legal advice?

[Sexualwasabi]

This pertains to my post here:
http://www.bmwboard.com/forum/showthread.php?t=9045

So I found out from the other guys insurance company that he is now saying he had the green light! Which is total bullshit!

I'll try break down the major points

- He has one withness with him, his girl or wife
- I have 2 people in my car and 1 in a car behind me that saw it happen, all 3 are my friends
- I have photos of the accident:

- The firetrunk and ambulance arrived, ambulance left and we were left waiting for 20-30 mins for the cops at which time the guy and his girl left the scene, they walked off...
- The cops arrived they were still gone, and they were gone even after I was in my friends SUV leading the tow-truck with my car away from the scene.
- The cops told me I did not need a police report since we exchanged info already.
- ITS HIS FAULT!

His insurance agency is still investigating and need to talk to all my witnesses, I gave them the number for one, but the girl in my passenger seat I havent seen today and no idea where she is or her friend hopefully I can get in contact with them later today.

 

[Tom]

I knew that was going to be the case, now it's your word against his. Worst case scenario is that you will have to take him to Small Claims court. Either way...that really sucks and I'm sorry to hear.

 

[MrElussive]

Not much of a case...left the scene of an accident, doesn't speak very well for him. Shouldn't you have gotten a police report anyways?
Sorry to hear about all this, I really hope everything works out for you man. Nobody deserves to be in a mess like this...but hey, it could have been worse...the guy ran a red light, that is just asking for a deathwish.

Just a question, though. I believe that the light was green for you, but was it that it just recently turned green? Because a lot of people try to squeeze past the intersection right before the light turns red (or they even RELY on the delay of the red light, before it turns green for the other cars) and then they get into an accident and claim they had a green light...those people are so full of shit.
I'm thinking this is what the Porsche driver tried to do but was just too late and ended up hitting you. =(

 

[jrt67ss350]

I know this doesn't help now, but you should always get a police report whenever you have any accident, no matter how minor or major. There is absolutely no reason that the cops shouldn't have given you a report - they were just being lazy. In the future, always demand a report from them.

Without a report, there is obviously no official documentation for the accident, and it puts you into the situation you are currently in.

 

[codex57]

Same thing happened to my friend in his C32 a few days ago. Other lady claimed it was his fault. He had just left the line cuz his light just turned green. He was going about 5 mph. Even the cop didn't believe the other lady, particularly when her friend mysteriously appeared later claiming to have seen the whole thing.

Unfortunately for my friend, insurance companies usually just decide to split fault 50-50.

 

[Sexualwasabi]

yeah its pretty stupid, his lawyer has just got done talking to all my witnesses(2 in my car and one following in a car behind)... time to see how they rule. I'm actually pretty positive that they are going to be liable... we'll see... [kick]


Another question, where would one find out how much a car depreciates after it has been in a crash? I'm going to bring up diminished value claim against them. [read]

 

[MrElussive]

Damn, it seems like every time somebody gets into an accident these days, one of the two parties involved always has some "surprise". Whether it's expired insurance, the decision to leave the scene of an accident, no drivers license, etc. People seriously need to shape up.

 

[first5ny]

When did this happen? If it was only recently, you may be able to trackdown the cop and get a report. Its really difficult and you need to be persistent, but it might be worth a try.

Anyone who ever gets into an accident where it is the other persons fault...You ALWAYS need to get a police report no matter what the cop says. They are lazy and don't want to write the report. This happened to me recently during a snow storm. A woman hit me from behind while I stopped at a red light. It was completly her fault. The cop shows up and tries to convince me not to get a report because the woman admitted it was her fault. Get the report, the other person can always lie after the fact.

 

[Sexualwasabi]

oh trust me I've learned my lesson, I called the Dallas Police Department to find out which cop it was that was at the scene. The cop was suppose to come into work around 9pm, its almost 10 now. I'll just call again tomorow...

Also going to call their insurance again tomorow...

I faxed a sign paper today to the shop guys to cut open my baby to find out what internal damange there is :'(

I swear I'm gonna drive like Granny for a month or two once I get her back. let the ****ers run red lights istead of catching them in the act.

 

[ThinkingBMW]

Ohh... a Boxster vs. a BMW. My worst nightmare (I have one of each).

Based on my experience, the decision process in these matters is a complete coin toss. In the end, the only "winners" are the insurance companies.

 

[tool fan]

Another question, where would one find out how much a car depreciates after it has been in a crash? I'm going to bring up diminished value claim against them. [read][/QUOTE]
I just had my baby repaired after I was rear ended on the autobahn. The lady's insurance is giving me like 2000 euro for accident depreciation.

 

[Sexualwasabi]

Got the call from the guy's insurance company, they are paying for it

can go to any Enterprize now to get a rental car. [headbang]