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Ok...it's now my 2nd Fender-bender

Discussion in 'Gen 2 Prius Main Forum' started by drivenmore, Dec 22, 2004.

  1. drivenmore

    drivenmore New Member

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    A while back I posted that I had run over a tread on the interstate, and it scratched up my front fender and tore off the gravel-guard on the bottom of the car. Thought that was my accident for the car's life. Nope. While on campus today, I decided instead of walking to the post office to drive across campus. I was backing out of the angled parking, when I heard "HONK" then "CRUNCH". A huge Toyota Sequoia was backing out and we collided.

    Now, a description of the damage: her SUV has a 6-inch diameter spot on her bumper that was scratched up, probably resulting in 4 or 5 real scratches. My Prius got the left rear quarter panel by the gas tank dented in, and scratched up a good bit. My first reaction was thank goodness that no one was hurt. Her first reaction? She starts screaming "It's your fault! Admit it! Why should I have to pay the deductible? etc. etc."

    So, after more than an hour talking to the police, we have to wait 5-7 days to get a report. So, no matter what, insurance rates are going up.

    What's really buggy about the situation, is that I'm sure when she gets home, her husband will take a look at it and see that they can live with a touchup. I mean, guys, it's just a car. I'm gonna pull the dent out, and buff it a bit, but I'm sure not gonna be anal and try to have it all painted.

    These things happen. Unfortunately :(
     
  2. priusenvy

    priusenvy Senior Member

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    So maybe you didn't post enough details, but the way I read this is, she obviously saw you because she honked, but you weren't aware of her until you heard the horn. Unless she kept moving after she honked and hit you, it sounds entirely like your fault. If she kept moving, then it's partially her fault, unless you stopped and she kept going and hit you, in which case I would say it was her fault entirely. But it sounds to me like you were not aware of her at all until you heard the horn, and you didn't stop in time to avoid an accident, so the accident is either partially or entirely your fault.
     
  3. TonyPSchaefer

    TonyPSchaefer Your Friendly Moderator
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    In a truly logical, third-party, wasn't-there-and-couldn't-tell-you-for-sure-one-way-or-another kind of way, I would have to say that it's impossible for the officer to know for sure what happened.

    Whether she stopped and you backed into her or whether she kept moving and hit you is moot. In order to distinguish between the two, she would have to be able to prove that she was completely stopped and you kept going. You can't do that after the fact. Without witnesses. She could say, "I stopped HERE and the Prius came at me." Unfortuantely, she can move her "here" to where-ever the collision occured.

    A few years back, I was driving in the middle of three lanes and the semi beside me decided to test the theory of multiple objects occupying the same space at the same time. I lost. Because there were no witnesses who stopped, his insurance company told me with complete certainty that he and I were both in the outside lanes and merged into the center lane at the same time. A boldfaced lie! Didn't matter. His word v. mine.

    I'm sorry that this happened to you. I hope it pans out. But you are most likely correct in that insurance rates will probably go up.

    I have yet to do this, but I have often thought about keeping a disposable camera in my glovebox exclusively for accident documentation. The first thing I would do is take pictures of people standing around, license plates, and anything that will help me track down a witness after the fact.
     
  4. priusenvy

    priusenvy Senior Member

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    I reread the original article, and now I'm trying to reconcile the fact that it appears that the Sequoia hit the Prius (since the damage was to the bumper of the Sequoia, and rear quarter panel of the Prius) with the fact that the first time the Prius driver was aware of the Sequoia was when the Sequoia driver honked their horn.

    So there are a few possibilities, each of which can put more of the blame on the Prius or Sequoia driver. The fact that the first time the Prius driver was aware of the Sequoia was when the Sequoia driver honked makes me want to put more of the blame on the Prius driver, but it's impossible to say who's most at fault without having witnessed the accident, or without further details.
     
  5. drivenmore

    drivenmore New Member

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    Well, I'm really not trying to lay blame. We were both parked at 45 degree angles, in spaces opposite from one another. All I can honestly remember is backing up and the "crunch"; I'm not 100% sure I heard the horn. What boggled my mind the most, was the amount of invective this woman was throwing at me. She kept saying I was lying, and that I should just come on out and admit fault; why should she have to pay her deductible for something that wasn't her fault? She called me "un-Christian" for not taking the blame.

    Now, I'm still in the infancy of forming a unified religious belief, but I said, and wrote down everything I remembered (or thought at the time). My written statement said that I got in my car, looked for oncoming traffic behind me, backed up, heard a honk and immediate the "crunch". As both of us then moved our cars forward, it's impossible to tell by positioning what was what. My amazement comes from the fact that she was not content to deal with the policemen sent; she called the police chief out of a meeting to get him to label this my fault. Now, the very first words out of my mouth, again, were "are you alright?". The amount of energy she put into worrying about some missing paint on her bumper just blows my mind. We have to wait about a week for the official police report; one of the cops on hand said "I'm not about to issue a ticket or blame, this looks like a true accident", which is what I feel it was. I have no ill-feeling toward this woman, as I feel it was just a bad place to be at the wrong time.

