Stupid People !

[lil_thorny]

What is this "waving-out" business, I've never heard of it...you mean..if you are at a 4 way stop or something? Greg, please explain...

[cornercamping]

I'm someone that deals with my actions and faults. For instance, 2 years ago, I caused an accident at Gingerman speedway.  Long story short, I went in way too hot and took out a guy.  He wasn't hurt, but it broke up his bodywork and other parts.  Well, even though it's racing, since it was totally my fault, not only did I give him the standard apology, but I also gave him a check for the body work, clip on's and rearsets I caused damage to.  He didn't want to take it, because he felt that it's just racing, but I demanded he did. My error of flying into the turn way to hot trying to outbrake a pack of 6 bikes :)cost me over $1,000.00   I felt that was fair, and I learned from my mistake.

*WAIVER*

This doesn't mean you guys should try to get me so excited that I cause another accident and have to buy you new bodywork  :P

[cornercamping]

What is this "waving-out" business, I've never heard of it...you mean..if you are at a 4 way stop or something? Greg, please explain...

All the traffic around me was stopped at a red light.  I was making a left, so both lanes of cars that would be blocking the driveway I was sitting in stopped before the drive to let me out so I could make my left turn.  The two cars that were letting me out both "waived" me to go because I could make a left in clear traffic.  Some how, they  didn't see the car flying down the turning lane.

[lil_thorny]

I gotcha...you were pulling out into traffic from a driveway... and the line of cars waiting at the light
obstructed your view?  Were you backing out?
Either way, tough break. Did she actually file a lawsuit against you?  Goodluck.

[cornercamping]

I gotcha...you were pulling out into traffic from a driveway... and the line of cars waiting at the light
obstructed your view?  Were you backing out?
Either way, tough break. Did she actually file a lawsuit against you?  Goodluck.

No, I was pulling forward making a left.  It's a 4 lane highway with a turning lane.  The cars in 2 lanes stopped to let me out. She was flying down the turning lane and hit me (drivers side.)
She hasn't filed suit yet, but her attorney sent me a letter demanding $5K or they will file suit within 10 days.

[spyderchick]

Dude, i understand your frustration, but Jeff is right, go to court with facts, and nothing more. They won't allow it anyhow. For the record, she's 17, right? She's not going to be rational the way an adult would be. She's scared, sees no way of getting the value of her car paid for, (I'm sure if she had insurance, they told her the value of her vehicle, and that she will get that amount minus the deductable), thus YOU (in her 17 yr old brain) will have to cover the cost of replacing her car.

She's going to get a civics lesson, though. You go to court, state your case:
I'm (meaning you) at fault
She said she was ok and denied any medical attention
Take responsibilty
Offer a check on the spot for blue book value of her car. ($1200)

No more, no less.

Let the judge decide, then let it go.

[spyderchick]

She hasn't filed suit yet, but her attorney sent me a letter demanding $5K or they will file suit within 10 days.

Send a letter back offering the value of the car, and include affidavids from your witnesses and the accident report. If she takes it, she will only get the lesser amount, minus attorney's fees.

[cornercamping]

That's exactly what I'm going to do.  I'm just gonna tell her attorney that I will see her in court.  Then, I'll go take pictures of her car, showing all the rust, cracked back window (not caused by the accident) and how crappy her car is even before the accident.  Call all the witness' in from the accident to the civil suit, and then tell the judge it's my fault, but the amount her attorney is demanding is 9 times more than the car is actually worth, and let him decides.  Anyone with common sense will see the pics of her car and know it's a piece of crap. If the judge awards her the $5K, then I appeal it to a higher court.  I'm not offering her anything right now.  I'll spend $100.00 and have her car professionally appraised under the assumption of no accident damage, and see what it's actual market value is.  I think she'll be lucky IF she gets $1K out of the deal.  17 years old or not, she's playing hardball.  Well, she threw the pitch by calling a lawyer.  She has my number and could have called me and I would have willingly given her the fair value of her car.  Now, she screwed herself.  I'm not giving her anything without a court order to do so.  Is it my fault regarding the accident, YES.  

[MudDawg]

I see 2 issues here.

1.  The fault of the accident.  (You admitted it's basically yours....and from your past racing story...seem to be an honorable guy.)  

