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View Full Version : godd@mn neighbors .. *LONG rant* .. PART TWO
Ok. For those of you that follow this forum on a regular basis, you might remember my last thread, godd@mn haters.
Today, another incident happened. Much worse than last time as there is permanent damage now.
The story:
Its the day before thanks giving and I didnt have to work, so I slept in late, and left around lunch time to the tennis court for a few sets. About two minutes out, I noticed that gas was low so I stopped for gas to find out that I left my wallet on the comp after I ordered the Euro lights last night. Ok. Turns back to my house. No problem yet. I didnt want to pull in and back out, so I parked right behind my garage, which is facing my neighbors garage, separated by a common driveway.
Run inside, and comes back out within two minutes. I see my neighbor's SUV next to my car. He was next to it steaming mad and screams at me .. here's how the conversation goes:
Him: Did you see the accident?!
Me: What accident?
Him (SCREAMING): YOU LEFT YOUR CAR HERE AND IT HIT MY CAR WHILE I WAS BACKING OUT !!
I immediate thought, what the f*ck .. you were reversing and my PARKED car hit your car?
The he tried to accuse me that this driveway is not a designated parking space and so this accident is 100% my fault as I am not supposed to be there.
I figure .. I live next to this guy, so I dont want any more bad luck.
So I told him .. ok .. i'll call police. And went inside, made the call, and got the camera to take pictures.
During this time, all my neighbor (older people btw) has gathered to see what has happened and made a group around the indian guy trying to comfort him. I heard like 4-5 good lucks so I figure wtf .. good luck to him .. thats like saying fuck you to me.
I didnt even try to talk to him any more afterward, but he kept coming at me sayin g this is my fault. Turns out this idiot is some self proclaimed big wig at the homeowner association. He tried to claim that they sent letters out 'TELLING' everyone not to park in the common driveway so thsi is all my fault.
I told him .. HOA's rule != Law, and obviously this made him madder that I dont care about his precious HOA's rulings. Come on now .. HOA is NOT SJPD.
By now everyone is sympathetic toward him and is giving me the evil eye like I should burn in hell for eternity.
I just looked at everyone .. smirked .. and lit a stoogie.
1 hour later, cops came (supposed to be 30 mins but whatever). And they couldnt decide if the driveway was city property or public property so they filed a report. Basically the cop was on my side (for ONCE) because my car was parked. They didnt even take my DL down. Just reg / insurance.
After the cop took my side, indian doode was more furious, every time I said something to the cop he jumped in even though I left him alone when the cops took his statement. Insisted the cop include the HOA's ruling into her report which she refused. Even if I was there illegally, she said, the most I would get is a ticket, but there was no No Parking sign up so no ticket.
That was pretty much the end of it. All my neighbor gave me the evil eye agian and left but not before wishing him good luck again.
Man, I cant tell you how much that annoyed me ... I love Porsches, but there's so much hate for Porsche owner, especially a 24 year old one. Everyone think its 'daddy's car' even though I work my ass off and am paying every penny of it.
Now, what can I expect the insurance company to do? He has a policy from Metro Direct, I have never heard of them, so I am very worried.
If his insurance does not cover for whatever reason, will my rates go up if my insurance have to pay to fix my car? Will my insurance go up even if their insurance pay for my car?
Can I take it to Porsche for an estimate on body damage or do I have to take it to a body shop?
What can I do to maximize the damage done to this idiot? He's pissed me off and I want his rate to go as high as possible.
Sorry for the long rant.
Thanks for any opinion / comments.
unklekraker
11-23-2006, 01:21
deng, dude1 what the heck is going on with your neighborhood? sheesh.... :D
i give you props for holding up your coolness while they're grilling you :cheers:
Your neighbor's insurance company will play hell trying to blame this accident on you. They'll probably try, but proving that an accident is the fault of a parked and unoccupied vehicle is a huge, uphill battle.
