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My Tacoma was in a wreck: who's fault??

Discussion in '2nd Gen. Tacomas (2005-2015)' started by Jaybo, Oct 11, 2009.

  1. Oct 11, 2009 at 9:23 PM
    #21
    RAD

    RAD Well-Known Member Vendor

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    ^
    You my friend are blessed to begin with. She is willing to pay for it. Yes it sucks as its not all in one chunk. However. Realistically, she can say "F" it and stop contact with you. What do u do then? When you call your insurance company and the police. They will tell you why didn't you report it then? If you decided to handle it outside the boundaries, you've decided to place this into "GOOD FAITH" between the two parties involved.

    You have to understand, this was between the two of you and no one was injured in the accident. That means the police will decline to really do anything more than tell you to contact the other party or your insurance company. In other words, they're saying, let them deal with it.

    Take the payments as is or call your insurance company asap. Try to get a written agreement between you and her. Stating she is willing to make payment for the damage to your Tacoma. You have to sound as if you know the law and how to handle it. You will have to come off kind harsh to scare her in signing it to protect you.

    If not, she can just decline this accident ever happened as it did. Bottom line, act fast and act swift.

    Good Luck!
     
  2. Oct 11, 2009 at 9:25 PM
    #22
    OH-MAN

    OH-MAN Well-Known Member

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    You are screwed due to being a nice guy and not calling the cops at the time.
    No police opinion of what happened.
    The promise to pay most likely will not happen when you present the estimate to them. They will feel you are screwing them because it did not look bad to them at the time.
    Consider it a life lesson and upgrade the front suspension.
    If you get them to cough up anything I would say that is luck.

    Now if you wish to retain a mouthpiece it will cost you more and still not recover any money due to no police report at the time.

    It sucks but try to move on and remember for the next time.
     
  3. Oct 11, 2009 at 9:32 PM
    #23
    Jaybo

    Jaybo [OP] Well-Known Member

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    I had to go past the intersection in order to turn into the store because it was on the corner on my left. She was stopped going the opposite way, about 2-3 car lengths further down where the parking lot ended (like room for me to pull in). never looked up once from a standstill position. and i could not tell if she was at the stop light and was not paying attention and was a good 30 feet late to go when the light turned green or if she was on the side of the road. it wasnt a place that had parking spots on the side of the road.
     
  4. Oct 11, 2009 at 9:37 PM
    #24
    RAD

    RAD Well-Known Member Vendor

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    ^ So you say . . . Why didn't you contact the proper Authorities if you've felt the accident was not in your fault? ( Lawyer glances in your direction ). In reality, it would never even reach this upper chain of resolution.

    Thats what a good lawyer will open with after your statement.

    Do what I typed per doc above.
     
  5. Oct 11, 2009 at 9:46 PM
    #25
    Jaybo

    Jaybo [OP] Well-Known Member

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    1st.) I never been in the situation. did not know what to do.
    2nd.) at the time it only looked like a scratch.
    3rd.) she did not want a police report because her insurance was already too high.
    4th.) and i was being too nice. which sucks to get screwed over for.
     
  6. Oct 11, 2009 at 9:48 PM
    #26
    Jaybo

    Jaybo [OP] Well-Known Member

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    And sorry for being ignorant but what would "it would never even reach this upper chain of resolution" mean
     
  7. Oct 11, 2009 at 9:48 PM
    #27
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    if the police had been there id bet youd get cited for failure to yield right of way
     
  8. Oct 11, 2009 at 9:50 PM
    #28
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    is this about what happened? black box is gas station...red car is her...green is you...

    look close to right? minus # of lanes?

    Untitled-1.jpg
     
  9. Oct 11, 2009 at 9:54 PM
    #29
    Jaybo

    Jaybo [OP] Well-Known Member

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    Yessir that looks about perfect. And im guessing it did not matter what she was doing? And if it would be a good idea to still get the report done tmrw and turn it over to insurance? btw, we are roughly in the same area. small world.
     
  10. Oct 11, 2009 at 9:55 PM
    #30
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    i dont think youre gonna be able to get one done tomorrow...but i could be wrong...

    they'll more than likely give you a "collision self-help" form or something like that and tell you to fill it out...return it to ins/dmv
     
  11. Oct 11, 2009 at 9:56 PM
    #31
    RAD

    RAD Well-Known Member Vendor

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    Shit I've been drinking all day & night. Shit, you're 100% @ fault. You didn't Yield to opposing traffic before making a safe "LEFT" turn. You're LUCKY she thinks she is @ fault! :eek: Keep asking her for some $$$ to keep her thinking you're helping her.

    I would NOT contact any police or insurance and let it mellow out in your favor. Just upgrade your damage and collect anything she is willing to give. If she doesn't give you anything. Walk away as is and note, you got the upper hand.

     
  12. Oct 11, 2009 at 9:57 PM
    #32
    derekabraham

    derekabraham Living vicariously through everybody

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    I agree.
     
  13. Oct 11, 2009 at 9:59 PM
    #33
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    granted...if she was stopped in the road...she could possibly have been cited for illegal stopping...but you still have to yield ROW...and unfortunately...she had it
     
  14. Oct 11, 2009 at 10:01 PM
    #34
    Jaybo

    Jaybo [OP] Well-Known Member

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    ha what? dude you're confusing. but she doesnt think she is at fault anymore cause her husband thinks that its my fault.
     
  15. Oct 11, 2009 at 10:05 PM
    #35
    RAD

    RAD Well-Known Member Vendor

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    ^ Sorry, I was drinking from Sunday Football...]

    I didn't understand in detail how the accident happen. After re reading the accident and seeing the diagram. Dude you're @ fault. Regardless if she stopped or not, you must yield to on coming traffic. Its hard to prove when making a Left Turn the other party is @ fault.

    In not reporting it, you're helping yourself if she realizes she can come after you. You can now argue she claimed fault and was willing to pay. Now its a battle of he said/ she said and details of the accident that didn't even happen. ( Time to come up with a more polished story of what happen in favor of u )

    In all honestly. I'd say try to settle it with both of you not reporting it and covering your own damage. You will walk away ahead in this if you settle @ that.



     
  16. Oct 11, 2009 at 10:07 PM
    #36
    Jaybo

    Jaybo [OP] Well-Known Member

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    Yes sir, I understand that now.
     
  17. Oct 11, 2009 at 10:08 PM
    #37
    RAD

    RAD Well-Known Member Vendor

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    ^ she had the right away unless she was under the influence.
     
  18. Oct 11, 2009 at 10:11 PM
    #38
    Jaybo

    Jaybo [OP] Well-Known Member

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    Okay i got ya now. Im glad i had a passenger in the car and the only witness in the case. and at the very beginning she was willing to pay technically claiming fault. But i am not a person to screw someone else over, i just want it done the right way. even if i have to pay for the mistakes. haha just the way i am which means i could probly never live in cali or new york hahah
     
  19. Oct 11, 2009 at 10:17 PM
    #39
    RAD

    RAD Well-Known Member Vendor

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    ^You're a better man than me. LOL. Good Luck man.

    Rule of thumb. Never admit fault or say "SORRY" regardless if its your fault or not. Its not up to you to decide, nor is it up to you to incriminate yourself @ the scene.
     
  20. Oct 11, 2009 at 10:19 PM
    #40
    Jaybo

    Jaybo [OP] Well-Known Member

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    Aight man, good deal. Thanks for you drunken help. haha but nah seriously it helped
     

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