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SERIOUSLY NOW. Are you kidding me?!


nando280zxt

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Im so mad right now...im just wondering if this has happened to anyone else?

 

So on Nov 6, 2006 i was driving a little 89 toyota pickup on my way to my High school basketball game. As i turn left on a four lane road (two going one way, two going the opposite) i had a slight fender bender. Now im not denying i MAY have turned a little two wide and hit the car in the outside lane. But if i saw someone turning a little too wide i would slow down and try to move out of the way. Especially if your only going 40 mph. Anyway i still don't think i turned to wide. Well the only damage my truck sustained was the front right fender was a little scraped, and the bumper looked like it got clipped by the other car so the front grill was skewed. The other car just had its front left fender damaged and the front turn signal. The cops were called but he didn't write either of us a ticket. Insurance information was exchanged. Thats the end of that right? I gave my report to the insurance company and they would take care of the claim. Well i guess this lady didn't like the way things turned out because all of a sudden she complains that she's "injured". COMPLETE bs. So today i got a subpoena in the mail and a letter from my insurance company that after TWO YEARS an agreement hasn't been met. And she hired an attorney to file a lawsuit. So now i have to go to court. I really don't know what's gonna happen, and i'm infuriated that this is even happening.

 

 

What do you guys think?

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So today i got a subpoena in the mail and a letter from my insurance company that after TWO YEARS an agreement hasn't been met.

 

In the state of Oregon, suit must be filed within two years to avoid statute of limitations.

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Facts are you hit her, and therefore your at fault. If you hadnt ran wide it wouldnt have happened... its not her fault for not avoiding you.

 

As for her injury, Its hard to know if her "pain" is in fact caused by the accident. There are injuries that take years to come to the surface, but how would you know what it was from?

 

Just a idea, she might have gotten injured and doesnt have health insurance. It was convenient for here to come after you for some $$$.

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Do you know the cop's badge number? can you ring the Police Dept and

get a copy of his report? even if no ticket issued, since he was called to the scene SOP is to file an incident report on every such call. If his report makes no mention of an "injury" and you can get the cop along to testify that the woman showed no signs of injury at the time, then you have a good chance with a good lawyer of having her case dismissed and a countersuit for stress, inconvenience and mental distress has a good chance of prying damages out of her.

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It is a shame that it has come to this.

Hopefully you have pictures, if not, contact the insurance company and find out where she got her estimates and hopefully they kept pictures. Bottom line, go prepared, but at the time of the incident, you were insured and the insurance agency should be representing you.

My daughter had a fender bender a couple of years ago. Heavy stop and go traffic on the main highway near home. 5 - 10 mph at most. Someone changed lanes abruptly and the car in front of her stopped short and she bumped the lady. My daughter was driving an Audi TT and cracked her front plastic bumper cover, but the lady's bumper received $59.00 of damage. $59 is a scuff of paint that the body shop buffed out. The lady that was hit then claimed that she had serious back and neck injuries! My insurance company was awsome, they said that they love these kind of BS claims. They went after the lady and the injuries suddenly just "went away". People are rediculous as far as their claims and they think that these type of incidents are their tickets to riches.

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People sometimes think they won the lottery when accidents happen.

They figure that they can get money from the ins. company cuse thay got lots.

Liked mentioned before, money may be tight and she may be looking for an easy buck.

I always find it odd how people don't mind "taking" as much as they can from others, without recourse.

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Many years ago the same thing happened to me in San Diego, it was a case of two people wanting one lane, somehow she got lucky and I was found at fault. I called my insurance company, they fixed her car less than $1000 in damage and that was that. Years go by then this chick files a law suit the day prior to the 2 years running out. I turned it over to my insurance company to fight, the case was dropped when my company State Farm at that time showed that they were willing to fight it. It is the reason we have insurance, don't worry about it too much I am sure if your insurance company is good they will get it dropped.

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In legal terms if she already had a neck injury and your crashing into her aggravated it, you (your insurance company) would be held responsible. It has nothing to do with you, and it shouldn't affect your insurance premiums more than it already has. The reason that you haven't heard anything more about it is probably because she has been waiting to see what exactly the damages would be (total $$$ amount of doctor's bills, etc). If she's making the injury up let the insurance company deal with that. Above and beyond that, as weird as it sounds it's really not your problem unless she's trying to get more money than you are insured for. I'm guessing by the fact that you were driving an 89 Toy 2 years ago that you don't have deep pockets. Go to court if you need to, I'd be surprised if it got that far, be courteous, and go about your life without letting your stress level get too high over this.

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And more than anything else, if you do have to go to court go prepared. Copies of the police report, pictures if possible, a copy of the estimate submitted to the insurence people. Bring anything you can get your hands on that is relevant. Better to go with information and not need it than to need information and not have it. Good luck

 

-polarity

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It has nothing to do with you, and it shouldn't affect your insurance premiums more than it already has.... let the insurance company deal with that.

 

Agreed. I had something similar happen quite awhle ago but my insurance co. told me not to worry about it. The lady was actually calling me at my house and stuff. Anyway, I don't think anything actually came of it, but it was wierd.

 

Sucks they sent a subpoena, but don't sweat it. Just tell the truth and whatever happens happens.

 

Good luck

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Thanks alot guys. Well i remember when the police interviewed us both she said she was fine and not injured. Anyways, Allstate has everything covered pretty much, i just have to go testify. Surprisingly my rates never went up. And i was 17 then so i would have thought they would have. But thanks again for the input.

 

 

 

On a lighter note..... i bought a very tired 280z today! It runs like heck...but it still runs! =)

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HA!

 

This same sort of thing ALMOST happened to me when I was in HS. A yellow convertible exotic car was in the inside turn lane, I was in the outside turn lane. When the light turned green, he decided to pull into the outside lane in the middle of the turn. MAYBE he didn't realize that there were actually TWO turn lanes, who knows. I was on the brakes and horn HARD. I missed being hit, and I am glad it didn't happen, and I learned something that day...NEVER be in the outside lane of a multiple turn lane system.

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