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#46
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What is the speed limit on the road? What was the traffic like?
Assume the speed on the road was 30mph and he stopped mid block and you hit him. Either the speed you were traveling at would have caused that type of "speed" damage or you would have had to brake hard? to try to avoid an accident. You don't have ABS where are the rubber tracks? Your cars nose would dive down on deceleration. Even if he does not have damage, the damage of your car will mate with his truck. So it is reasonable to assume that his backing into you can be proven. People who investigate these issues if competent will get to the truth. It will not be the first nor the first 100th time they have heard the same stories (think of all the parking lot accidents). They know what questions to ask and how to ask them, they know what to look for in physical evidence. The question is... Will they spend the $$ necessary to get to truth or is it cheaper for them to close the book quickly.
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1980 300TD-T (82 Turbo and Trans) 159,000 Miles "Jackie-O" 1983 300SD 272,000 Miles "Aristotle" 1987 Jeep Wagoneer Limited - keeps the MB's off the ice and out of the snow 1994 BMW 530it Last edited by BIGRED; 11-23-2007 at 05:07 PM. |
#47
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forgot marley
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-Trevor OBK #12 1980 300SD 333,XXX miles - Totaled 1986 Mazda RX-7 212,XXX miles - impounded and auctioned off 2005 Jeep Liberty CRD Limited 33,000- SEGR, Provent, Fumoto |
#48
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Well, I'm not on top of the person driving in front of me.......
As far as the deceleration dropping the nose, they can just say that you didn't hit your brakes. I just don't see you winning on this one, but that still doesn't mean not to pursue it. I hated to see that bent oil cooler line connection..... That could be the best point of all....
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Jimmy L. '05 Acura TL 6MT 2001 ML430 My Spare Gone: '95 E300 188K "Batmobile" Texas Unfriendly Black '85 300TD 235K "The Wagon" Texas Friendly White '80 240D 154K "China" Scar engine installed '81 300TD 240K "Smash" '80 240D 230K "The Squash" '81 240D 293K"Scar" Rear ended harder than Elton John |
#49
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i felt the same when i saw the oil cooler
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-Trevor OBK #12 1980 300SD 333,XXX miles - Totaled 1986 Mazda RX-7 212,XXX miles - impounded and auctioned off 2005 Jeep Liberty CRD Limited 33,000- SEGR, Provent, Fumoto |
#50
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Its going to be very tough to prove him at fault.
You stated the speed limit was 25mph so you should have been roughly 2.5 car lengths behind his truck at this speed. The investigator will see it that either you were following too close, going too fast and/or, had a delayed reaction time (try not to mention the dogs name). Looking at the damage... looks like he was doing the speed limit in reverse when he hit you. If he was under hard acceleration backing the rear of his truck may be lifted slightly. Could look as though your vehicle was diving under hard braking. I feel for your loss and wish you luck. |
#51
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Quote:
Tailgater now claims his front end was demolished at high-speed from a PU truck in reverse....... LMAO! Unreal........ |
#52
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I do not know the status of polygraph tests in your area. Might ask the state trooper. Other than something like that there is just no hope in my opinion.
If you took one and submitted it to his insurance company I have to wonder if they might ask him? But since not in their interest to pay out very, very, unlikely. Once in awhile in life we take a **** kicking it seems. Just hopefully not too often. I had a department of enviroment person destroy a septic field of mine for example awhile ago. We are still at it. They are trying about everything they can not to settle it. I at present have not formulated a good stratagy to deal with them. I am considering laying a charge of private property destruction followed by a small lawsuit. This might be money down the drain as you cannot take the government to small claims court. So the legal costs are high and they like to appeal as they have quite a few lawyers either on staff or retained. If I eventually get upset they might wish they had paid up. No violence but one of my creative approaches. Even a special meeting with the provincial deputy minister achieved little other than they are working on it. As usual they do not want to admit liability by direct payment so they suggested a grant. Of course when approached I do not qualify as income is too high and other things interfered. Ten thousand upwards for a new septic bed in this area. Mostley upward. In general these types of things are quite frustrating in themselves. If there is a bright side it is that he has not claimed whiplash or whatever yet. Last edited by barry123400; 11-23-2007 at 08:26 PM. |
#53
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Skidrow.