The fact that there wasn't a No Parking sign works in your favor, but isn't really the deciding factor. Even if you had parked and left it on the 405, it is still the responsibility of the driver of the moving vehicle to avoid striking a static object.
The Police Officer and her report are your best friends. The Officer correctly faulted the driver for the accident and refused to cite you for the alleged parking violation. Be sure to get a copy of the Police report and also make it a point to tell your side of the story to your insurance company ASAP.
cartagena
11-23-2006, 01:30
Him (SCREAMING): YOU LEFT YOUR CAR HERE AND IT HIT MY CAR WHILE I WAS BACKING OUT !!
I had to laugh when I read that!
You should have just punched him in the head and said "you left your head there and it hit my fist!"
unklekraker
11-23-2006, 01:40
I had to laugh when I read that!
You should have just punched him in the head and said "you left your head there and it hit my fist!"
Quote:
"Him (SCREAMING): YOU LEFT YOUR CAR HERE AND IT HIT MY CAR WHILE I WAS BACKING OUT !! "
i think that could qualify as a "Quote of the Year"...hahahahaha! I read it again and i thought you mistype :D :D :D
KronixSpeed
11-23-2006, 02:27
you should be fine, well not fine, because the car has damage, but not your fault.
you have the cop on your side, ride that, and make sure your insurance company knows this. he hit your car.
good luck.
redman12
11-23-2006, 03:02
good luck, hopefully your turkey still good :chicken:
jeffsquire
11-23-2006, 03:13
[QUOTE=vijen6]Ok. For those of you that follow this forum on a regular basis, you might remember my last thread, godd@mn haters.
______________________________
A no parking sign, even by a HOA regulation, does not (DOES NOT) absolve him from stupidity or negligence. The law wants people to act reasonably. So a guy drives backwards without looking and striking your car in not reasonable. It's preposterous!! For him to say "you shouldnt have parked there" is not reasonable and not a defense. IT's plain stupid.
Relax, 10 deep breaths. He's at fault. If anything you may live in a comparative negligence state which may attribute fault to you in a trial for negligence but not a traffic ticket.
Obviously the police officer sees this which is why he didnt cite you.
Enjoy your turkey day. Remember no one was hurt. There was only property damage.
[QUOTE=vijen6]Ok. For those of you that follow this forum on a regular basis, you might remember my last thread, godd@mn haters.
______________________________
A no parking sign, even by a HOA regulation, does not (DOES NOT) absolve him from stupidity or negligence. The law wants people to act reasonably. So a guy drives backwards without looking and striking your car in not reasonable. It's preposterous!! For him to say "you shouldnt have parked there" is not reasonable and not a defense. IT's plain stupid.
Relax, 10 deep breaths. He's at fault. If anything you may live in a comparative negligence state which may attribute fault to you in a trial for negligence but not a traffic ticket.
Obviously the police officer sees this which is why he didnt cite you.
Enjoy your turkey day. Remember no one was hurt. There was only property damage.
Hey Jeff, I know you're a lawyer so I definately feel better now that I have heard that from you.
Anyways, my thnxvigin is not ruined yet. I m SOOO looking ofrward to the black friday sale.
Anyone else going to CompUSA at 9PM turkey day?
boggtown
11-23-2006, 03:36
I hate black friday. I work at Abercrombie and Fitch and black friday sucks balls :mad: . At least its only once a year...
jeffsquire
11-23-2006, 03:38
Hey Jeff, I know you're a lawyer so I definately feel better now that I have heard that from you.
Anyways, my thnxvigin is not ruined yet. I m SOOO looking ofrward to the black friday sale.
Anyone else going to CompUSA at 9PM turkey day?
______________________________
I appreciate your commments but it doesnt require a lawyer to explain common sense. All persons who responded to your thread see that and it requires no legal training, even though Grizz is some type of lawyer/agent/underground/biohazard/double-secret-triple-threat/007 type that I"m even afraid to know what he does.
