% that what took place was what he described, which sounds logical...and he may ask for filing and court fees as well...

 

 

This is true but not in this situation. An unsafe turn and the other guy speeding is the same equal argument. Maybe if they were driving 70 MPH and the guy got cut off and swerved into a wall and his car blew up in a million pieces. With a good wittiness or wittiness's the other driver would be responsible. It all most sounds to me like the mustang guy was speeding and can't drive. Like others have said. Another thing we are forgetting no one would ever be responsible to replace a whole rim over a scuff. Something like this would never see a court room or an insurance company over 50-75 dollars.

 

Another thing I would have NEVER pulled over for some nut case in a situation like that. You had no reason to pull over. Give the guy the finger and drive away. I live in south Florida with car jackings and people getting shot all the time. If your going pull over make sure at least you have a loaded gun by your side...

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...