View Full Version : Rear-ended by a douche with no license/insurance
Kallikak
09-28-2006, 08:50 PM
What amazes me is that the cops let the guy drive off with just a ticket for driving without a license or insurance and following too close. That's what pisses me off more than anything. That seems to me like stopping a burglar, giving him a fine, and allowing him to haul the loot home. :duh:
The impact was strong enough to give me a mild case of whiplash. My neck has been hurting all day and I've had a bad headache. Suprisingly, my bumper was only pushed in a little (as in a couple centimeters or so) only in the point of impact and the paint was chipped off a little. The bumper to the other car (1993 Dodge Shadow) was cracked in several places. Are these sturdy bumpers or what? I can tell my car was rear-ended once before; I wonder if a previous owner got a little creative with bumper reinforcements. Doubt it. My guess is that Dodge Shadows have crappy bumpers.
The guy who hit me didn't speak English either. Anyone really think he's in this country legally? Sheesh.
OptionZero
09-28-2006, 09:40 PM
If you have his plate and the names of the cops, hire a lawyer.
Of course, if the guy who hit you has no money for you to...acquire...then its hopeless, unless he has a rich uncle or something.
Kallikak
09-28-2006, 09:50 PM
I have that info, but I don't have the scratch to hire a lawyer.
I doubt the guy has any money anyway. Why else was he driving a Shadow?
If I was the cop, I would have given him the ticket, sit back in my cruiser, and wait until he left. As soon as he started driving again, I would have pulled him over and given another ticket for driving without a license. Repeat as necessary.
I have a friend who is going through the process of becoming a cop. I should have some connections down at OPD sometime next year. I'm sure something will be able to be done.
at least you got off with a slight ding.
I got rear ended in my old prelude and the car was TOTALLED. I didn't get SHIT.
:( I feel your pain man.
BoLLeH
09-28-2006, 10:04 PM
The guy who hit me didn't speak English either.
So he is from Zilvia?
WilloW
09-28-2006, 10:16 PM
So he is from Zilvia?
Hot damn! LOLz.
"Kallikak"
That sucks man, atleast your ride is not totaled and you're not in ICU right now. When I was living in Cali, this was on my top ten list of "road hazards". Get some rest and be glad you're in one peice.
Hksuperman4000
09-28-2006, 11:37 PM
What was the guy who hit you?
Rayne
09-29-2006, 12:48 AM
With your neck hurting as it is. You better believe you have reason to call a lawyer. Whiplash won't go away with just pain killers. Your neck needs to be readjusted by a chiropractor.
Megadang
09-29-2006, 01:16 AM
You don't need scratch to hire a lawyer, usually they take a 1/3 of what ever they recover. Look through the yellow pages, make some calls to a few lawyers, and that should give you a better idea of what to do. Thats what I did a few yrs back. I was sitting in gridlock traffic with two of my buddies. I was looking in my rearview mirror and could see the driver messing with the convertible of the Mustang. We braced ourselves and got rearended by some Italian tourists. When I got home I called my insurance to claim it, then called my lawyer. She arranged for the 3 of us to see the chiropractor, and about 8 months later, after getting the ok from the chiro that we were fully mended. We each got 2000 dollar checks. It was pretty sweet. So definetly call some lawyers and see what your options are. Good Luck!
big_schaf
09-29-2006, 01:56 AM
shitty..got any picts...was it a areo bumper?
Paul Frank
09-29-2006, 03:54 AM
With your neck hurting as it is. You better believe you have reason to call a lawyer. Whiplash won't go away with just pain killers. Your neck needs to be readjusted by a chiropractor.
Are you serious?? Damn, I've gotten whiplash so many times. My neck always hurts in the morning every time I wake up, but I just shrug it off like its no big deal. I've been dealing with it for a few months now, but I never thought it could be serious. Should I get it checked out and just hit up a chiro?
P.S. I heart your sig.
DrtyRat
09-29-2006, 07:08 AM
I have that info, but I don't have the scratch to hire a lawyer.
The type of lawyer you would call works on a contigency basis. Meaning, if you don't get any money, he wont charge you a penny. It doesnt hurt to call.
Kallikak
09-29-2006, 08:12 AM
Thanks for the info guys. I'm seeing a chiro monday. I'll see what he says.
It was the factory bumper. I swear the impact was strong enough that until I looked at the damage, I was sure there was going to be some sheet metal damage. I was really upset; I was debating in my head whether I should just kick the guy's ass and be done with it or go through the legal measures. After having spent the prior two days at the Des Moines police academy for the Sigarms Academy Armorer's Course I decided I didn't want to go to the Omaha cop shop that day.
