accident report

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my wife had just left a stop sign and was driving approximately 30mph in a 35mph zone on a city street. a truck pulling out of a bank parking lot
somehow "didnt see" my wife in her quad cab long bed 1 ton truck and he t-boned her. my wife and the kids are all fine, my son who was sitting at the door that got directly whacked never even stopped playing his video game.
as you can see the door is crushed, the bed is crushed, and the pillar that goes between the back of the door and the bed is also crushed. to say im "angry" would be an understatement. her truck that stickered for nearly $45,000 has just been devalued. when it comes time to trade or sell, carfax will show its been wrecked and you know what that does to the value of a vehicle.
what i really dont understand is that the highway patrolman didnt write the driver of the other truck a ticket for anything. it was clearly his fault, he claimed the sun was in his eyes (although my wife had headlights on due to dusk setting in!), he impacted her truck, yet he didnt get a ticket? the reason this concerns me is that im afraid this will hurt our ability to collect from his insurance company, or does this really even matter? i called the highway patrol who told me that they dont determine the fault of an accident....told me that was a misconception about their role. is there something different about montana law or is it that way everywhere?
im also wondering what my realistic rights are here. the pillar between the door and the bed cannot be replaced, and i dont want to continue making a $700 payment on a truck thats been bondo'd.
i have an appointment to see an attorney, but am wondering now what i can expect. i know accidents happen but were it not for his negligence our truck wouldnt be smashed now.
Nathan W. Collier http://InlineDiesel.com http://UtilityOffRoad.com http://7SlotGrille.com http://BighornRefrigeration.com
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Glad to hear the family is okay.

Cop could have cited for a number of things, but chose not to for some reason.
Point of impact usually tells the story. It does in your case. Your truck was clearly more than half way through the intersection, no damage to front fender or door.

They can put in a new panel and pillar I believe.

Each state has differnt regs. The attorney can shed more light on it.
Roy

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many thanks. this is exactly why my wife is driving a 1 ton truck instead of the cute-ute that she originally wanted.

my insurance company said its irrelevant. looking at the pictures and reading the accident report, my insurance company assured me that fault is not in question so the ticketing is apparently irrelevant.

wasnt even an intersection of streets, it was a parking lot driveway that he came through without stopping.
Nathan W. Collier http://InlineDiesel.com http://UtilityOffRoad.com http://7SlotGrille.com http://BighornRefrigeration.com
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No one was injured. Why do you need an attorney? What law did he break? Did he run a stop sign? Did he run a red light? Was he speeding? If the police did not witness any broken laws or the accident, it is unlikely that they would issue a summons. No one likes bondo. Unless the truck is totalled or you are willing to sell it, get used to it. The pillar has minimal damage that can repaired. Why do you want a new one? Unless you are willing to pay the difference, neither insurance company is required to replace a repairable part. The bank won't care what condition your truck is in. They will still want their payment. I'm pretty sure there is no bondo exclusion in your loan agreement. The sun is usually more of a problem at dawn and dusk. It if was noon and the sun was overhead, the sun is a non-issue. Sorry to sound pesimistic, but accidents happen. Your insurance company should provide you with an attorney if there is any litigation. Why do you have one already? You paid a premium for your insurance company's help during an accident. Ask them these questions. There's no reason to hire an attorney of your own.
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depreciation compensation. you ever try to tell/trade a vehicle thats been wrecked?

failure to yield?

speeding in what sense? for the highway speed limit, no. the impact occured where the driveway meets the street, and its determined that he was running an estimated 35 mph. obviously he didnt stop (unless a truck with a loaded 8-horse trailer can accelerate from 0 to 35mph in 5 feet). i dont drive 35 mph through bank parking lots, and dont consider it reasonable for others to either.

and this is why im seeking the advice of an attorney. i will not pay for bondo. it didnt have bondo on it when i bought it, and im not going to settle for it now due to HIS negligence. why should i have to live with bondo due to HIS negligence?

