Stuc
Stuc HalfDork
2/4/09 5:40 p.m.

Terrible day... I got sent home from work early because it was slow. On the way home, 30 seconds away from my house, I'm at a red light

waiting to turn right. Well, the light turns green, and I'm waiting for the two cars in front of me to go. I notice a semi behind me keeps

rolling forward... then bam! He's hitting me in my little 1985 Toyota Corolla.

Like a dumbass and half because I didn't want to get crushed I drive forward slowly as he's hitting me... I then take my right and the first

next right before stopping, making sure he's following me. He does.

So, I stop, and he acts all like he didn't know if he hit me or not and says that he doesn't know how his truck's flat bumper could have put

the pointed damage in the back of my car. I call the police... they take forever to get there, but I did name the wrong cross street...

Anyway, the officer finally gets there, he gives me crap about not having bumpers on my car. Okay, sorry, I was waiting to get some money,

but either way he still hit me, and still would have hit me if I had bumpers.

In the end, the officer says that he doesn't see how the semi could have put the damage in the back of my car like it is. At first I was

confused too... I couldn't really tell how the damage was how it was with his flat bumper (besides tow hook thing) but I was right there in

the car, and saw this massive truck come up in my rearview and felt the car lurch forward a couple times... I should have just stayed there

on the main road but didn't want to block traffic... dumb.... never again.....

I wouldn't let it go and the cop started getting mad at me... I told the other dude he was a 'lucky motherf*er' and the cop got real mad...

couldn't do much else, all I had was my E36 M3ty phone to take VGA pics with... so left. Then I went back with my Nikon D50 and took pics of

road width and damage to my car with measuring tape... now I just need them of the truck and to make some diagrams... I think that stupid tow

hook thing hit me even though my car got hit on the left and he only had his right hook in. I think it was because I always hug the turn

when I turn right and trucks (he had an oversized trailer) have to claim the left side of the lane and even space in the next lane over to

make tightish right turns.

But if I do all this work, where do I present it to make a case? Can I do it anywhere? After the police officer said he wasn't citing anyone

at fault? We did atleast get drivers' exchange of information...

Anyway, I'm trying to put a case together how his truck could have done the damage by measuring everything up where the damage is, width of

the road, etc.. but how could I bring this to court or whatever?

GameboyRMH
GameboyRMH GRM+ Memberand SuperDork
2/4/09 6:19 p.m.

Wow that sucks. Did you get any real frame damage?

And a truck driver can easily bump a little 2klb car without noticing.

driver109x
driver109x Reader
2/4/09 6:19 p.m.

Sorry to hear that man. Maybe try a lawyer and see if you have a case? Unless its obvious, you gotta have a witness.
Almost a year ago, my Starlet got rearended. I was at a stoplight when a small suv avoided the car in front of him and switched lanes and hit me. Shortly after a CHiPs came and I asked for a report. The officer said the other guy gave a different story, he said I cut him off, therefore we both get a point on our record. I tried a lawyer and the other insurance would not admit fault and since I have no witnesses, I'm SOL. I even got a second opinion. I could've sued or at least small claims court but f' it. At least I didn't have to pay for the lawyer and therapy.

ddavidv
ddavidv SuperDork
2/4/09 6:29 p.m.

Lawyer=waste of money, even if you can find one to take the case. You need to call the trucking company or their insurer and hope they pay for it. It's going to be he said/she said and the truck driver is already saying he didn't do the damage. It's not looking good for you. Learning experience. Move on.

porksboy
porksboy HalfDork
2/4/09 9:36 p.m.

With a little luck the trucking firm is out of your state. File a suite in small claims court. If you are even luckier the firm wont send anyone to court and you get a default judgement against them. Collecting is another story but is more sucessful agains a company than an individual. You also dont need a lawyer to do this. I could be totaly wrong as I am not a lawyer and never played one on television

Greg Voth
Greg Voth Associate Publisher
2/5/09 8:03 a.m.

Basically what ddavidv said.

It is a he said she said without obvious damage that the semi caused. Also generally the police report is taken as gospel unless there is solid proof otherwise. There most likely is not a report filed on this since there was no major damage and no injury. You will likely not find a lawyer to take the case since you were not injured and it is hard for them to take 33% of property damage.

I was a commercial casualty adjuster for a couple years and you are basically SOL unless the trucking company or their insurance company wants to pay to get you of their backs. Still do not expect much for what sounds like minor damage. I would make an attempt but not expect any real results.

4cylndrfury
4cylndrfury Reader
2/5/09 8:12 a.m.

not to mention that a AE86 is not worth too much unless youre on GRM forums all day...they may want to total your car if the damage is exstensive enough...they just dont have much BlueBook on em anymore...Sorry bro. Personally, lil Rokus are one of my all time favorite cars, I would be &*#^$'ed off too.

You may have some luck if you just pester the hell outa the trucking firm. They may pay you just to make you go away. But if they are big enough, they may have some type of internall protocol set up that they basically wont pay a dime untill criteria like police reports and court docs are submitted. Again, Im no lawyer, and have never been in this type of situation, so I have no 1st hand details.

Sorry again man

foxtrapper
foxtrapper SuperDork
2/5/09 8:46 a.m.

PIctures would certainly help, and that includes in this thread.

Claiming pointy pokey type damage from a flat bumper is a hard case to make. Finding paint or such on the bumper of the truck would have helped.

If you wish to really fight, a small claims lawsuit, filed yourself is relatively cheap. Don't get a lawyer, the judge will generally hold your hand when you're standing their yourself, and it's really not hard to do. The trucking company may just pay you off if it's cheaper than going to court.

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