The whiplash I have is fairly minor; I still have full movement. It just hurts a little and I've had a headache (going away now.)
Honestly I'm just glad my car is OK. I just bought it two months ago on Ebay for $2K. Not bad for a '92 coupe with a solid body, drivetrain, interior, etc. (and Silvia kit parts thrown in for good measure.) I'm glad I don't have to search for another deal like that.
My uncle is a corporate attorney. I need to contact him and see what he thinks I can do. I don't know how much money you can get if the other party doesn't have any but hell, doesn't hurt to ask him.
One thing is for sure; I have much greater confidence in the structural integrity of 240SX rear bumpers now. I would have expected my Caprice to be able to take a hit like that, but not the Nissan. Dear God, I'm glad I don't still have my motorcycle. That would have been bad.
HyperTek
09-29-2006, 09:20 AM
the hell this guy even on the road.. i say go for everything.. they shouldnt be on the road like that.. it pisses me off.. good luck! yah being hurt isnt cool
Phlip
09-29-2006, 09:45 AM
You have the guy's info, right?
In NC, we have this thing on EVERY liability insurance policy called "Uninsured Motorist," where they pay for the shit that happened to you and/or your car, at no penalty to you, provided there is a police report removing you from being at fault and/or a ticket given to the other driver.
The money for that is then held against that individual, kinda like a lawsuit, they cannot get a legal license or NONE of that shit until they have paid back your insurance company.
turknjd
09-29-2006, 10:17 AM
yeah, uninsured motorist is standard even with liability only. if you have insurance, you should have u. m. i was rear ended by a guy with no insurance and my insurance company took care of it and all i have is plpd with uninsured motorist coverage.
Kallikak
09-29-2006, 02:23 PM
Insurance is working on it now. Got to make a trip to the cop shop and fill out a state accident report. I'm going to push it as far as I can just on general principle. If I have to pay for insurance, damn well you should,too.
Not to mention people who don't know what "threshold braking" is...or who follow too close going downhill in the rain.
aNskY
10-01-2006, 09:34 AM
you may be covered by your own insurance, but youre not gonna get anything fron the mexican. i guarantee he didnt even give you real contact info.
Kallikak
10-01-2006, 05:34 PM
He didn't. He gave the cops real contact info. Then the cops gave it to me. :hammer:
I'd expect him to be able to understand "su nombre, motherfucker," but it wasn't until the cops showed up, one of them speaking Spanish, that he cut out the "wahh, I don't speak English, I can't be held accountable for anything" game.
Of course nothing is going to happen to him or the douche who owns the car. At least my car came out of it better than his.
take him to people's court :/
Shits, sorry about that. Welcome to our world here in south Florida. Hell, not even the legal citizens have insurance/licenses here, everyones riding dirty. :squintd: Definately worth it to have uninsured motorist coverage...
steve shadows
10-01-2006, 08:48 PM
sounds like illegal immigration issue to me.
gotta240
10-01-2006, 09:54 PM
YOU FUCKING BITCH ASS HOES who are saying to call a lawyer are fucking pussies, and the scum of this fucking country. Yes i'm in a bad mood, but do you really think it is necessary to sue the shit outa somone for MINOR WHIPLASH?!
If he had permanent or substancial injuries, by all means i understand. BUT FUCK, people should stop sueing for BULLSHIT. That is a huge problem with this country and i'm sick of its scumbags after others money for any and every reason.
oh. and sorry to hear you got hit. I know that can be VERY FRUSTRATING especially when your all legit. You should get paid the couple hundred bucks for bumper and paint though.
Woah, calm down! Yeah, there's a lot of stupid and frivalous lawsuits in this country, but this has way more merit than the lady that sued McDonalds because the coffee was too hot...and she won!? WTF?
OptionZero
10-02-2006, 01:51 PM
she won at trial, but the case was overturned on appeal. Justice prevails, the only question is when (usually).
Cashizslick
10-02-2006, 03:08 PM
With your neck hurting as it is. You better believe you have reason to call a lawyer. Whiplash won't go away with just pain killers. Your neck needs to be readjusted by a chiropractor.
Not to mention the extreme duress and emotional trauma you encounter every day you sit in your car . . . .