the door and the bed can both be unbolted and replaced. the pillar cannot be replaced without being frankensteined.

i never said i was going to default on my loan. i said i wasnt going to pay for bondo. this is why im getting an attorney. if bondo is "no big deal" then surely they wont mind taking the truck for themselves and reselling it. they can take the hit, i wont.

ill certainly consider a fair depreciation offer. otherwise ill get it through the courts. im not looking for unjust compensation, only realistic loss compensation. nobody is grabbing their neck crying whiplash or asking for one dime of "pain & suffering" (this despite my wife is in moderate pain in her back, but feels it will pass). im only trying to prevent eating depreciation due to the negligence of someone else.
my brother bought a new suburban last year. less than a month later a car ran a light and smacked them. $4800 later the truck was repaired and when he attempted to trade it, the truck was devalued an estimated 30% due to having been wrecked. had he gotten an attorney he could have recovered depreciation compensation.....since he didnt, hes stuck with a truck he no longer wants because he owes WAY more on it than it will sell for now thanks to the negligence of someone else. this is why im trying to protect my interests now. my insurance company said to let them see what they can resolve before i seek outside counsel, but consultations are free.
Nathan W. Collier http://InlineDiesel.com http://UtilityOffRoad.com http://7SlotGrille.com http://BighornRefrigeration.com
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If the attorney is free, then I see why you're going that route. If you want to get reimbursed for depreciation, I'm guessing that a litigation on your own will be the only way. I'm sure that insurance policies have language to prevent them from having to litigate depreciation because if they didn't, everyone involved in accidents would be seeking depreciation compensation. Good luck with this nightmare. John
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On Thu, 17 Nov 2005 12:00:32 -0700, "Nathan W. Collier"

Maybe that trailer and load kept him from being able to stop.
<snip>

Even if your wife thinks it will "pass", IMO, you would be a fool not to, at the very least, document this pain by a visit to either a doctor or the ER.
My wife got rear-ended while sitting at a stop light. It wasn't a severe crash, but enough that she did suffer some neck pain. She ignored it. Eventually her condition got worse and it was hell going back to get the other driver's insurance company to pay. IIRC, she ended up going through workman's comp insurance to cover medical treatments. She was working at the time of the accident.
That was 23 years ago, she is still suffering from the damage done in that tiny little accident and it's contiuned to worsen.
<snip>

DJ
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which would further demonstrate his level of negligence.

she an ICU RN and while at work tonight, she plans on getting checked out.

ouch........sorry to hear it. youre lucky she was able to get it in under workmans comp. any dealings ive had with workmans comp (for my employees) has always been like dealing with the IRS.....you can just feel their evil. :-)
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Nate, if he T-boned your wife's truck doing 35MPH, I am _SERIOUSLY_ impressed at the level of damage.

So now we're talking a 35MPH impact from a, what, 20,000lb vehicle? Either he was going far slower than that, or you got one of the rare armor-plated COMBATT Rams :)
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im just going by the highway patrols statements that they base on load, skid marks, etc. his estimated speed was 30-35 and my wifes estimated speed was 25-30 which my wife verified.
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Nathan W. Collier wrote:

They may have been going 35 at the time they applied their brakes, but it sure doesn't look like the damage to your vehicle was caused by a vehicle going 35 at the time of impact! Did they write those estimates in their police report? That would surprise me because they don't normally go to the expense and trouble of calculating estimated speed unless a fatality was involved. It takes a lot more to estimate speed than just measuring skid marks. For an actual assessment they need to weigh the load, check the brakes on the tow vehicle and trailer, measure the tread, take tire samples, check the air pressure in the tires, check the air temperature, humidity, and check the friction quotient of the asphalt or driveway surface if they want it to hold up in court. They don't normally do that for fender-benders. Of course nowadays they would just get a search warrant in a fatality case and obtain the actual speed from the vehicle computer.
John
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i dont know, it will be 10 days before i can access the report. the 30-35mph estimate was given to me by the highway patrolman over the phone.
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JPH wrote:

