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Posted on 6/30/15 at 2:27 pm to CSB
quote:
There is no fault determination in private property accidents. Hope you have full coverage.
This. I've been burned by this 3 times in my life so far.
You dumbasses sure about this? so far at least three people have said this in this thread. Please commence the stupidity...
Posted on 6/30/15 at 2:31 pm to wheelr
Posted on 6/30/15 at 2:32 pm to lsuwontonwrap
quote:
That's one hell of a sketch
Posted on 6/30/15 at 2:33 pm to Motorboat
quote:
There is no fault determination in private property accidents. Hope you have full coverage.
I don't know what this means. If you mean the police will not write a ticket, that is probably right. But if you commit a tort with an automobile, you are going to be liable, private property or not.
Posted on 6/30/15 at 2:51 pm to JudgeHolden
quote:
I don't know what this means. If you mean the police will not write a ticket, that is probably right. But if you commit a tort with an automobile, you are going to be liable, private property or not.
Hey now, get that correct information out of here. Let's just go back to a simpler time where the driver of Car B was at fault.
Posted on 6/30/15 at 2:56 pm to JudgeHolden
Thank you judge for the insertion of intelligence into this thread.
Posted on 6/30/15 at 2:58 pm to wheelr
If you hit the open door of a car, the driver who opened the door is at fault.
It is the responsibility of the person opening a car door to ensure that there is no traffic approaching before they do so.
Additionally, parking lot accidents are not always "no fault". It is harder to determine negligence in these situations, but there are rules that apply.
For instance, any moving vehicle that hits a legally parked car in a parking lot is liable for the damages. Any vehicle leaving it's parking space must yield to oncoming traffic.
It is the responsibility of the person opening a car door to ensure that there is no traffic approaching before they do so.
Additionally, parking lot accidents are not always "no fault". It is harder to determine negligence in these situations, but there are rules that apply.
For instance, any moving vehicle that hits a legally parked car in a parking lot is liable for the damages. Any vehicle leaving it's parking space must yield to oncoming traffic.
This post was edited on 6/30/15 at 2:58 pm
Posted on 6/30/15 at 3:02 pm to JudgeHolden
quote:
I don't know what this means. If you mean the police will not write a ticket, that is probably right. But if you commit a tort with an automobile, you are going to be liable, private property or not.
Right. I knew no one would be cited at fault by the police but I called them over to get a report anyway.
It looks like I may be on my own though. Probably not worth civil litigation.
I did try getting the camera footage from the store owner. He told me the cop would have to come fetch it or I'd need an attorney to subpoena it. When I went to talk to the cop about it he cut me off, and with attitude, said "I don't know what you are trying to prove here. Blah blah blah". So I said thanks and walked off.
Cheers to the Broussard Police Department
This post was edited on 6/30/15 at 3:06 pm
Posted on 6/30/15 at 3:03 pm to theronswanson
quote:
Let's just go back to a simpler time where the driver of Car B was at fault.
Ha! I still think it is Car A's fault. As I see the diagram, his door was outside his parking slot.
Posted on 6/30/15 at 3:03 pm to toosleaux
quote:
There is no fault determination in private property accidents. Hope you have full coverage
That is only partially true. Law enforcement will not find fault, but the insurance companies will. LA is a comp.neg. state meaning you can be at fault anywhere from 0% to 100%, and anything in between. I'd go 50/50.
Posted on 6/30/15 at 3:08 pm to wheelr
quote:
I called them over to get a report anyway.
Ok. Rant begins.
WTF? You got a ding that is likely within your deductible, and all of a sudden the rest of society has to subsidize your claim? The police have better shite to do than that!
What kind of wanton hubris leads you to believe that the police should become your scribe on a simple property claim? Was a crime committed? Do you not have a cameraphone? Take some GD pictures and move the hell on!
You are like those a-holes who sit in the middle of a lane after a rear-end collision in which no one is hurt waiting on the cops. WTF? Like the police report is going to make any difference?
(Aside and less-than-subtle brad: I actually won a rear end collision case on behalf of the defense for the following driver. Overcame the presumption. But it wasn't because of a police report).
This is a civil property matter and small one. Take your tiny dick need to be right and get the hell off the parking lot.
Rant ends.
This post was edited on 6/30/15 at 3:11 pm
Posted on 6/30/15 at 3:13 pm to JudgeHolden
Interesting. I thought filing a report would help me with an insurance claim. Perhaps not.
There is not a little 'ding' either. There is a fair size dent in one of the folds of the door panel. I don't think it will simply pop out. Not to mention there is a fair amount of paint damage.
There is not a little 'ding' either. There is a fair size dent in one of the folds of the door panel. I don't think it will simply pop out. Not to mention there is a fair amount of paint damage.
This post was edited on 6/30/15 at 3:14 pm
Posted on 6/30/15 at 3:16 pm to wheelr
This post was edited on 6/30/15 at 3:17 pm
Posted on 6/30/15 at 3:26 pm to toosleaux
I wish district attorneys would start prosecuting people for givING legal advice.
Posted on 6/30/15 at 3:30 pm to wheelr
quote:
wheelr
Sorry to jump your arse so hard. I'm in a fighting mood.
Seriously, though, let your insurer handle it. If you don't have collision coverage, then make a claim against the other guy's insurers.
If you get a wreck and no one is hurt, get the other guy's insurance information and driver's license number, give him yours, snap some shots, and move one. But whatever you do, and if you can do it safely, get the frick out of the road.
This post was edited on 6/30/15 at 3:31 pm
Posted on 6/30/15 at 3:31 pm to TSLG
quote:
I wish district attorneys would start prosecuting people for givING legal advice.
Are you including lawyers in this number?
Posted on 6/30/15 at 3:36 pm to JudgeHolden
quote:
Sorry to jump your arse so hard. I'm in a fighting mood.
Seriously, though, let your insurer handle it. If you don't have collision coverage, then make a claim against the other guy's insurers.
If you get a wreck and no one is hurt, get the other guy's insurance information and driver's license number, give him yours, snap some shots, and move one. But whatever you do, and if you can do it safely, get the frick out of the road.
It's the internet bruh. I don't take it personal.
The other guy would not give me his information. I asked him for it and he refused.
Posted on 6/30/15 at 3:55 pm to wheelr
quote:
The other guy would not give me his information. I asked him for it and he refused.
Well that does put it in a different light.
Posted on 6/30/15 at 4:09 pm to JudgeHolden
Yes, what you are saying is true. The problem is that you have to fight with the insurance companies to determine fault. It is almost always more of a headache than it is worth to fix a dent in your fender when the accident happens on private property.
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