need legal advise
#1
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need legal advise
i got rear ended a couple of nights ago as i proceeded with traffic at the light when it turned green. it was obvious the guy didn't pay attention and just bumped into me. so i stopped in the middle of traffic, examined the damages and walked over to him and asked him to exchange insurance information, he and his passenger became uneasy and disgruntled and replied they had none. So I told them to follow me to pull to the right of road off traffic so i can get their id and plates. They agreed to do so and followed me from behind. As i pulled over to the right at the intersection, i looked over and sure enough this guy decided to bail on me as he gunned it almost taking my driver side mirror with him. I immediately call 911 as i put my car into gear and floored it going after this asshole and the operator asks if i can identify the driver/car. i said no... not yet as i was catching up to him. then when i got close enough and gave the operator the plates he made immediately without stopping turned right at the stop intersection and crashed into a jeep cherokee that was coming to a stop which gave me little time to react as i slammed my brakes too late as my front collided with this guy's car like a chain reaction. the operator heard the two crashes and asked if there was anyone injured, and i told them to send the paramedics. cops and ambulence came a couple of minutes later. good thing i had a navigation so i was able to tell the cops where the whole story about the first accident and chase scene and the end result. turns out the guy was unlicensed and i don't think the car's owner insurance and any insurance company would cover an unlicensed driver. so now what can i do? my insurance dedutible is 500 and it covers uninsured motorists. also i need new bumpers, where should i go to a body shop that can hook me up with a value or factory kit etc? i'm in the los angeles/orange county area. any good lawyers?
#2
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I'M sorry to hear that story man...there are soem messed up people out there and they always seem to be after people w/ great cars. For lawyers, you'll have to find one for youself. I don't know of any traffic lawyers...That'd be great if you could get the value bumper, but it is a long shot knowing no one is selling it. Good luck w/ everything!!
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#5
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Damn that bites.. I'm not sure what would happen in that case... I don't think you should be guilty, though.
Ed
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#6
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Sorry to hear about that. It sucks.
Just want to let you know before you sue the guy. I had a friend that went after a guy just like you did and he was charged with the accident. I guess if he never went after him the second accident would of not taken place. Just ask your lawery.
Just want to let you know before you sue the guy. I had a friend that went after a guy just like you did and he was charged with the accident. I guess if he never went after him the second accident would of not taken place. Just ask your lawery.
#7
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Did you get a copy of the police report? Or sign a witness form? There are alot of things you left out, but i would sue! You have a case and i can't see you losing. Good luck
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#8
definitely SUE, dude... no idea about the body shops in orange county, sorry.
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#9
OG
I work in the Auto Insurance industry so I can give you a little advise. First, these are two separate accidents.
The first accident is obviously not your fault. If the driver/owner of vehicle has no insurance, your deductible should be covered by your own insurance and they will go after the drver/owner.
Now the second accident. The damage to your front bumper and damage to the other vehicle that you struck will be considered your fault. There will be a second claim on this accident and this time, you will be responsible for your own deductible. To make things worst, if the other driver was injured because you struck him, that's 2 points against you. You cannot argue that you hit him because you were trying to go after him. That's not a valid excuse for you to hit his vehicle. The judge does not decide on who's fault the accident is, your insurance adjuster does. You can only sue him if you have a loss, like your out-of-pocket deductible. But since that will be taken care of by your own insurance, technically, you have nothing to sue for.
If you need more advise, you can post your question here or email me.
Best of luck.
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The first accident is obviously not your fault. If the driver/owner of vehicle has no insurance, your deductible should be covered by your own insurance and they will go after the drver/owner.
Now the second accident. The damage to your front bumper and damage to the other vehicle that you struck will be considered your fault. There will be a second claim on this accident and this time, you will be responsible for your own deductible. To make things worst, if the other driver was injured because you struck him, that's 2 points against you. You cannot argue that you hit him because you were trying to go after him. That's not a valid excuse for you to hit his vehicle. The judge does not decide on who's fault the accident is, your insurance adjuster does. You can only sue him if you have a loss, like your out-of-pocket deductible. But since that will be taken care of by your own insurance, technically, you have nothing to sue for.
If you need more advise, you can post your question here or email me.
Best of luck.
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#12
Wait a minute AcuraTL: what about the fact that he hit an unlicensed driver?
My driver's ed teacher told me a long time ago that if a drunk driver is involved in an accident, it is ALWAYS the drunk driver's fault, no matter what the circumstances.