Do you really believe that he is lying? Could be, but I don't see anything constructive about you appointing yourself as Judge, jury, and executioner. As far as proving fault. If you have photos of the vehicles before being moved, there might be enough evidence from glass etc. ejected during the impact. It looks like it was probably about a 5mph impact, possibly enough to knock the car backwards a few feet? High-res photgraphs at the scene might show the story, might not, and even that depends on whether you can get an audience from your state's forensics lab. Basically chances are grim. The dive & height issues might show that you weren't decelerating during the impact, ... but it could be argued that your foot slipped off of the brake or you didn't brake causing the height match. Not a valid angle if I were the other driver's attorney. The other issue that comes up is the cost vs benefit. If you are in a no-fault state, you have to look at your deductible and coverage. If you have substantial money to gain and can wait for the decision, go for it. If not, might be time to take your lumps. When I was young I went to an attorney to contest my insurance company's payment for an accident, the attorney would have taken as much money as I had hoped to gain, ...
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Gone to the dark side - Jeff |
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I'm with lamont. Isn't there a law against stopping in the middle of the road without a good reason? Steve
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#55
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I had a similar thing happen to me in a McDonalds drive through, guy got tired of waiting put it in reverse and floored it. slamming into me and crushing his trunk. the police had already written it up as my fault and asked me to sign the report. Luckily the guy who hit me was a stand up guy and admitted fault. there are so many scams out there hopefully you are just up against a deadbeat and not a scammer. good luck with it. Your police there should have taken pictures and done more it sounds like. I was in an accident where a guy swerved into my lane and denied it. The investigator said rust and debris falls straight down in a kind of outline of the vehicles and more at the impact at the moment of impact, from this he determined the guy was in my lane. maybe there was a way to see the crap fell in front of the truck and not behind showing he was moving backward, but if you moved the vehicles or the data wasnt taken its moot now.
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1982 300CD Turbo (Otis, "ups & downs") parts for sale 2003 TJ with Hemi (to go anywhere, quickly) sold 2001 Excursion Powerstroke (to go dependably) 1970 Mustang 428SCJ (to go fast) 1962 Corvette LS1 (to go in style) 2001 Schwinn Grape Krate 10spd (if all else fails) |
#56
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Quote:
baby mog... i didn't even think about your point of stuf falling. a piece of my fan shroud was about 1.5 feet infront of my car and i was kicking it around... d@mnit.
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-Trevor OBK #12 1980 300SD 333,XXX miles - Totaled 1986 Mazda RX-7 212,XXX miles - impounded and auctioned off 2005 Jeep Liberty CRD Limited 33,000- SEGR, Provent, Fumoto |
#57
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Can we vote him off the island?
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1959 Gravely LI, 1963 Gravely L8, 1973 Gravely C12 1982 380SL 1978 450 SEL 6.9 euro restoration at 63% and climbing 1987 300 D 2005 CDI European Delivery 2006 CDI Handed down to daughter 2007 GL CDI. Wifes |
#58
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Quote:
As dumb as you are, it might take 15-20 times of telling you to quit being a crybaby, and fess-up. You put people's lives in danger slamming your dumb car into theirs! You were likely out playing NASCAR with your dumb police dog, and that unsafe old 4-door, when this old codger got fed up with your punk a** antics, and slammed on his brakes. You crawled up this truck's a**, then want to get a pass on it by crying on a national thread.. Where's your state trooper brother, wimp? Grow up, a** riding punk! Pay your bill for terrorizing that old man. Last edited by Skid Row Joe; 11-24-2007 at 12:25 AM. |
#59
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Hey Mods, how about putting Skid Mark Joe in time-out!!
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Jimmy L. '05 Acura TL 6MT 2001 ML430 My Spare Gone: '95 E300 188K "Batmobile" Texas Unfriendly Black '85 300TD 235K "The Wagon" Texas Friendly White '80 240D 154K "China" Scar engine installed '81 300TD 240K "Smash" '80 240D 230K "The Squash" '81 240D 293K"Scar" Rear ended harder than Elton John |
#60
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{just to hit top of page}
Hey Mods, how about putting Skid Mark Joe in time-out!! No place for this kind of stuff here!! Quote:
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Jimmy L. '05 Acura TL 6MT 2001 ML430 My Spare Gone: '95 E300 188K "Batmobile" Texas Unfriendly Black '85 300TD 235K "The Wagon" Texas Friendly White '80 240D 154K "China" Scar engine installed '81 300TD 240K "Smash" '80 240D 230K "The Squash" '81 240D 293K"Scar" Rear ended harder than Elton John Last edited by JimmyL; 11-24-2007 at 12:53 AM. |
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