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OUCH! My poor baby.

Discussion in 'Gen 2 Prius Main Forum' started by Godiva, Dec 1, 2005.

  1. IsrAmeriPrius

    IsrAmeriPrius Progressive Member

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    I never wrote that the rear ending driver is never at fault, as you would have others believe. Most times they probably are, but some times they are not.

    You are entitled to hold you own opinion, however wrong it may be. Keep in mind, though, it is only your opinion and nothing more than that. It is not binding on any court deciding such an issue.

    I simply cited a California Appellate Court ruling, which is the law of the land in the state of California. That court and others have held that:

    Those are the Justices' words, not mine. Their ruling is binding on the trial courts. In the State of California, whether you like it or not, fault in a rear end collision is a question of fact, not a legal presumption.
     
  2. Schmika

    Schmika New Member

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    Wow, I think there was a mis-interpretation here and suffrin was insulted being called wrong. Isr never tried to "twist" the facts, he was replying to the incorrect statement that ALL people who hit others in the rear are at fault. I think I gave examples how it "just ain't so" as well. There is no reason to go around witht the opinion that whenever you are hit in the rear, it is the other persons fault. That causes IDIOTS who are practicing road rage to do stupid things like pull in front of you and hit their brakes. They hear and believe such tripe!!!
     
  3. Sufferin' Prius Envy

    Sufferin' Prius Envy Platinum Member

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    Not insulted. Apparent difference of opinion.

    You drive too close, you rear-end the car in front . . . your fault. I stand by that. It’s more a morality thing than a legal thing.

    Unless the person in front did a “swoop and brake,†or was deposited in front of me by a tornado . . .
    “If-you-drive-to-close†. . . that alone presumes fault, and the courts will apportion fault . . . yes, FAULT!

    Good luck convincing your insurance company you weren’t at fault when you rear-ended another car.
     
  4. Schmika

    Schmika New Member

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    Actually, if you convince the investigating officer...the insurance company will be a lot easier.
     
  5. Godiva

    Godiva AmeriKan Citizen

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    No. He was on Cardinal Drive heading west and turning right. He yields there to any driver heading south on Cardinal Road, which has the right of way as there are no traffic signs there. If the driver turns right they go to Cardinal lane which dead-ends at School District buildings. I was coming from there. If the driver turns left they head into a residential area. The other driver was coming from that residential area.

    I was eastbound turning left. He was westbound turning right. We were both turning north into the same road.
     
  6. Salsawonder

    Salsawonder New Member

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    Have not been posting long but would like to know why folks here and on Prius Online have such an affinity for calling each other Trolls???

    Also sounds like the accident was the normal basic decrease in attention and hurry to get some place. You always have to be on the lookout for the idiots that are going to stop in the middle of the road, run the red lights and cut you off with an inch to spare. Better late than crunched. You may be driving safely but it doesn't work out.
     
  7. IsrAmeriPrius

    IsrAmeriPrius Progressive Member

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    Did you take the time to look at Signboy's posting history before you posted this question?

    If you have not, I strongly suggest that you do.
     
  8. Danimal

    Danimal New Member

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    you people are so entertaining!
     
  9. forte88

    forte88 Member

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    Godiva,
    Thank goodness your ok. I hope your repair experience is better than the one I'm going through. I was hit by an unlicensed/uninsured driver which I'm sure would have left the scene if his car would have been able to drive. I lost my son just this past October by a hit and run driver. Only description of the offending vehical "small white pickup (maybe Chevy S-10) with damage on driver side real quarterpanel. That makes up about a quarter of the vehicals in Southern California.

    You can see the headaches I'm having with the repairs on my "my 05 Prius Broadsided" thread. But all these problems seem miniscule comapred to the loss of my son on october 10. Be thankful that the guy didn't take off, and that everyone seems to be ok. If you have problems with repairs, think about how bad things really could have been for your family or maybe even his. In the long run, its only a car. Good luck, and I hope your Prius turns out ok.

    Let me know how long it took them to fix it. Mine was in the shop from July to December, and needs to go back for more fixing!