In fact, if you get in any more trouble with HOA guy just email Grizz and I'm sure your problems will just "disappear."
Hell, who is Grizz anyway. I don't know him, never knew him, never heard of him. . . . . :dance:
jeffsquire
11-23-2006, 03:42
I hate black friday. I work at Abercrombie and Fitch and black friday sucks balls :mad: . At least its only once a year...
____________________________
GOt sick of BLack friday two years ago. The discounts are great but not worth it anymore, at least at my age (40). I'll leave it to all the young whippersnappers to take advantage of all the low prices. :ah:
im 23 and i dont even care bout all that....but bestbuy should have GPS for 100 bux. sounds good
Grizz is some type of lawyer/agent/underground/biohazard/double-secret-triple-threat/007 type.
Jeff,
That's hysterical, but please don't make me laugh. It hurts. I did something to my back yesterday working on the 912 and right now I'm not feeling much like a threat to anyone. I had to get my wife to lace up my boots this morning 'cause I couldn't bend over far enough to do it. It's a bitch getting old.
Sounds like an open and shut case of a blind indian lady hitting your parked boxster. I wouldn't sweat it.
Every year, I tell myself that same thing .. black friday sucks .. discounts arent worht it .. damn rebates .. ect ect
but then i see the released deals .. and just ONE of them is just tempting enough to change my mind.
This year, its a 22" LCD for $199 no rebate, and 250GB External HD for $39.99.
Hopefully I can buy 3 and do a triple monitor setup on my comp. Imagine 66" of LCD goodness surrounding me and filling out my peripheral (sp?) vision when I battle the evil nazi in COD 2 which I will purchase for $9.99.
LOL
PS. Damn BoGG. NICE RIDE !! .. I m sure it looks much much better in person though. Especially at night under the street light.
This thread has been totally highjacked.
RandallNeighbour
11-23-2006, 13:16
vijen6: I predict both the insurance companies will collect your deductibles from each of you respectively and call this a no-fault, even though he's at fault and you were parked.
Why? It's cheaper than litigation, and if it's private property and no ticket was written, that's how it works (here in Houston, anyway). Now if the cop deems that it's public property, that might be different.
Jeff, can he sue this guy for anything? I've always wondered if I can sue an idiot who hits my car when I am totally in the right and he or she is too busy talking on the cell phone to see me or whatever...
And vijen6, please do me one big favor. Rant all you like, but please don't type the word "GD" in any form (typed out, with character replacements, etc.) as it is terribly offensive to me. I know you are mad and I'd be so angry I'd be spitting and cussing as well, but that's just one word I don't use, hear and don't care to read either... but hear me clearly here. You have a right to be pissed and I think you should do it here (forums are great for it!). Just leave that single word out for me. Thanks!
KronixSpeed
11-23-2006, 13:45
Adam post soo been hijacked i love it. my first couple of posts, i was pretty pissed because all my post would get hijacked with nonsense.....now i find that
i post soo much nonsense and have come to enjoy reading everyone elses posts.
happy thanksgiving to all my american boxster owners. have a great weekend. enjoy!
jeffsquire
11-23-2006, 14:05
[QUOTE=RandallNeighbour]vijen6: I predict both the insurance companies will collect your deductibles from each of you respectively and call this a no-fault, even though he's at fault and you were parked.
Why? It's cheaper than litigation, and if it's private property and no ticket was written, that's how it works (here in Houston, anyway). Now if the cop deems that it's public property, that might be different.
Jeff, can he sue this guy for anything? I've always wondered if I can sue an idiot who hits my car when I am totally in the right and he or she is too busy talking on the cell phone to see me or whatever...
