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Subject:Re: venting about irresponsible drivers
From:Stuart MacMillan
Date:Tue, 30 Aug 2016 12:23:42 -0700

Well, if that's their story then their insurance company will go after yours for payment, which will be a lot more than your $2000 damage.  It will impact your policy record instead of theirs, which is why they are lying about this.

Comprehensive coverage with a $500 or $1000 deductible is cheap, and then your agent will sort it out with their agent. This will likely happen anyway, so be prepared to fight.

Stuart 

-----Original Message-----
From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com] On Behalf Of David McNeely
Sent: Tuesday, August 30, 2016 11:07 AM
To: vanagon@GERRY.VANAGON.COM
Subject: Re: venting about irresponsible drivers

Well, for those of us who haven't found a need for one of the newer type phones (I do have a cell phone, but it is an old style flip phone, without all the newer gadgetry) these approaches don't work.  I didn't know that everyone emerges snapping pictures of everything, and recording everything.  I guess that's what I get for being an old fart.

And I never imagined that someone who says repeatedly that an accident was her fault, and who states that her liability insurance will take care of the damages, would then falsify a statement to her insurance company and deny liability.  I also learned, regarding that being a felony:  Nope.
Only if the intent is to defraud THE INSURANCE COMPANY.  Defrauding the victim seems to be no big deal.

Well, old farts can learn, and I am doing so.

On Tue, Aug 30, 2016 at 10:31 AM, PB <pbrattan@gmail.com> wrote:

> I think the video recording is the best solution. Nowadays, everyone 
> who has a fender bender comes out with a cell phone snapping pictures. 
> It's just a normal practice, and is not usually interpreted as 
> aggressive or accusatory.  You can appear to be snapping photos, but 
> actually recording, and the other party will not even know it. Even if 
> you should put your phone in your shirt pocket  or hold the phone 
> downward in your hand, the audio will still continue to record in most 
> of the newer cell phones. I actually never thought of this myself, but  
> it would be best to check to find out if your cell phone has limited 
> recording time.  In that case you should have an audio recording app 
> icon easily accessible on your home screen.  They usually have longer recording times.
> Patti
> 90 Westy automatic
>
> On Tuesday, August 30, 2016, Greg Childs <Greg@gregorychilds.com> wrote:
>
> > The last time I was rear ended I immediately turned on the video 
> > camera
> on
> > my smart phone and exited my vehicle. The phone captured my 
> > description
> of
> > the situation and other drivers' admission and apology. I continued 
> > to video record the damage, license plates, documents, and the driver.
> >
> > -------- Original Message --------
> > Subject: Re: venting about irresponsible drivers
> > From: Roy Nicholl <RNicholl@NBNET.NB.CA 
> > <javascript:_e(%7B%7D,'cvml','RNicholl@NBNET.NB.CA');>>
> > Date: Mon, August 29, 2016 5:29 pm
> > To: vanagon@GERRY.VANAGON.COM
> > <javascript:_e(%7B%7D,'cvml','vanagon@GERRY.VANAGON.COM');>
> >
> > David:
> >
> > Any chance there are surveillance cameras in the area?
> >
> > > On 29-Aug-2016, at 18:53, David McNeely <davmcneely40@GMAIL.COM
> > <javascript:_e(%7B%7D,'cvml','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
> >
> >
>
> --
>
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