justin_o_guy2 wrote on 07/08/12 at 10:50:42:


Whoaaa, thems Texas fighten words    

1st incident...

I once eye witnessed a lady backing out in a parking lot hitting a bike and knocking it over.   Afterward, she got out of her car walking back to see the bike laying on its side, then shrugged, got back in her car and drove off.   I was sitting in my truck and she had not seen me, but I quickly jotted down her car make, color, and plate number.  I made another copy including my name, phone number, and what I saw, then taped it to the bike.   That same eve I got a call from the victim asking me if I would be willing to tell the police what I saw.   I told him yes, and to just let me know when, where, etc.  He thanked me, but I never heard anything further.

2nd incident...

My son and I had ridden to town and were in a restaurant eating.   The restaurant had a good view of the parking lot, which is why I tend to pick those places.  A guy who had parked next to my bike walked out, got in his truck, and started backing out, turning his head looking back over his shoulder.  I saw his front fender clip my bike, then push it over.   I had already jumped up and was running outside, when I saw the guy look ahead clearly seeing my bike laid over.   Instead of stopping, however, he started moving toward the parking exit when I ran in front of him.   He stopped, got out, and asked if it was my bike?   I told him it was, and asked two questions I thought pertinent at the time  1) WTF?  and 2) how did he feel about being charged with a hit-n-run accident?   He said he was sorry, was a contractor (he had ladders, etc.), and couldn't afford any more points, so could we keep it "private"?   I decided to give the guy a break, so we exchanged info, then I inspected the bike seeing a broken mirror and a cracked hard luggage side bag (BMW plastic).   He gave me $100 on the spot, asked me to determine the total cost, and promised that he would send the rest within the week.   A week passed, and of course, no call.  I called him to ask where the check was, to which he made several excusues.  Anyway, this went on for several weeks.  I finally decided to call his insurance companies (he had 2), but the policy numbers he had given me belonged to someone else.  I called back telling him that I had contacted his "insurance" and they had never heard of him.  I told him I would give him 2 more days, then I was going to the police to report the accident and that he had also supplied false insurance at the scene.   I received my check the 2nd day.

I decided to give the guy a break,"
I don't do that anymore.
I had a '74 Volvo wagon. They had shocks built into the bumper mounts to absorb mild impacts. Anything more than mild and it would blow the seal in the shock, rendering it useless.  I was stopped at a red light and was rear ended by a kid who was receiving driving instruction from his grandmother hard enough to break the shock. The grandmother begged and pleaded for me not to go to the insurance or the police, and that she would settle up when she received a copy of the invoice for the repair. I told her what they cost (I had just replaced it) and that I would save her some money by putting it on myself. She gave me her address and phone number, I bought the new shock and sent her the original receipt after making a copy for myself. Of course, I heard nothing from her. After contacting her three times, each time getting a promise to pay she finally told me very nastily, I was taking advantage of an old woman and to leave her alone. I phoned again and she hung up on me. I phoned yet again and her son answered. He hadn't heard anything about it, apologized for his son and mother, and sent a cheque the next day.
As that was the third similar situation I vowed never to cut anyone a break again.

arteacher wrote on 07/08/12 at 15:11:50:

+1.  Give people time, they'll talk themselves out of all responsibility.

Back in high school I had a similar accident, just sitting there in a line of cars, and CRUNCH there goes my bumper and tail light. Similar damage to the energy absorber.. it was to cost about 600 bucks to fix.  The guy went from all "yeah yeah, I'll fix it, just send me the bill!" to refusing to even sign a statement that an accident had occured (so that my uninsured motorist coverage could handle it, since the loser had no insurance) because by then he'd talked to his lawyer cousin who told him that signing such a statement "wouldn't be smart."  And then on some other phone call, his sister picked up and went off about how their sheriff friend was gonna "kick [my] ass" and I'm a "diyyupsheiit," etc.. real winners there.  

I eventually got the campus cop to talk to the guy, and he explained that the accident was clearly his fault, he had no legal leg to stand on and that he might as well sign a statement to help me get my car fixed by my own insurance.. and that is how it ended.

Two things: 1) I must acknowledge that for purposes of documentation, a cop was indeed helpful.  Never before or since, but in that case, yes. 2) Arteacher is right, it is foolish to let people off with their worthless promises.. get documentation up front if at all possible.

It's always a sob story and excuses until there's a threat of the hammer actually going to drop.. then the money mysteriously shows up. You did good 360k, in at least keeping your options open until the guy paid up.

Here's another story.  I got forcibly uh, "ejected" off my bike in another accident that was clearly the other driver's fault.  The cop showed up and made out a report that showed that the driver, an inattentive ditz, had shown proof of insurance. So after a little patch-up at the hospital I think "Whew! My bike may be totaled, but at least there's liability insurance and everything will come out square."  

She'd bought insurance, got an insurance CARD, then canceled it to get her money back.  So she couldn't pay, but ohhHohhohh she's so poor, and will I take payments until everything is made good?  At that point, what I am I going to do.  After a HELL of a lot of prodding and teeth-pulling and listening to how poor she was, she got it paid down to where the remainder was about what we could get someone to pay for the trashed bike.