Saturday, November 20, 2010

What what you do in this situation? How well did I handle it?

Today, because my 1 year old baby 3rd cousin was very ill, me and her uncle (my 2nd cousin, Koby) went to visit her at the Salem Hospital. While in the parking garage, on the ramp between levels one and two, I was stopped between a car behind me, and a 92 Toyota pickup, which was trying to maneuver into a parking spot about fifty feet ahead of me. Apparently, he wasn't gonna make it, so he backed out, and, because the dummy apparently didn't know how to work a stick shift, rolled backwards. I was pinned, and had no way to move, so I laid on the horn, to no avail. He smashed into my front end, gouging the fiberglass pretty good and pushing my headlight in. Meanwhile, on his truck, he dented the tailgate and annihilated the taillight. He came out, and didn't give any information except for a name (Luke Moore) and a phone number. He said to call him later, and left. (He was a kid, about my age).



So we visit my cousin, and when we get back to the car, I found a note he taped to my window that had a different phone number, and read, ';Call Me, Luke';. So I do, and leave a message, saying that all I'd probably need is money for a bottle of touch up paint (about $50). I also explain that since I already pay $280 a mount in insurance, I was hoping to settle outside of our agents. Anyway, he calls back almost immediately, and (since I was driving, he talked to Koby) tells Koby that the whole accident was our fault, and that he didn't want to settle, so he was gonna go to insurance. He also refused to give out any info other than his name, number and turck make and model (he said it was new, it didn't even have license plates on it yet). I got pissed, and said, ';Screw it, I'm going to the Police Station,'; and told Koby to relay the message. He did, and the kid said, ';Fine';.



So after I give the police all the info I had, they look him up, and apparently, Luke Moore doesn't exist. So they called the first number he gave, and apparently, it was fake. So they call the number he'd been talking to us on (while this was going on, he texted Koby saying he wanted a deal), and they find out his real name (Gabriel Starr) and his address. Later, using DMV records, they found his insurance company and called them. So they told me this, and asked if I wanted to press charges for fraud and hit-and-run (since he left without providing any real info except for the cell number). While mad, I didn't, but was offered to change my mind if trouble arose.



So after leaving, I call him back. After a very angry (but not threatening) tlaking to from me, I repeated my offer. He said he wanted a new taillight (about $35). I told him, ';Okay, how about you pay the difference between what it'll cost for touch-up paint and what it'll cost for a new taillight?'; and he said, ';Okay, we'll meet and discuss it later';.



I go tomorrow to meet him at a neutrally agreed-upon location to discuss this further. Yet my family members tell me I should not only go through the insurance, but push the hit-and-run charge. I only have liability on my truck, and don't know if my truck is covered for damages. Plus, the fiberglass was dinged up pretty good. Should I go through insurance, and should I press charges? I know he was being a jerk, but (thanks to my nice, easy-going nature) should I completely punish him for it? (My dad said I should have hit him with a bat, but I'm too nice for that.) Any advice? What should I do?What what you do in this situation? How well did I handle it?
you handled it pretty well, but id take the official line, this was his fault and he has tried to wheedle out of responsibility as wellWhat what you do in this situation? How well did I handle it?
GO THROUGH THE INSURANCE! It's not about being nice or not, it's about taking care of you and yourself. First, i would talk to a cop and find out if he was at fault. Then if he definitely was, I would go to the meeting, accompanied by an older family member, and even a police officer if possible, and tell him you are thinking about pressing charges, because it was fraud and you need to get your car fixed ASAP. If he doesn't say he'll pay for it cause he was at fault, then I would go a head and press charges because otherwise you'll never get a dime out of this idiot.



My whole family is cops (dad uncles cousins) and there is a lawyer or two in the family too. that's what they would have told me to do :)

best of luck!
No, don't do this privately. Go through your insurance. He was at fault.



Always get a valid ID from someone. Insist on seeing a driver's license and insurance card, and copy ALL the info down. This will make some people mad, because they know they're at fault, and they probably already have accidents on record.



That truck probably is not newly bought, but he doesn't have plates for it. I'd suspect a stolen vehicle.
Anytime you get into an accident, you should ask to see the other person's driver's license and insurance. Then you should copy the information on both of these. The license gives you the driver's name, date of birth, address, maybe phone. At least take down the name, driver's license number, insurance company name, and insurance account number. You can check the photo and the description (eye color, height, weight) to be sure that the ID really belongs to the driver. By checking this documentation, you can tell if you have the person's real name and real contact information and if the person is insured. Considering you did not do this, you are lucky you found out who this person is.



If the other driver cannot show you license and insurance, call the police. There are a couple of reasons you would need to call the police. It is a crime to drive without a license or insurance. Also, you have no assurance that you will be able to recover damages if you do not get a true name or if there is no insurance.



But now you should press charges and make an insurance claim. Gabriel is slick. Most people don't immediately think to give you a false name and then try to bully you about being to blame for his mistake. He did this, because he has done this before. Letting him get away with it just makes it easier for him to continue treating people like this. If there are repercussions, perhaps he will grow up and not take advantage of the next person - and maybe become a better driver. You will be doing the public a good deed by holding him accountable.



Because you are not to blame, you do not need to worry about your insurance rate going up. This will go completely through his insurance - if he has any. It will only affect your insurance if (1) you make a claim under your own policy, which you do not intend to or (2) he makes a claim under your policy, which he cannot do because he was entirely to blame for backing into your stationary vehicle.



Also, when you get into an accident, you may be required by law to report it to the police if the damage is over a certain dollar amount - depending on where you live. You will want to be the first person to call the police and talk to the police so that you make the best impression on the person who will be writing the official report.
Push the hit-and- run charges on him!!!

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