Yeup, can't have nice things. Fender bender. :(

stupid girl backed into me at mcdonalds. I backed out of my space and was just changing to drive when this twit backs up into me. Wife's new ride, she's not happy.

This girl gets mad at me for taking photos with my phone of the area, her car, her temporary plate which I can barely read through the tinted windows.

She can't find her insurance card and is having someone tell her the information over the phone. (sure) I get a piece of paper and scribbles of information on it.

Screw it, I called PD. I hate to waste their time on a private property thing, but I'm not sure she's insured.

Turns out the girl I'm dealing with wasn't actually driving the vehicle, it was some other teen that's with her. (i didn't actually see who got out of the vehicle, thought it was who I was interacting with)

Now for the hassles of dealing with body shops, loss of time, sucky rental cars.

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That sucks. I'm glad you weren't hurt, and good for you for calling the cops!

Nope. Can't have nice things. I guess the only good thing is that even if the other person doesn't have insurance your insurance should take care of it for you. Assuming you have full coverage of course.

yeup. state farm would take care of it, minus deductible and probably would kill my accident forgiveness that is on my account.

told the wife to deal with this one. I'm still dealing with the rear end of my car back in december.

Just hate calling PD for things like this, if she had insurance card in hand, no big deal probably. PD sent us on our way and then took the girls for a chat. Not sure what about. Tons of kids in their car without car seats is my guess.

I know how you feel. I was T-boned (not quite, he hit me just forward of the passenger side front wheel) 9 days after buying my Sebring convertible by a Pakistani who ran his red light (third one in a row he'd run according to witnesses). I told his insurance company that the easiest and cheapest thing for all concerned would be for them to buy a completely identical vehicle at fleet pricing, swap me even, and then sell the car for parts. Nope, they insisted on having it repaired but the car was so new, there weren't any spare front axles to be had (it was that bad). I got to spend nearly three months (all summer!) driving a POS full size rental sedan instead of my nice new convertible while the body shop waited on parts.

Kicker #1: Arsewipe wanted to sue MY cell phone to call his mother.

Kicker #2: Arsewipe tried to plead not guilty to "failure to yield" (2 freaking points! I wanted him charged with reckless driving) so I had to take half a day off work to testify in court.

Some of these fsckheads shouldn't be allowed near a motorized vehicle.

Same thing happened to me with my suburban. Be careful how you describe what happened. Technically, you changing gear, would be considered "still in the act of backing" and therefor would be 50/50. Colorado bars recovery in 50/50 cases. So you'd be responsible for your damage and she for her damage.

When it happened to me we were both backing up and the other car sustained damage. She gets out and we both agree that we were backing up and met in the middle. Her husband(Larimer Sheriff deputy) tells her to call the police and when the police arrive her story changes and says that she was stopped and in the process of shifting to drive. Cops tell her that the attorneys will argue that she was still in the "act of backing" and that they have been chewed out by attorneys in the court because they thought different.

When I gave a recorded statement to my insurance(She went after my insurance) my case rep, said basically the same thing.. Both of us were backing and therefor 50/50... Which means she can't recover anything from my insurance..

I'm not perfect, I've caused a couple of accidents myself. None I'm proud of, but always owned up and made sure of having insurance etc.

Just frustrating. Now to figure out who does the repair work, dealer or third party? Third party shop has treated me well on other repairs, but they are backed up about 8 weeks usually.

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Originally Posted by bryjcom

Same thing happened to me with my suburban. Be careful how you describe what happened. Technically, you changing gear, would be considered "still in the act of backing" and therefor would be 50/50. Colorado bars recovery in 50/50 cases. So you'd be responsible for your damage and she for her damage.

When it happened to me we were both backing up and the other car sustained damage. She gets out and we both agree that we were backing up and met in the middle. Her husband(Larimer Sheriff deputy) tells her to call the police and when the police arrive her story changes and says that she was stopped and in the process of shifting to drive. Cops tell her that the attorneys will argue that she was still in the "act of backing" and that they have been chewed out by attorneys in the court because they thought different.

When I gave a recorded statement to my insurance(She went after my insurance) my case rep, said basically the same thing.. Both of us were backing and therefor 50/50... Which means she can't recover anything from my insurance..

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yep, interesting. we'll see what happens, she kept saying it was her fault etc. I was already out of my space and heading down the lane. Typically in colorado backup accidents are mutual. as you say 50/50.

Doesn't matter much when the witnesses lie.

My wife had backed out and was already in D but with her foot still on the brake when another backed into her. The two in the other car claimed she was still backing so 50/50. Corksoakers.

To me, lying for financial gain, or to cause another financial loss, is paramount to theft - and we all know how we all feel about thieves.

What Brycom says is exactly true. You did well ceiling the police as it's important to identify the driver. Point of impact can be argued in your favor.

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Originally Posted by gnihcraes

yep, interesting. we'll see what happens, she kept saying it was her fault etc. I was already out of my space and heading down the lane. Typically in colorado backup accidents are mutual. as you say 50/50.

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If you were moving in a forward direction you should be good to go. Hopefully it works out for you.. All though she admits fault; The insurance company may not....

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Originally Posted by brutal

Doesn't matter much when the witnesses lie.