2.  Value of her vehicle.  She's 17 years old.  Probably saved up for it....can't afford another newer car.  

So think about the value of her car, the fact that she evidently did nothing wrong to cause this accident, and that she's no longer got transportation.  Then factor in the stupid/young factor.  Probably she figured that going to a lawyer was in her best interest.  

The lawyer knows that if he gets involved in any way...he's going to get some money. (30% pobably....for writing a letter  only is my guess.)  She probably doesn't realize that talking to you would have been in her best interest....instead of a lawyer.  

Try talking to her...calmly and reasonably...with the Kelly Blue Book information printed out in front of you.  Mention the fact that she had no injuries to use against you.  So it's basically only a loss of property claim....which she is NOT going to get 5K for....and her lawyer knows it.  If blue book is 1200 then she will probably only get 900 after said lawyer if she goes to court.  

[cornercamping]

I see 2 issues here.

1.  The fault of the accident.  (You admitted it's basically yours....and from your past racing story...seem to be an honorable guy.)  

2.  Value of her vehicle.  She's 17 years old.  Probably saved up for it....can't afford another newer car.  

So think about the value of her car, the fact that she evidently did nothing wrong to cause this accident, and that she's no longer got transportation.  Then factor in the stupid/young factor.  Probably she figured that going to a lawyer was in her best interest.  

The lawyer knows that if he gets involved in any way...he's going to get some money. (30% pobably....for writing a letter  only is my guess.)  She probably doesn't realize that talking to you would have been in her best interest....instead of a lawyer.  

Try talking to her...calmly and reasonably...with the Kelly Blue Book information printed out in front of you.  Mention the fact that she had no injuries to use against you.  So it's basically only a loss of property claim....which she is NOT going to get 5K for....and her lawyer knows it.  If blue book is 1200 then she will probably only get 900 after said lawyer if she goes to court.  

Well, get this.  After further research, and looking up the law in MI, she is only entitled $500.00 from my insurance company, and not a penny more.  This is per my attorney.  She can attempt to come after me personally, but my attorney said that the case will get thrown out before we even get infront of a judge.  He told me to let them file, and not even go to court with an attorney.  Here's MI No-Fault Law:

Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance. An action for damages pursuant to this subdivision shall be conducted in compliance with subsection (4).

[MudDawg]

Well, get this.  After further research, and looking up the law in MI, she is only entitled $500.00 from my insurance company, and not a penny more.  This is per my attorney.  She can attempt to come after me personally, but my attorney said that the case will get thrown out before we even get infront of a judge.  He told me to let them file, and not even go to court with an attorney.  Here's MI No-Fault Law:

Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance. An action for damages pursuant to this subdivision shall be conducted in compliance with subsection (4).

OK...sounds like you are covered.  So then what are your plans?  Laugh at her and say...best you get from me is $500?  Or...best you can legally get from me is $500....and I'll give you $X.xx since it was my fault and I feel bad?  (Or....Screw you...sending a lawyer after me???)

[cornercamping]

OK...sounds like you are covered.  So then what are your plans?  Laugh at her and say...best you get from me is $500?  Or...best you can legally get from me is $500....and I'll give you $X.xx since it was my fault and I feel bad?  (Or....Screw you...sending a lawyer after me???)

Actually, I'm not gonna say a word.  I'm going to send a letter back to her attorney saying in a polite way "see you in court asshat."

I'll let her attorney think I'm a scared idiot, and then hit them with everything infront of a judge.  Also, my insurance company already paid her the $500.00 3 weeks ago, but I have a feeling that her car is officially totaled, she had PLPD insurance with no collision coverage, and is now grasping for a way to buy a new car, and $500.00 isn't going to cut it.  I kind of feel bad for her, but I kind of don't.   I feel bad that she doesn't have a car, but to me, she's going about it the wrong way by hiring some sleeze bag attorney to try and "intimidate" me into giving her $5K.  If she would have contacted me, I would've given her blue book because it was my fault, and I feel bad, but now..... it depends how I feel when we go to court.  
If for some reason the judge feels bad when she starts crying in court, then I'll throw the blue book thing into the loop, but otherwise, I'll point out that she has already been paid in accordance to the laws of the State of Michigan.  Anything else is personal liability, and since she was not hurt, she gets nothing.  I don't wanna be a p@ick, but I don't like getting messed with.  I'm reasonable, but throw a fastball at me, and I'm throwing a nuke back at you.