Story of a ######bag: Any recourse?

[Agamemnon]

Chew some gum and stick it into the lock on his front door. New lock! That'll cost him... something.

[Russic]

Originally Posted by JustAnotherGuy

That is part of the reason why I hate this site sometimes. 7 responses and only 2 were serious answers. The rest are just silly grade 5 jokes. Okay. One joke was funny.

Yes, so not make that 8 responses with only 2 serious answers.

Those jokes bump the thread. Who knows ... perhaps the useful answer people would never have seen the thread as it fell into obscurity? But they did see it. They saw it because it was bumped by a poop joke. Shine on you crazy poop joke.

To the OP, it sounds like you might be SOL. I would find out where he lives and smear vasoline under his windshield wipers. That's not even a joke. I'd actually do that.

[Jordan!]

To scare him off, or make him submit your wife should've also even called the police after the collision. If he says no, and bails.. he's basically already guilty of it.

[VladtheImpaler]

Need to know the mechanics of the collision - who was where? If he backed up straight into her for a direct front bumper on rear bumper hit, it's virtually impossible to prove, short of getting his vehicle's black box which would show how fast and in what gear he was traveling. The cost of doing an engineering report/investigation is probably in the neighbourhood of $5,000.

[Phanuthier]

Sounds like a fun week. Given your luck, you might want to just let it roll off your back. Given your luck, if you tried taking a dump on his porch, and the next thing you know, a spider crawls into your underwear while you're squatting.

[Ren]

Originally Posted by Khel

And I would light it on fire!

And my axe!

Oh wait, are we not doing that joke?

[Kjesse]

Your insurance company has an absolute obligation to act in good faith and in your best interests. If the damage coincides with your version of events, and the insurance company suggests you split the deductible, say no, remind them of their obligation, and let them know you won't accept otherwise.

That should end the matter.

[Maritime Q-Scout]

Originally Posted by simmer2

My fiancee has had an unfortunate string of accidents lately. She was rear-ended 3 weeks ago, then on her way to drop the car off at the body shop some guy backed into her. The first incident went fine and the lady was nice and everything was taken care of. The second guy though has proven there are ######bags everywhere. He is saying that my fiancee hit him and now insurance wants us to split our deductables. There were unfortunately no witnesses, but the guy was complaining to the body shop about having to go through insurance because it will cost him. Renfrew Chrysler won't get involved though due to apparent "liability issues".

I'm just frustrated by this guy's apparent lack of any principles whatsoever. We've even tried calling him but since he's a tool and a gigantic p***y, he won't call back.

Any recommendations? Has anybody been through something similar?

To top the entire episode off, the day my fiancee was going down to pick up her car, she found that the sideview mirror on the rental car she had was smashed off. Pretty sweet.

Originally Posted by Traditional_Ale

Have you checked around the nearby businesses for security cameras? Also, a police report might help you get them.

If not, kidnap his wife and hold her for ransom Devil's Rejects style until he pays for the repairs or owns up.

You never know where Big Brother is watching. Some people hate the thought of having cameras everywhere; however they can come in mighty handy. Having worked in and with loss prevention, something like this is golden. Even if there's a little corner store, you'll be surprised how elaborate some of their systems are!


As for the rest of it: He backed into her? How exactly? Like pulling out of a parking space? Backed up because he was too far into an intersection?

If she didn't file a police report, do it. As soon as you read this, write down *exactly* everything that happened, no matter how minor the detail!!! In any legal action, that is the absolute best thing you can do. If you write down what happened after it took place (sooner the better) the better it holds up in court or negotiations. Human memory is the worst testimony. If you have a written statement and he doesn't, it'll go farther in resolving the dispute.

File a report, for the exact same reasons above.

This might be a no-brainer, but talk to a lawyer. They know the law, they know the weird legal structure, and know the situation better than you or me or anyone here (unless they are a lawyer reading this in which case they won't respond for obvious financial reasons).

A good lawyer in a case like this makes the world of difference. What they'll probably do is tell you something similar to what I have, and tell you if it doesn't get resolved to a satisfactory level, call them back and then you'll talk about cost/benefit of pursuing an action and their services.

[Raekwon]

Originally Posted by Delgar

Your insurance company has an absolute obligation to act in good faith and in your best interests. If the damage coincides with your version of events, and the insurance company suggests you split the deductible, say no, remind them of their obligation, and let them know you won't accept otherwise.

That should end the matter.

Not this

[Dion]

I always keep a cheap camera in my vehicles glove box for instances like this. A few quick photos of the accident eliminates situations your finacee is experiencing. I know it doesn't help your situation much but just a suggestion for the future.

[Hevishot]

Unfortunately it is never the bodyshops job to get involved when the dispute is between the insurance company and the claimant. It makes for pissy insurance companies and than they dont feed the shop work. When it is between 2 seprate parties most shops will contact the person who is paying for the damage and not release the vehicle until they are paid by either the owner of the damaged vehicle or the person who hit them. Fill out a police report and push your insurance company to chase the other party involved. When someones being difficult to deal with I always tell the customer to push their insurance company. (a little complaining goes a long way sometimes) When that road has been followed the next best thing is to contact a lawyer. Best of luck I deal with this every day.