At least talk to a lawyer about your case and see what they say.
i would take it a step further, and take the trial to a civil court. see if johnny police officer likes be taken to court for negligence. when the driver of the other vehicle obviously didn't have any idea what he should be doing, they should have taken him off the road. they are liable for the safety of the people on the road. when they don't take siad people out of the equation, after those people PROVE they are a threat, they are nigligent.
Gotta - I feel your pain, i do, but i think in this case it is a question of making sure that the people who do something like this don't go out and do it again. my biggest issue is with the cop putting that bastard back on the road with only a ticket. when he rolls back across the border, i bet he tosses that ticket into the street.
you live in socal like me, and i know you don't want that asshat hitting you next anymore than i want him hitting me.
maybe we will all get lucky, and he'll turn in front of a bus, then nobody will have to worry about him anymore, and we can all be happy.
Except Kallikak, whose neck hurts and whose bumper needs paint.
redsuns3838
10-02-2006, 03:27 PM
YOU FUCKING BITCH ASS HOES who are saying to call a lawyer are fucking pussies, and the scum of this fucking country. Yes i'm in a bad mood, but do you really think it is necessary to sue the shit outa somone for MINOR WHIPLASH?!
If he had permanent or substancial injuries, by all means i understand. BUT FUCK, people should stop sueing for BULLSHIT. That is a huge problem with this country and i'm sick of its scumbags after others money for any and every reason.
so u bitch about suing, and then u tell him its only fair to get some cash for his car bumper??. but his chiropractor/doctor bills are a nono? umm ok... last i checked personal health tends to be higher on the totem pole than ur rear bumper.
the guy has NO insurance, prolly an illegal immigrant, and all that bullshit. i dont think asking nicely for 300 bux will work. thats why you sue.
this is totally different than the "lets make a few quick bux cuz were so stupid we spilled hot coffee in our laps" BS.
Rayne
10-04-2006, 12:30 AM
Are you serious?? Damn, I've gotten whiplash so many times. My neck always hurts in the morning every time I wake up, but I just shrug it off like its no big deal. I've been dealing with it for a few months now, but I never thought it could be serious. Should I get it checked out and just hit up a chiro?
P.S. I heart your sig.
Yes, I am serious. Whip lash mess up the proper alignment in the neck. Which in turn messes with the alignment of your entire spine. From there you get other non related health issues. Definately see a chiropractor about it.
Concerning the sig.....I was initally against weed until I injured my lower back during a fall at a local skatepark one day and the automobile accident I got into. A little bit after my first hit or two, off a joint, the pain I had been in was relieved. I became a daily pot head from then on out...until I moved back to Texas this past May.
Woah, calm down! Yeah, there's a lot of stupid and frivalous lawsuits in this country, but this has way more merit than the lady that sued McDonalds because the coffee was too hot...and she won!? WTF?
The media made that case sound like a joke, but there was much more to it. It wasn't just a frivilous lawsuit. At the time, McDonalds was trying to have the best coffee, and they did all these tests of different beans, serving temperature, etc. There were memo's within the company that said that the temperature at which they decided was the best to serve the coffee at could cause serious harm if someone were to spill it, and they decided to stay with that brewing and serving temperature anyway because their tests showed that that would make the best coffee.
When the lady spilled the coffee in her lap, she was wearing polyester pants that melted into her skin, and she ended up with third degree burns. She had to have tons of surgery, receiving multiple skin grafts. Can you imagine the pain of third degree burns on your inner thighs? Yes she did win the case, but it was not overturned. What WAS overturned was the amount of money she was awarded. They just decided that the amount of money the jury wanted to give her was too much, but she did still receive a large amount of money to compensate for her medical bills and pain and suffering. I totally agree with the outcome of this case. McDonald's knew the risk and did nothing about it. That's text book negligence.
Going a bit OT here
Look. Coffee is hot. Who dosen't know that. Its not McD's fault that SHE spilled it on herself. If she would have gotten burnt by drinking it or holding it fine, because thats the way its intended to be used. Do you think if I run arround with a Bic Pen and fall and stab my stomach, and the pen gets stuck deep in there that I should sue them for not putting a warning or making their pens too sharp? WTF.
And there's a million other stupid lawsuits. How about the theif that broke into a house and sued the homeowners because he broke his leg when he was trying to espace out a window, and he won too from what I remember!
And I still say the original poster has more merit...
That's a terrible comparison. People spill stuff all the time. I'm pretty sure people don't run around with pens and happen to fall just right as to stab themselves all the time. It's considered a risk. McDonald's knew that this was a risk, why else would it have been brought up? They ignored the warning. If you have the time, you really should research the case and get the real story. Also read about torts. McDonald's committed a tort. That's how the law works in the United States.