    So, I will wait and see what the police report says. If I'm found at fault, then I'm found at fault. I can't expend too much energy worrying about something that in the small and grand scheme of things, doesn't amount to diddly. I will live quite happily with a scratched-up Prius; I hope the $500 bucks they'll charge to repaint her complete bumper (vs. a $17 touch-up that would be just fine) is worth the bumps in both of our insurances.
     
  6. drivenmore

    drivenmore New Member

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    Oh, and I do keep a cheap digital camera in my car. However, there were no witnesses, and the cops came with their own digital camera to document the situtation as best they could.

    I would utterly and completely take blame for something that I believed was my fault ( a big no-no in terms of insurance claims). I just can't do it when I honestly didn't ever see the SUV.
     
  7. Sufferin' Prius Envy

    Sufferin' Prius Envy Platinum Member

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    This is not Italy . . . whoever honks first does not automatically have the right-of-way. :eek:

    And yes, they can figure out whom hit whom. It’s hard to hit another cars bumper with the side of your car without leaving skid marks, scratches or angled dents which show who was moving and who was stationary.

    Pictures do speak a thousand words. A camera in the car is a good idea. When my wife was in a non-injury head on collision - the other guy turned left in front of her in an intersection - I took lots of digital pictures of our car and the intersection showing the location of debris in the road. The insurance companies both agreed he was 100% at fault and said the pictures were the proof.
     
  8. DaveG

    DaveG Member

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    Oh... Wow... If someone had said that to me, I'm not sure if I'd have applauded her for calling me non-christian (and totally, 100%, happily non-religious for that matter), or simply slugged her for being stupid...

    Some people...

    Dave
     
  9. DanMan32

    DanMan32 Senior Member

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    Actually, being a Christian myself, based on your testimony, you did act in a Christian manner. You were willing to take responsibility if it was found that it was your fault, and you did not rant back at her. Most often, those making the non-Christian claim are themselves non-Christian, or at least not acting like it.

    I tend to agree, you are only partly at fault at worse. Since the damage was her bumper and your quarter panel, looks like she hit you, though since it looks like she hit you by the gas tank (inlet?), you may have entered her path without her having enough time to react.
     
  10. IsrAmeriPrius

    IsrAmeriPrius Progressive Member

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    Christians do not have a monopoly on moral and ethical behavior.

    :roll:
     
  11. flyingprius

    flyingprius New Member

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    I had the same scenario the first month I had my Prius. Fortunately, the other car was a Malibu... Her bumper was scratched and mine was "bumped out of place". I just pushed the bumper back into place and that was the end of that. We both admitted it was equally our fault and wished each other a happy holiday. I'm sorry that your situation was much more frustrating and negative. Hopefully the best thing happens for you.

    If I had bumped into that lady's Sequoia and she called me un-christian...
    I would have enjoyed a good laugh and would say, "You're right, and I applaud you for being such a good Christian. You are using aggressive and manipulative behavior to try to get me to follow your irrational agenda... :) "
     
  12. Wolfman

    Wolfman New Member

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    The difficulty to keep a watchful eye on everything while backing out of a parking space, is the exact reason why I try to back INTO them whenever possible.

    As for the beligerant woman and her "un christian" comment. I would have told her, that if the way SHE was behaving was an example of "christian" behaviour, than I'd be damn glad that I'm NOT a christian. :D
     
  13. kenmce

    kenmce High Voltage Member

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    >The amount of energy she put into worrying about some missing
    > paint on her bumper just blows my mind. We have to wait about
    >a week for the official police report; one of the cops on hand said
    >"I'm not about to issue a ticket or blame, this looks like a true
    > accident",

    If this was not her first incident she could be worried about losing her license or having insurance payments the size of her car payments. If she thought she could bitch her way out of this, why not go for it?
     
  14. Tideland Prius

    Tideland Prius Moderator of the North
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    The fact that she's forcing you to admit is a tactic that's used all too often. They often force the other person to admit hoping that in all the confusion, the other driver will slip and agree. Usually, they know it's their fault and try to quickly get themselves out of the situation. The way you handled it was well done and that's that. Based on what you said about the quarter panel vs. her bumper. She would have a greater chance of seeing you that you seeing her. I'm willing to bet that she reversed using mirrors only and no shoulder checks or looking out the rear window