You're absolutely correct. A unloaded 1/2 ton truck traveling 20 mph will skid approximately 25 feet in a panic stop. If this truck had a trailer hooked to it then skid marks will tell absolutely nothing as far as his actual speed. Especially if he only had a few feet to skid anyways from a parking lot entrance into the traffic lane. Tom pointed that out in his first post but decided to change his tune when it was time for lets fuck with Tbone again. With my truck I have a dead spot on the passenger side from the side mirror and several times I have almost pulled out in front of someone when the timing was just right. It could be just what it is....... a accident and calling the other guy a moron when you don't really know the circumstances is stupid. The only thing some of you people are interested in here is just another stupid pissing thread with as usual Max leading the charge. Grow up............
Jerry
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Indeed, grow up Jerry. As usual you, among others, overstate the amount that I post on this newsgroup. Secondly, I posted in reply to someone who obviously had no idea of how things might actually be. Third, Nate has genuine concerns, and whether you believe them to be logical or not, its clear your reply (just making a mountain out of a molehill?) was meant to stir things up, not help him with his concerns.
If you are going to bitch at somone for behaving a certain way, its best to be sure you don't do exactly what you are complaining about.
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Max Dodge wrote:

You don't see me jumping into threads posting bullshit that I know is wrong just to keep a pissing match going on and that is just what you do on a constant basics. Any time, night or day, all anyone has to do is log on here and it is the same old crap between you and Tbone and lately Tom Lawrence who by the way seemed to avoid that petty crap in the past. Nate has a right to be upset about a accident that could of injured his family but all it is going to cost him now is the loss of his truck for awhile while being repaired but his concerns about depreciation is a mountain out of a mole hill. You fix the truck and go on.... nothing more and nothing less. Don't give me this crap about looking in a mirror as you are involved in every thread that is a bitch thread and you know it. Grow up.............
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And ya don't see me doing that on a constant basis either. Yet, as you complain about it, here you are, bitching again about something that is so insignificant as to be a "mountain out of a mole hill."

More bullshit. You have a vivid imagination, or just don't really read that much.

Yeah, well, some days its just fun to slam the idiot around, especially when ya can't see his face and take pity.

I disagree, and thats why I posted. While you are correct in some of what you say, you forget that the general buying public doesn't know all that you know. As such, it is legitimate for Nate to be concerned about resale value. In fact, its an astute businessman that not only knows about it, but covers his ass on such matters.

Proof of what I have said is in your idiotic reply.
Go ahead, have the last word, then shut the fuck up.
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Max Dodge wrote:

Awww.... poor little man. Now he is resorting to high school tactics to try and get the last word in.... grow up Max.
Jerry
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You've proven me correct three times. I rest my case.
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Max Dodge wrote:

LOL...... here he is again..... poor baby. Your chain is getting longer and longer there Max. Grow up......
Jerry
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wrote:

while i don't necessarily disagree with some of what you have said jerry, for crying out loud, that is exactloy what you did here and what you have doing lately when you decide to post. you jump in and post bullshit that is only going to stir things up again. if you slow down a bit, and relax, you'd be able to see that nate was pissed and wanted some other people's opinion of what happened. some gave good advise and some went off on the holy grail route.
doesn't seem like all that big a deal really.
and for tbone and max, that does get a little old, but it just seems to be their calling. i try to stay out of that. max really does like to bait tom, and tom has the rare ability to constantly jump into areas where he has no knowledge and tell people what to do. tom pretty much ends up in the shit with everyone. he has some good advise if he would just learn to stay in areas that he knows what he is talking about, he would do much better. i am pretty sure that he is on a few other forums that i read (that is why i keep asking if he is t_bone from arizona) because the comments are so similar and he ends up in the shit with everpyone there too.
it is interesting though that the onlly time i see you here anymore is when you blast in all pissed off, pitching shit on people, because they pitched shit on people.
just saying jerry.

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