Trying to demonstrate impact on 90 Accord

This is starting to feel like a CarTalk puzzle, but here goes:

I got rear-ended recently by a 2005 Chrysler Pacifica that pretty much bashed in the rear panel of my 90 Accord beyond reasonable repair. The trunk lid seems to have popped out of the way -- though it is bent and won't close, it's not crushed -- and the bumper looks fine, as if the other car hit above it.

The party who hit me had a bumper on the ground when the accident happened, but in the time between then and when they finally responded to their insurance company weeks later, they'd replaced it and denied anything ever happened.

While there's probably not much I can do to generate actualy proof anymore, I am curious about one thing -- their insurance company said the Pacifica front bumper was too low to have possibly caused damage above my 24-inch-high bumper. I was at a stop, facing downhill, and the person who hit me claims she was hit from behind first. Can anyone think of how this could have happened? The insurance company says it's completely impossible for that car to have caused the damage. I can only shrug and say, maybe I was dreaming, but I dreamt someone's insurance policy number onto a piece of paper in their handwriting if that's the case.

Reply to
Pete from Boston
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You're obviously dealing with a liar who is attempting to evade responsibility. That's another crime.

One scenario is that the Pacifica's bumper crumpled, and the damage to your car was caused by material ABOVE the Pacifica's bumper. Either that, or the Pacifica, if it was hit from behind, lurched upward somehow to hit you.

It's all moot if the Pacifica's driver wrote their insurance claim number for you. That, in itself, is admisison that the incident happened.

You should be able to wreck that bastard in court, if you can hang out long enough...

Reply to
Larry in AZ

Police report?

Reply to
john doe

Always CALL THE COPS! I know that this wont help you now but it will next time. If you have full coverage insurance just pay your deductible and let the insurance companys duke it out. If your side wins you will get your deductible back. If you don't have full coverage you can sue the person that hit you. As far as I know just because the insurance company screws you over that does not make the person who hit you not responsible for the damage that they caused. Did you get the name address drivers license number license plate number from the person that hit you? If you did I would show up at there house and ask them why they are trying to screw you over. People will sometimes cave in if they are confronted with there lies.

Reply to
william1977

There was a cop there when it happened. I asked for his assistance. He said to go away. Seriously. "What should I do?" I asked. "You should go back to your car," he replied. "About the accident, I mean," he said. "Go back to your car," he said. I may be pursuing that situation a little further.

Later, when I called the insurance company and they asked if I called the police, I explained what had happened. They asked if I'd gotten the other person's info, and said, "Sounds like you did what you should have." At the time it didn't occur to me that there was anything to be achieved by calling the cops, but only now do I realize it would've made some difference.

Reply to
Pete from Boston

Unlikely. Out of state, for one. No hard evidence, second. And lastly their insurance company is unimpressed that I magically have someone's info without them hitting me.

It was pouring rain and I had a lot on my mind in the post-accident whirlwind (word to the wise: get in an accident only with a friend in the car to remind you of these things), and idiot me didn't take pictures. I will never make that mistake again.

But yes, in the time I kept calling their company and asking if they'd gotten in touch with them, they kept telling me "they have 30 days to respond," plenty of time to get their own minor damage repaired. I kept telling their company this, and then was, of course, not the least bit surprised when they lied.

Reply to
Pete from Boston

The police actually have to be dispatched to an accident unless they actually saw it happen.

Reply to
william1977

Pete from Boston wrote in news: snipped-for-privacy@o61g2000hsh.googlegroups.com:

You DID exchange insurance and license information? that alone would be evidence that -something- happened. Else why would she give you her info?

ALWAYS call the police and get a police report filled out. Cellphone cameras are VERY useful,too. Or if there's a drugstore nearby, buy a disposable camera and take pix.

regardless of whether she was hit from behind,she still is liable for damage her vehicle caused to your auto.

Reply to
Jim Yanik

You may be be screwed? If the other party is denying it ever happened then it's your responsibility to prove that it did. Your 90 Accord is older than my 92 Civic. Repair the damages to have it pass safety inspection and move on. We're both driving old cars.

Minor accidents are bad news. Police don't care unless someone is injured. If you don't have pictures then there is no evidence unless you have a witness.

Bad insurance companies will always say it wasn't their customer's fault.

Please don't shoot the messenger. That would be me.

Reply to
JD

Who said the police were involved at all?

In my town, the police will not come out for a property damage only accident of 2 cars. This isn't uncommon in cities where they have... crime...

Reply to
Joe LaVigne

Ahhh. If the police were there already, did they take a report? Did they get your info on the report? If so, go to the police station, and request a copy of the report.

If they didn't take a report, I would certainly talk to the supervisor on duty at the police station. And it would probably be a good idea to call a lawyer. If you present proper evidence, they will often take your case on contingency. Can't hurt to try. Insurance companies push around individuals without proper representation. They are confident that you do not know all of your rights. When a lawyer calls, they are much more likely to fold.

Reply to
Joe LaVigne

Get a lawyer.

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Reply to
a

This is pointless as the car isn't worth it at this point. Even if they decided to pay the value of the car, you are looking at only 1-2 grand. A lawyer is going to charge you at least $700+ to show up once in court. And if you win and they appeal it, it is another $700, there's the value of the car.

What you should always do if you are involved in an accident is get the driver's license, vin number of the vehicle, license plate number and proof of insurance. This way you have multiple backups in case something like this occurs. Also if you know that the other driver is at fault like in this case, then you should call the other driver's insurance and file a claim with them. This will be processed by the insurance headquarters so there is no way of the individual nor the agent will be able to push this under the carpet.

If you get no where and can live with the car as is for the moment, you can take the driver to district court. Once it is reviewed by the judge you will most certainly win. Make sure you take pictures of the damages if you do decide to go to court.

Good Luck

Reply to
nick

It was pointless, but for the reason that my own insurance company said "clearly, you could not have caused this damage yourself," and paid me the value of the car, plus that of all parts put in during the past year, without deductible nor surcharge. I'd have liked to have seen the liars who hit me get what was coming to them, but not enough to waste more time on it.

I'm glad we don't have Geico in Mass, avoiding any temptation I may have had to be insured through them.

Reply to
Pete from Boston

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