My wife had backed out and was already in D but with her foot still on the brake when another backed into her. The two in the other car claimed she was still backing so 50/50. Corksoakers.

To me, lying for financial gain, or to cause another financial loss, is paramount to theft - and we all know how we all feel about thieves.

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Yeah its a tough one.. In their perspective they could have thought she was still backing... Who knows???

Technically both parties are backing at the same time in the same direction... If one completes the act and is shifting to drive, does that mean that all fault is on the other driver because they didn't complete the "act of backing" before the other person?

IN other words, both parties failed to see each other backing....Just because one finishes it first doesn't mean they are free from carelessness.

It sucks... I know.. I'm just lucky I didn't have any damage to my suburban.

Oh I saw her, watched the whole thing, even was blowing on horn. . if I had moved to much she probably would have wiped out the whole side of the car. Putting us nearly parallel to each other.

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It's very important that you are absolutely clear on the following points.
1) You were stopped
2) You watched her the whole time
3) You were honking your horn, but couldn't move in time.

Stress each of those points at least twice.

I would have said. OFFICER , is it me or does anyone else smell alcohol. I don't mind if someone owns up to it. When they all fucky, gloves are off.

That can backfire on you. I've had people try that crap with me when I used to do auto claims. Granted, I'm not the cops though, but still.
"So there were three officers on scene, but you were the only one who smelled alcohol?"

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Originally Posted by Irving

That can backfire on you. I've had people try that crap with me when I used to do auto claims. Granted, I'm not the cops though, but still.
"So there were three officers on scene, but you were the only one who smelled alcohol?"

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Yes it was. or at least it smelled like alcohol. Unfortunately the weed my Passenger was smoking kinda screwed up my sense of smell, sir!

Make sure you go after them for diminished value. You now have a accident on your carfax, it will lower the value of your vehicle and they are responsible for it.

They used to laugh at you and shut down diminished value pretty hard, but that is no longer the case, so definitely pursue.

Moral of the story: don't eat at McDonald's.

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Originally Posted by Jer

Moral of the story: don't eat at McDonald's.

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Originally Posted by Jer

I'm not fat, I'm tactically padded

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Ha!

Ifeel for you. My bimmer got nailed in a hail storm yesterday, which sucks. Insurance has been pretty cool about it, but its another that I have to deal with.

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Originally Posted by dirtrulz

Make sure you go after them for diminished value. You now have a accident on your carfax, it will lower the value of your vehicle and they are responsible for it.

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Hmm I didn't think Colorado reported the damages to Carfax?

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Originally Posted by Irving

They used to laugh at you and shut down diminished value pretty hard, but that is no longer the case, so definitely pursue.

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I'll try guys, it only has 2800 miles on it.

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Originally Posted by Jer

Moral of the story: don't eat at McDonald's.

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Yes, I was pissed because I chose to stop closer to home vs stopping at a nice McDonald's in A better corner of town. Meaning usually better customers than the trash that hit us. Less risk I guess.

Already have discovered a invalid address written down by the driver, shows up as a vacant lot.

Insurance didn't seem to complain though, I had a valid policy and insured. Hopefully she doesn't deny anything. (And Why I call first)



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Companies I've worked for even have depreciated value desks, so you should absolutely push for it.

That sucks, Gnihcraes...I'm sorry that happened to ya.

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Originally Posted by gnihcraes

Hmm I didn't think Colorado reported the damages to Carfax?

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It has nothing to do with the state. Your insurance company reports it. It is all public information carfax just puts it all in one spot. Before the days of carfax nobody put much importance on parking lot fender benders because once fixed it was not really noticeable, but now days with every claim being reported you cant really hide it and you will take a hit on trade in or if selling.

I know what you all mean about Carfax. I've been looking at cars to replace my 1999 Chrysler and there's one on Autotrader that looks great BUT ... it has an accident report on Carfax. I've had to have my frame straightened after someone ran into me (9 days after I bought it!) and it drives great. You couldn't ever tell it had been in an accident from driving it -- haven't even had to touch the alignment in 7 years or so. Despite that personal experience, I'm leery about buying someone else's car when I see the accident report on Carfax, especially with it being out-of-state. Someone somewhere is going to get a great deal on that car but the report definitely messes with sellability and future value.

Damn people just can't pay attention anymore. Sorry about the wife's new car.

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Originally Posted by Aloha_Shooter

I know what you all mean about Carfax. I've been looking at cars to replace my 1999 Chrysler and there's one on Autotrader that looks great BUT ... it has an accident report on Carfax. I've had to have my frame straightened after someone ran into me (9 days after I bought it!) and it drives great. You couldn't ever tell it had been in an accident from driving it -- haven't even had to touch the alignment in 7 years or so. Despite that personal experience, I'm leery about buying someone else's car when I see the accident report on Carfax, especially with it being out-of-state. Someone somewhere is going to get a great deal on that car but the report definitely messes with sellability and future value.

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I have a friend that only found out his car had a fender bender when he tried to sell it. He had a carfax on purchase that showed no record of damage. Apparently the dealer or carrier delayed reporting it. Turned out it was a minor scratch/dent issue from the car hauler unload and had no real bearing on the eventual resale.

Carfax is pointless. There is NO mandatory reporting. It can also be edited.