[Raekwon]

Most insurance companies work within an agreement called the IBC Agreement, any company signatory to this agreement abides by certain rules to settle claims in a quick fair manner. One rule states that a backing vehicle is 100% at fault hower if the other party has a conflicting story that is reasonable the companies must resolve the claim on a 50/50 basis putting each of you equally at fault thus the splitt in deductables. So its to hard to tell based on your post the details. was it in a parking lot? in the street? If you can prove your side of the story based on damage location you would have more to work with also, but if the details are lacking and there are no witnesses then they settle 50/50 to speed up the claims process. Injuries of course do not follow the same agreement and are settled through tort law.

P.S

Feel free to PM me if you want to go into more details the above was just a quick response at work

[RW99]

^^^ What he said.

[Kjesse]

Originally Posted by Raekwon

Most insurance companies work within an agreement called the IBC Agreement, any company signatory to this agreement abides by certain rules to settle claims in a quick fair manner. One rule states that a backing vehicle is 100% at fault hower if the other party has a conflicting story that is reasonable the companies must resolve the claim on a 50/50 basis putting each of you equally at fault thus the splitt in deductables. So its to hard to tell based on your post the details. was it in a parking lot? in the street? If you can prove your side of the story based on damage location you would have more to work with also, but if the details are lacking and there are no witnesses then they settle 50/50 to speed up the claims process. Injuries of course do not follow the same agreement and are settled through tort law.

P.S

Feel free to PM me if you want to go into more details the above was just a quick response at work

I entirely disagree. The IBC Agreement is an arrangement between insurance companies and does not in any way alter the obligation owed by the insurer to their insured. The IBC Agreement is simply a method for insurance companies to settle differences between themselves, to cut internal and legal costs.

From the IBC Website:
"Because policyholders and third-party claimants are not party to these agreements, they are not bound by them and may seek other avenues to resolution."

As I said, tell your insurer to meet their obligations to you and you're done with it.

If there is continuing disagreement I'll pull some case law over the weekend when I get time and post it.

Originally Posted by COGENT

I would get the police involved as well, after all it is their job. If they can't decipher who is at fault then unfortunately I think you're screwed.

Police don't assess blame or fault....

[HawkEGoon]

Ok first things first, I beleive there is a time limit in reporting accidents. (I could be wrong but I still beleive it)
So just say the time limit has expired, you DO have his contact info. such as full name, address, phone #, make of vehicle, plate # and insurance company....RIGHT? Please say you at least have this info.
Good, I heard it ever so faintly. So in the ever so off chance that someone on here knows said ###### I think it is in your best interest to post that sh*t's info. up here and perhaps when the person that knows him sees the info they could persuade ###### to do the right thing. Completely and only in an effort to get a solution to your problem, and for NO other reason.
HOWEVER it could go totally wrong for poor 'ol ######y and people might take it completely upon themselves here, to do some mischievous and ill behavior to his property or whatever. This would not be your fault because you have no control over what other people do or think...or do you?
BTW there are enough people on these forums that if someone did happen to do something to ######y and take turns on different nights he would probably be annoyed for like weeks or something. Just a guess, if something like that were to happen. Not that you or anybody else would either..but there are, or so I've heard some devious people on the internets that might.
No matter what the end result is GOOD LUCK and hope you get a good result out of the whole issue. Oh and on a completly unrelated note someone should start a random vandalism thread. Random acts of vandalism have been happening all over this fair city of ours and I think other people would be interested in seeing some funny and bad (vandalism is bad) stuff that happens all over the place (sometimes to bad people)....just my 2 cents.

[COGENT]

Originally Posted by Bent Wookie

Police don't assess blame or fault....

Then what do they do?

[pope04]

Originally Posted by VladtheImpaler

Need to know the mechanics of the collision - who was where? If he backed up straight into her for a direct front bumper on rear bumper hit, it's virtually impossible to prove, short of getting his vehicle's black box which would show how fast and in what gear he was traveling. The cost of doing an engineering report/investigation is probably in the neighbourhood of $5,000.

During the crash, I was in the black box..........Sorry, I had to add to the bad jokes.

[CaramonLS]

Originally Posted by COGENT

Then what do they do?

They take reports and provide data. You can also be charged for filing a false statement if it ever comes to that.

Each side of the story in the form of a witness statement is sent to the insurance companies for assessment.

The cops can assess if the information is consistent with the story and provide some feedback based on that. I.E. If someone claims that a car backed into them, but the angles clearly show that they were sideswiped... they can basically refuse to write out a police report/damage sticker (and make it so the person wont be getting their car repaired until they come clean).

Originally Posted by COGENT

Then what do they do?

Enforce municipal bylaws, provincial legislation and the criminal code.

If you get a ticket after an accident, it doesn't mean you were at fault, only the you committed an offense.

It is possible for both drivers to get a ticket.

It is possible for a person to get ticket and not be found "at fault" by an insurance company.