_________________________________
Mind you I don't practice in property damange cases. My specialty is criminal law and civil/family law. But I can see a judge/jury (if it goes that far-probably not) maybe trying to split this baby in a 70%/30% fault, with HOA guy mostly at fault. But he's still mostly at fault. Plus I don't know how they distribute fault in CA. THere's this things called comparative negligence and such, which means fault is apportioned depending on the degree of negligence on each party.
cartegena had an obnoxious but appropriate analogy: "You should have just punched him in the head and said "you left your head there and it hit my fist!" Meaning if your head wasnt there my fist wouldnt have hit it.
Can he sue this guy? Not in the way you're thinking. This this will be between the insurance companies. Insurance companies include in their clauses the right to represent you, the insured, in auto/property collsions when a claim is made. IT's called subrogation. So on a personal level I don't think he'll be able to sue. There are plenty of exceptions though, but not my specialty. Here in MI i'd be able to tell him. (MI is a "No Fault" state)
That's my two cents. I'd be very interested in hearing from any CA lawyers or insurance folk out there lurking who specialize in this b/c I"ve seen your posts before. What do you think?
to me it seems very simple. not looking when reversing, hitting a parked car...simple as that, u werent even there.
To me its that black / white too, but you never know once these insurance lawyers get involved. No offense to lawyers, namely jeff. LOL.
It would really suck if I have to shell out $500 in deductible because some idiot didnt look before he reversed.
Hopefully a CA lawyer can chime in, but until then, I would need your expertise Jeff.
Assuming it is private property. Meaning owned by the planned community and not city road, what would happen in this case? Would the HOA rules prevail as 'law'?
It makes no sense to me that I would have to pay anything.
Imagine if you went to your parent's house to thanksgiving. Parked there, and this happened. Now there is absolutely no way you can know that you cant park there because and you dont live there, and there is no signs up. If you get hit, would you still have to pay? Would it be different for me since I am a 'resident' and should know the 'rules'?
If they make me pay my deductible, I might just decide that I am angry enough to drag this to a court room. Is that one of my options? Also who would I sue? The guy that hit me? His insurance company? My insurance company?
I also want my car fixed as quickly as possible, and if this drag to a court case, would I have to front the money to fix the damages?
dharrisonwu
11-23-2006, 18:53
I understand and empathize with your pain, but, I think you need to take a step back and see it for what it is:
First, this is a property damage case. No injuries, nothing. What are you likely to get out of it? Repairs to your car.
Second, the chances of a lawyer being involved in this type of accident are nill. Lawyers get involved when there are claims made for personal injuries and the insurance company does not want to pay, or does not want to pay enough.
Third, the police did not write a report if the accident occurs on private property.
Fourth, with respect to the HOA rules, yes, you are bound by them if you are part of the HOA. As far as the rule regarding no parking and the accident, they are two very different things from a legal standpoint. Your neighbor should have been more careful and regardless of whether you parked improperly or not, was negligent.
Finally, take it to court for what? To get your property damage claims? Let the insurance companies figure out liability and let them deal with it.
If this happened to me, I would call my insurance agent and report the accident. He would then setup an appointment at the claim center. Once there, they would look at the car and write me a check minus my deductable. Then I would wait for them to take care of the issue with the other insurance company and send me my deductable.
If you have to go to a hearing or submit a statement about this, I would state that kids play on or near that driveway and you are very afraid that your neighbor might run over one them (since he didn't see a CAR!!!).
jeffsquire
11-24-2006, 06:33
Jeff,
re: disappearing
That's hysterical, but please don't make me laugh. It hurts. I did something to my back yesterday working on the 912 and right now I'm not feeling much like a threat to anyone. I had to get my wife to lace up my boots this morning 'cause I couldn't bend over far enough to do it. It's a bitch getting old.
______________________________
Yeah, right. The old "working on the 912" excuse.
Translation: I parachuted into the arctic, infiltrated a terrorist Polar bear cell whose articles of faith call for the "manifest destiny" expansion of the Polar ice cap into U.S. territorial waters (this Polar bear group is so clever, they actually started the global warming thing). . . .wrestled with one of them who busted a "PolarBear" hug-move on me, hurting my back before I made him "disappear". . . .
