Adding to my collection of dents. UPDATE: w00t!

[petraman]

Man, Brian, I think you dodged a bullet... Sounds like with a number that high they were planning on totalling it out...

[98Park]

I have liability-only, guys, state minimum. My insurance won't do a thing unless he tries to come after me.

BUT, in a fun little revelation, it turns out the other driver works for Nationwide. He's a Total Loss Claims Processor, a *dang* office drone. But, man, does that suddenly shed a lot of light on the attitude I've been getting.
He also lied his nuts off to my insurance company, saying I was behind a semi on the ramp and turned into him as he went past.
There wasn't even a semi ON the ramp anywhere that I could see, and I was firmly in the middle of the exit lane, and moved left to see how much further up the ramp it was to where traffic actually WAS splitting, and he bounced off the left side of my car.

I'm going to tear this guy apart in court.

Just tell them you win by default in court because Nationwide isn't "On Your Side" so in order for them to dodge false advertising claims they best pay up

[Blown93SSEi]

Oh boy. Nationwide is the company that insured the drive that rearended me. Good luck with this!

[Blown93SSEi]

Any update on this?

[GonneVille]

Sorry, my hard drive decided to puke, haven't had a working lappy for a week. My Dad talked to a lawyer friend of his, he's sending Nationwide a letter letting them know we are willing to pursue a lawsuit if they don't settle. Things are in motion.

[GonneVille]

Finally got the computer running again, checked FCMC, and the guy didn't pay his ticket, failed to appear for his hearing, and now has a bench warrant. I'll be calling Nationwide on Monday to tell them pay up or get sued.

[98Park]

Any updates?

[GonneVille]

Got hold of the insurance guy again, gave him one last chance to settle. No dice. Working on getting an appointment with the lawyer to go over my documentation before filing.

[Sadden]

Good luck mate.
Good god i hate inscurance companies.....

[yourgrandma]

Isnt the point of insurance to make things right? I mean I understand they need to make a profit and all. Im not in favor of resricting that effort, but crap man.

I got rearended pretty hard in my old cutlass and the other drivers insurance lowballed me, so we went to the state prosecutor. He sent a quick form letter and I got pretty much a blank check. Of course I only asked for a reasnable replacement cost, but its still an avenue worth exploring.

[98Park]

Any more news on how this is going?

[GonneVille]

Talked to the lawyer yesterday, he says that it would be more effective to pursue it in small claims. I don't have much chance of getting reimbursed for legal fees, which in regular claims would easily run into the thousands, which means he wouldn't be able to run on contingency. He did offer one fun piece of counsel: The other driver has a bench warrant because he failed to appear for the hearing on his ticket. If he shows up to court for small claims trial, he will probably be arrested. If he does NOT show, I will win by default.
I'll be going to the courthouse this afternoon to file.

[GonneVille]

Filed on Tuesday in small claims. Dude still hasn't made any attempt to pay his ticket or clear his bench warrant.

Waiting for some paperwork to file the administrative complaint against ODOT for the busted wheel. Will be done before the weekend, or Monday at the very latest.

[GonneVille]

UPDATE: My Mom never did get me the paperwork for the wheel, so she ate the cost on that one.


Court hearing finally happened on the June 3rd after getting postponed once, magistrate has 90 days from then to hand down his decision. I think things went very well. The other guy got himself chewed out a couple times by the magistrate because he wouldn't shut up after answering a question. His Honor didn't seem AT ALL impressed by his attitude, either. I made my points as concisely as I could, conceded one or two unimportant points (stupid crap that really didn't have much bearing on the case) gracefully when I was on the stand, and I think I proved my case pretty convincingly. Guess we'll see...

[00Beast]

I'm pulling for you buddy. I hate miserable people like that that can't take responsibility for their own actions.

[ChilinMichael]

I'm pulling for you buddy. I hate miserable people like that that can't take responsibility for their own actions.

x2.

If you make a mistake, have an accident, so be it...that's why it's called an accident...at least be man enough (or if the case, woman enough) to admit what you did and make it right. I'm sorry to hear you had to bring this to court, but, at least if he does show he'll most likely be arrested on site, and if not you get a default win.

[GonneVille]

It's just a bench warrant. Worst that happens at the courthouse is he gets the choice of being escorted down and paying it. They won't arrest you at the courthouse unless you refuse to pay. If he gets pulled over on the street, he WILL be arrested. Considering the strength of my case, and his driving record, I let it go. I figure he'll get pulled over again soon and get arrested and have his car impounded. I can forgo immediate pleasure in the knowledge that he'll screw himself worse than I can.

[Dopey85]

Good luck! I hope they nail them to the wall.

[ChilinMichael]

People like that need to be.

[GonneVille]

Magistrate's decision just came in yesterday's mail. Defendant is 100% negligent, judgment for the plaintiff in the amount of $3000.



w00t!