Lawyer-Type Advice Needed

So I got rear-ended on Monday…three times.

In 45 seconds.

Stopped at a light a guy hits me from behind. Pretty solid shot, too.

Then, after we stop rocking he taps us again. Not very hard this time.

I look behind me and he’s raging at the steering wheel, screaming (inaudibly to me) and waving his arms around.

Then, as I’m shutting down the truck and taking off my seatbelt he smacks us hard again.

My passenger (a pal from work) says, “Dude, don’t get out. He might not be done!”

Eventually we get out and the guy tells me ‘My shoe came off and lodged behind the brake’. His shoe is off.

We pull off the road (a very busy 6 lane local road) onto a side street. During this process he almost hits me again and ends up going parallel to me across a lane of traffic into the intersection.

I notice that there’s plastic on the seats of the car. I ask him if it’s new (it’s a really good car) and he tells me ‘I just picked it up’. We swap tag numbers and insurance companies and he tells me he doesn’t have his stuff because it’s not in his car. He does give me his name, address, phone and insurance company, however.

I notice that his tag reads ‘Dealer’ and get suspicious. I call the local Audi dealer and sure enough…he didn’t own it…he was test driving it. And the guy at the dealership tells me he had his insurance card in his wallet the whole time.

So I’m irritated. Mightily.

He didn’t seem drunk or incapacitated at all when we spoke at the side of the road. He just lied to me.

My guess is (and I don’t know this) that he was driving a stick shift and didn’t know how to handle it, lost control 3 times and smacked me seriously twice (I’m counting the first two as one, if you get me).

So what’s the legal position there? Is there negligence?

Negligence? On the part of the dealer? On the part of the driver?

What jurisdiction? Get a local lawyer and sue his ass.

Um - am I out of line in inquiring as to the nature and severity of damages you suffered?

IANAL but it strikes me that by refusing to provide information that he had on his person it’s moved from “negligence” to “intentional.” His actions in causing the accident may have been negligent but there was nothing negligent about failing to provide his insurance information. Whether there’s anything tortious about that I don’t know, but I hope you filed a police report.

Minimal injuries. They’re there but it’s not a stay-home-from-work thing.

I’m more cheesed off about his lying to me than I am about the injury actually.

Holy cow! That was post 6K!

Doesn’t work that way, dude.

To save those who, like me, thought they had a case of deja vu: there was a previous thread with less information. So this is kind of an extension of that one, I guess.

BTW, congrats on the 6K and good luck with you situation!

Yeah, I guess I did, didn’t I.

Color me embarassed.

Well I don’t know, IANAL yet, but ouldn’t you say “Hey! Audi, you’re negligent for letting someone test drive your cars when they don’t know how to drive stick?”

But if you have no significant injuries, and no significant damages, even if you sue and win (whatever your theory) what are you going to ask for in terms of damages? A lawsuit is hardly needed to “make you whole” if you already ARE whole.

File this one under amusing story to tell at cocktail parties and get on with your life.

Consider the post in its totality, “dude.”

See that part where I specifically limit the “intentional” part to his post-collisions behaviour? See that part where I state that I don’t know if there’s anything tortious about not providing information that one has on his person? See what happens when you read all of the sentences in the post instead of just the first one?