The point is not that the coffee was hot. coffee is hot, that's clear. the point is that the coffee was excessively hot, hot enough to cause serious bodily harm, and mcdonald's knew this. If you spill coffee on yourself, it's going to hurt. Coffee is supposed to be hot, that's obvious. But it's not supposed to be send you to the emergency room for a skin graft hot. There is no reason why you should receive 3rd degree burns and have to have a freaking skin graft.
usdm180sx
10-04-2006, 12:15 PM
i would take it a step further, and take the trial to a civil court. see if johnny police officer likes be taken to court for negligence. when the driver of the other vehicle obviously didn't have any idea what he should be doing, they should have taken him off the road. they are liable for the safety of the people on the road.
:werd: I would report the cop for letting someone drive off knowing that the person is uninsured.
Kallikak
10-04-2006, 11:29 PM
I have a friend, a Marine, who is on track to get hired with OPD. Hell, I'm thinking of applying for OPD.
I have Officer Negligent's name and badge number. If he's letting illegals drive off uninsured, he's probably doing other shit that can get him canned. I'll tell my buddy to keep an eye on him. Bwah hah.
Enough said on that front.
In any event, went to the chiro, got X-rays taken, insurance company says they will cover chiro and give me something for "pain and suffering" in the neighborhood of $500-1000. That is fine by my book. As much as I detest the fact that Miguel Perez is driving around uninsured in Jorge Hernandez's Dodge Shadow, $1000 is not an insignificant amount of money for me. Court? I don't see the point; a lot of work for not much benefit for me. I simply don't have the time to deal with that. Eh, if I really wanted "justice" I'd just go slash the guy's tires or something, but I don't feel emotionally driven to retaliate anymore. I'm getting treatment and I'm going to be financially compensated. I'm happy with my insurance company so far. I'm calling it a day when I get a compensation check.
Cheers everyone. Let's hope he rear-ends my Caprice next time. I'd love to see what a solid American chrome bumper can do to a silly Dodge Shadow. ;)
I'd hang on to that pain and suffering money to pay for your increase in your insurance premium after all this. If your insurance provider is like any of the one's i've ever heard of, your premium goes up anytime you turn a claim in. I hope for you that I'm wrong though! good luck!
Kallikak
10-06-2006, 10:48 AM
Don't you see? You don't need insurance! The cops will let you drive away without it. I'm not going to bother to renew my license, either.
Kidding. Seriously though, insurance man tells me my premium will not go up due to the fact that the accident was unquestionably the other guy's fault. That pain and suffering money is going towards a scope for my Remington 700.
Umm, I just realized that the last sentence sounds like I want to do harm to the guy; that's not the case. Firearms are just another hobby/money pit for me in addition to cars.
That pain and suffering money is going towards a scope for my Remington 700.
Umm, I just realized that the last sentence sounds like I want to do harm to the guy; that's not the case. Firearms are just another hobby/money pit for me in addition to cars.
haha, yea..if you say so.. :rl: is rounding up illegals a hobby of yours too? haha jk.
thejapino
10-08-2006, 04:05 AM
Gnnr Woah, calm down! Yeah, there's a lot of stupid and frivalous lawsuits in this country, but this has way more merit than the lady that sued McDonalds because the coffee was too hot...and she won!? WTF?
How about the burglar who was trying to break into someone's home and fell through a skylight window and funked themselves up pretty bad landing on some silverware. The burglar ended up sueing the owner of the house for his injuries!
THATS that Bushllit
Don't you see? You don't need insurance! The cops will let you drive away without it. I'm not going to bother to renew my license, either.
Kidding.
that made me laugh! thanks!
glad to hear you are feeling better, and will at least get SOME compensation for it.
as for the stupid law suits, i have to say in response to ccash - i am also studying some law (nothing too in depth), but from what i have learned so far, you are right; that is just the way the law works in this country. while mcdonald's owed a duty of care to warn someone of the incredible heat trapped in their tiny cup, i think it got way out of hand. as far as the burglars injuring themselves trying to break in or escape, i still think there should be some form of darwinian clause that overrules the basic laws. for example, if someone hurts themselves doing something stupid (or breaking the law in a way that harms someone else physically or financially), i say we revoke any rights they previously had. to hell with cruel an unusual and all that crap. let em suffer. don't let them go to the hospital. maybe they'll die, and make the world a better place.
just my militant 2 cents.
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