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Subject:Re: venting about irresponsible drivers
From:Roy Nicholl
Date:Mon, 29 Aug 2016 21:29:34 -0300

David:

Any chance there are surveillance cameras in the area?

> On 29-Aug-2016, at 18:53, David McNeely <davmcneely40@GMAIL.COM> wrote:
>
> I need to vent.  A week ago (last Tuesday afternoon, actually), I took my
> 1991Volkswagen Vanagon GL Campmobile out to pick up some furniture.  I
> stopped at a stop sign that controls entry from a ramp into a Y where two
> other roads enter.  Both of those other roads have curves in their approach
> to the intersection that make the sight distance short.
>
> So, I stopped at the sign, then, creeped forward a bit to get a better view
> of oncoming traffic, and stopped again.  Just after I stopped the second
> time, a vehicle hit the camper's rear bumper, thwack!.  The damage was
> minor, a broken bumper on the passenger side rear, a small ding in the
> D-pillar, two mangled bumper mounts.
>
> The other driver and her husband both got out of their small SUV, as my
> wife and I did from the van.  We all surveyed the damage.  Their RAV4 had
> more, the grill, a headlight, a fender, the bumper all being sort of
> mangled.  Their vehicle was about ten feet behind ours, which had been
> pushed forward by the impact.
>
> The other driver was exceedingly apologetic, saying over and over that she
> was extremely sorry that she had hit us, and that she was certain her
> insurance would take care of the damage.  Her husband observed that the
> damage to our vehicle was minor AND THAT IT WAS QUITE OLD.  I pointed out
> that being a classic and their being a hot market for these vans, I would
> have to fix it.  He also said that their insurance would take care of it,
> and he pulled out registration papers and insurance card.  We exchanged
> information, and both drove away.
>
> The next morning I called her insurance agent, and was referred to the
> claims department (of State Farm).  At first I got the spiel from the
> adjuster about using the State Farm appraisal system.  I listened politely
> and observed that I would get estimates from independent body shops.  He
> demurred on that, but then said I would hear back from him later the same
> day.
>
> An hour later, a different person called me from State Farm to inform me
> that liability was denied, as the other driver stated that I had backed
> into her when she was stopped behind me.  No witnesses except ourselves.  I
> do not carry collision insurance, even on this rather pricey vehicle, as I
> prefer to drive self insured, expecting to pay my costs if I am at fault,
> and to rely on my liability insurance to fix the other driver.
>
> But that leaves me with no representation to collect from the other
> driver.  I have considered small claims court.  It will cost me about $2K
> to fix the camper.  In court, it would just be my explanation against the
> other person's, with the only witnesses being the two drivers and their
> passengers, both spouses.
>
> Any advice?  One thing I learned, despite police admonitions to just
> exchange information and be on your way, if I ever have another accident, I
> definitely will call in a patrol officer.
>
> mcneely