Excuse me while I put up my cone of silence.
BuffaloBoxster
11-27-2006, 12:35
I was president of an HOA in NY when I owned a condo. All community property is equally owned by all of the homeowners, so community property is as much yours as his, at least in NY state. He's got no grounds there, at least from a legal perspective. The HOA may, at their discretion and according to the HOA rules, penalize you for parking where you shouldn't have. If they try, ask for a hearing.
The best advice I can give you is a) never run for any position on an HOA, and b)move to a place where you own the whole thing lock stock and barrel :)
YellowJacket
11-27-2006, 18:44
The way, I see it, you can continue to take advice from all of us "backseat lawyers" (no offense to the couple guys on here who actually ARE attorneys!), or you can do one of the following 2:
1. Call his insurance company, make a statement, being sure to include the information about you NOT being ticketed, about the lack of a no-parking sign, about the guy admitting to hit you, about the cop siding with you, and give them the police report #. File a claim with them as if, in your mind, there is no way you would expect them to do anything except pay the claim. This is what I did when my wife was rear-ended, and despite the insurance company being a no-name (Erie Insurance), they immediately sent us a letter accepting financial responsibility and processed our claim for damages and a rental car.
2. If you get the run-around from them, call your insurance company and explain what happened, and ask them to help you out. More than likely, they'll pay your claim instantly and then settle with the other insurance behind the scenes. I've done this before, and they're great about it.
Either way -- you need to spend less time talking to us, and more time talking to the insurance companies, because the longer you wait, the harder it's going to be to deal with.
Good luck!
jeffsquire
11-27-2006, 21:09
The way, I see it, you can continue to take advice from all of us "backseat lawyers" (no offense to the couple guys on here who actually ARE attorneys!), or you can do one of the following 2........
Either way -- you need to spend less time talking to us, and more time talking to the insurance companies, because the longer you wait, the harder it's going to be to deal with.
Good luck!
___________________________________
Your thread proves conclusively the power of many and the power of this forum.
Perfectlap
11-27-2006, 21:54
If i were you I would send him a basket of fruit and attach a simple greeting:
With War in the World Let's try and get along While we live next to one another.
There's nothing worse than living in an unecessarily unpleasant enviroment.
BE THE BIGGER MAN!!
If i were you I would send him a basket of fruit and attach a simple greeting:
With War in the World Let's try and get along While we live next to one another.
There's nothing worse than living in an unecessarily unpleasant enviroment.
Yes, a fruit basket with an elegant note would be very gracious of you. That's almost exactly what I had planned to suggest as well.
http://i84.photobucket.com/albums/k2/grizzly_011/targets-07.jpg
Good Night, Sweet Prince.
bmussatti
11-28-2006, 00:17
Grizz, who uses a phone booth anymore?? :)
jeffsquire
11-28-2006, 01:33
The way, I see it, you can continue to take advice from all of us "backseat lawyers" (no offense to the couple guys on here who actually ARE attorneys!), or you can do one of the following 2:
1. Call his insurance company, make a statement, being sure to include the information about you NOT being ticketed, about the lack of a no-parking sign, about the guy admitting to hit you, about the cop siding with you, and give them the police report #. File a claim with them as if, in your mind, there is no way you would expect them to do anything except pay the claim. This is what I did when my wife was rear-ended, and despite the insurance company being a no-name (Erie Insurance), they immediately sent us a letter accepting financial responsibility and processed our claim for damages and a rental car.
2. If you get the run-around from them, call your insurance company and explain what happened, and ask them to help you out. More than likely, they'll pay your claim instantly and then settle with the other insurance behind the scenes. I've done this before, and they're great about it.
Either way -- you need to spend less time talking to us, and more time talking to the insurance companies, because the longer you wait, the harder it's going to be to deal with.
Good luck!