So, doesn't that factor in?
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My driver's ed teacher told me a long time ago that if a drunk driver is involved in an accident, it is ALWAYS the drunk driver's fault, no matter what the circumstances.
So, doesn't that factor in?
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#13
OG
Originally posted by mentl:
Wait a minute AcuraTL: what about the fact that he hit an unlicensed driver?
My driver's ed teacher told me a long time ago that if a drunk driver is involved in an accident, it is ALWAYS the drunk driver's fault, no matter what the circumstances.
So, doesn't that factor in?
Wait a minute AcuraTL: what about the fact that he hit an unlicensed driver?
My driver's ed teacher told me a long time ago that if a drunk driver is involved in an accident, it is ALWAYS the drunk driver's fault, no matter what the circumstances.
So, doesn't that factor in?
DUI only comes into play when the person claims injury. He can recover special damages (medical bills/loss wages), but he cannot recover general damages (pain and suffering).
#14
Burning Brakes
First and foremost, who was charged with the second accident? I'm hoping the responding Officer charged that Moron! Second, follow up with the legal system, go after this punk a$$ and take for as much as you can get. Suspended or revoked DL, reimbursement for deductible, lost wages, you name it. Being involved in law enforcement, I do not believe in lame sue em, for everything lawsuits, but this punk brought it on. See if you can arrange a court date with this Mofo, and explain everything to the judge, If the Officer was on your side you have a great allies.
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<FONT COLOR="#800080" SIZE="1" FACE="Verdana, Arial">[This message has been edited by MikeS on February 25, 2001 @ ]</font>
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2000 TL - Laguna Green, Navi, Rear Spoiler. PIAA Hyperwhite HB's. 17" CL-S wheels with Bridgestone RE 730 - 225/45/17's. Soon to have Comptech Suspension, Sways & Axle back Exhaust.
<FONT COLOR="#800080" SIZE="1" FACE="Verdana, Arial">[This message has been edited by MikeS on February 25, 2001 @ ]</font>
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forgot to tell you guys that the cop offered me to place a private arrest for the hit and run after they took down my report and gave him a dui test. if i didn't have him arrested, who knows... this guy would have killed YOU or any other innocent drivers out there. funny thing is cop was interested to know how i knew where the first accident occured and i escorted him in my car via navi system after the whole incident... looks like i got him to side with me on this one.
#19
Drifting
Man... sorry to hear that... I think you might have to take the blame on the second accident. But who knows, but who knows.. you really need a lawyer... Good luck...
#20
is there something pragmatic we can all learn from this?
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Some Said, "TL Type S," Soon They Will Say, "Wannabe TL-S." Navi, Side Cuts, Tint All Around, Interior Footwell Lighting, Eibach ProKit, PIAA 1700x Fogs custom cut into side holes, Inspire Tails, 17" Type-S Rims with 215/45/17 Bridgestone Potenza RE730's, Visor, Wood Shifter, Comptech Sways making me ride on rails...
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#21
is there something pragmatic we can all learn from this?
One time I called 911 on a drunk/aggressive driver (don't know which) and I gave the license number. The lady asked me if I was following him. WTF? He was going 60-70 MPH down residential streets! I'm really gonna chase him down like 5-0!
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#22
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sorry to hear about your accident. hope everything works out.
oh, i called 911 once and when the operator picked up she said "911 pls hold" I was on hold for almost 5 minutes so i hung up. When i got my cell phone bill there was a surcharge on it for calling 911! WTF?
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oh, i called 911 once and when the operator picked up she said "911 pls hold" I was on hold for almost 5 minutes so i hung up. When i got my cell phone bill there was a surcharge on it for calling 911! WTF?
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#23
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Originally posted by NBP TL:
sorry to hear about your accident. hope everything works out.
oh, i called 911 once and when the operator picked up she said "911 pls hold" I was on hold for almost 5 minutes so i hung up. When i got my cell phone bill there was a surcharge on it for calling 911! WTF?
sorry to hear about your accident. hope everything works out.
oh, i called 911 once and when the operator picked up she said "911 pls hold" I was on hold for almost 5 minutes so i hung up. When i got my cell phone bill there was a surcharge on it for calling 911! WTF?
That's quite $hitty of the phone company to do that...all emergency numbers should be free...and also, 911 shouldn't have to put you on hold!
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