____________________________
Now that I think of it this is the squeaky wheel defense/offense. TriGem2 recently employed this tactic with his Lexus dealer. I like it. another reason why folks like us/you are commonly referred to as the "Power of one." Fruit basket on the way inside a phone booth. Perfectlap, furnish this man with some Plexus; Grizz, give him a Batman decoder ring.
jeffsquire
11-28-2006, 01:39
If i were you I would send him a basket of fruit and attach a simple greeting:
With War in the World Let's try and get along While we live next to one another.
There's nothing worse than living in an unecessarily unpleasant enviroment.
BE THE BIGGER MAN!!
__________________________
The owls are not what they seem. Without chemicals he points. There's a man in a smiling bag.
LOL .. Just because I spend time ranting on this forum doesnt mean thats ALL i did.
I was finally able to get the decision today re: the whole incident.
Short version: I win.
Longer version: I win. Full claim paid. I just need to take it to a shop, get an estimate. And their insurance company will pay in full.
A few friends on mine that is less than honest have suggested ways for me to make money on top of this. Such as take it to a shop that will give me a kickback.
Ex: Actual cost to fix $500. They claim $1000. I get $500 mod money.
Have anyone actually done this and been successfull? Seem to me the insurance company would be on to this little trick already.
LOL .. Just because I spend time ranting on this forum doesnt mean thats ALL i did.
I was finally able to get the decision today re: the whole incident.
Short version: I win.
Longer version: I win. Full claim paid. I just need to take it to a shop, get an estimate. And their insurance company will pay in full.
A few friends on mine that is less than honest have suggested ways for me to make money on top of this. Such as take it to a shop that will give me a kickback.
Ex: Actual cost to fix $500. They claim $1000. I get $500 mod money.
Have anyone actually done this and been successfull? Seem to me the insurance company would be on to this little trick already.
Yeah, I've seen that trick before. I think it's called "the great insurance fraud trick" and it lands people in the pokey. :eek:
TriGem2k
11-29-2006, 23:19
V it's just not worth the trouble of being caught. Also the way I look at it, if the shop is willing to do something like that, then they probably aren't the greatest shop around. I would take my car to a great bodyshop and get the work done right rather than worry about pocketing a few extra dollars.
Get an estimate from a Porsche dealer body shop using all new parts. Get your check. Then do one of these:
Take the car anywhere you want to have it fixed. Completely legal.
Or do what I do. Buy the same color used parts for whatever can be bolted on and do as much as you can yourself. Completely legal.
Take your car and the check to the dealer and trade it in. Completely legal.
jeffsquire
12-01-2006, 14:40
LOL .. Just because I spend time ranting on this forum doesnt mean thats ALL i did.
I was finally able to get the decision today re: the whole incident.
Short version: I win.
Longer version: I win. Full claim paid. I just need to take it to a shop, get an estimate. And their insurance company will pay in full.
A few friends on mine that is less than honest have suggested ways for me to make money on top of this. Such as take it to a shop that will give me a kickback.
Ex: Actual cost to fix $500. They claim $1000. I get $500 mod money.
Have anyone actually done this and been successfull? Seem to me the insurance company would be on to this little trick already.
____________________________________
This is a crime so don't do it. Especially since you've published to the world. Congrats otherwise. Give us some detail about what happened.
Dr. Kill
12-01-2006, 21:44
My advice is to burn down your neighbor's house. That would show him.
boggtown
12-01-2006, 22:48
Ya, take it to the most expensive shop around and get a quote, then take it to the cheapest shop around to get the work done. According to you guys that is legal. Or as most do (if its not too bad) get a claim and never fix it, you may have a broken bumper (example) but you have money to spend on something else.
dharrisonwu
12-01-2006, 22:52
DON'T DO IT. WHAT YOU DESCRIBED IS A FELONY in most, if not all states. Even if you think you can get away with it, is it really worth it? My advice - - don't even think about it. Even if you ultimately get caught, prosecuted, and don't do jail time, a felony on your record is a huge issue!
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