Good luck plying the the Rick stopped two soon tack.
I was stopped for about 1 second before the impact. Furthermore based on the damage to both cars it is obvious she never hit the fucking brakes.
When you hit a Volvo with a Chevy Cobalt hard enough to distort the unibody to the point that neither rear door fits in the body any longer and on the right side the rear door has been pushed forward to where it is under the front door you can assume this wasn’t a she almost didn’t get stopped accident. This was a she was two busy texting/tweeting/talking to her BFF to bother to look out that big assed piece of glass in front of her type accident.
It was more of an expansion on DoR’s post. I’m just saying it gets played–but not by me unless I think a jury will want a way to zero the plaintiff. There are a dozen potential battles in every accident, Smart Insurance Guy® only fights the winnable ones. Your crash sounds like the sort I’d spend very little time on: you tell me what you want, I tell you what’s legally owed, we get to a couple settlements (Volvo and you).
You are pretty much being an asshole about this. It is a generally bad idea to admit fault, as I said, for the reasons Sun Jester gave. It doesn’t have anything to do with the facts of your situation or vehicle. Calm the fuck down, nobody here is attacking you (except me right now for your shitty attitude).
I cannot agree. If that would have happened to me, I would be dead, motorcyclist. When you can’t be bothered to look out of the giant piece of glass, you should not be driving.
Capt
Rick’s got every right to be testy, he is in no way at fault here.
One of you is being an asshole, but I’m not sure it is Rick.
That doesn’t mean it’s reasonable to demand an apology at the scene of the accident. For liability reasons, that is a generally unreasonable expectation.
Has nothing to do with my point.
He’s got a right to be upset about the accident. That doesn’t relieve him of a responsibility to be civil toward well-meaning board members. He could have gracefully acceded that his expectation of an apology was misguided for very sound reasons, but he chose to lash out at the messenger.
Fuckit, I’m done.
Hey, kids, can’t we all just get along here? {Checks location}
Okay, carry on then. 
'zactly … uh … ya big … uh … cuntwaffle.
Can we still call each other cuntwaffle? I seem to remember cuntwaffle being one of the officially sanctioned pit terms of endearment.
You might have a plausible deniability argument that you’re calling me a cun twaffle.
I mean, take off, you big smelly jerk! :mad:
My mother tells me some accidents are like that … even in Australia.
I’m sure it isn’t.
Can anybody show me where I demanded an apology from Ms. Asshole? Since I never spoke to her, how could I demand one?
What I did say was
That is a demand? That was a comment that if they had come over and inquired about my condition, and wished me well, it would go a long damn way toward me feeling charitable about the driver that hit me.
Instead she was too busy being upset about not finishing her text or whatever she was doing.
- Should have been she. Maybe I should amend that to She didn’t pull up her big girl panties and walk over to apologize
My kids had that book, that is where I got the title for this thread.
If anyone even cares:
Rachel’s usually got her shit right, but what she is referring to here is something all of us old-timers were taught when we were trying to get licensed to drive. The assumption is that saying “I’m sorry” is admissible (questionable) as an acceptance of liability for an accident. This may have been the case 30 years ago, but it’s not what I see today. In fact, part of trial drama involves grooming a defendant to appear contrite in cases of clear liability, or at least not-at-all defensive in cases where both parties likely contributed to the accident. In both situations, part of the defendant’s statement will include a phrase to the effect of, “I’m sorry this whole thing happened, I’m sorry Rick got hurt, but…” which effectively counters the above-mentioned acceptance of liability (which is something between “hearsay” and an “excited utterance”–need a lawyer for clarification but the jury gets to hear one but not the other).
I gotta say, I have never seen a defendant get burned for appearing to be compassionate. And in cases like the OP, it would only have helped her to appear a more genuinely decent person if she had checked on Rick. This applies to trials, and it applies to the Rick’s overall attitude toward ME when I’m working with him on his injury case in lieu of him running out and hiring a [del]blood sucker[/del] trial attorney. A lot of what I do is overcoming the tone set by my insured at the scene. And this whole thread is a good example of how what you do/don’t do at the scene can shift an injured person’s focus on getting himself well as opposed to getting a pound of your flesh because you appear to deserve it.
Sorry about your ‘day’, Rick. That ain’t worth a damn. I’ve been hit 4 times in 2 vehicles over the last 10 years, always the other guy’s fault but you can’t escape the significant inconvenience, possible physical harm and there’s always some monetary penalty. When I sold one of those vehicles a collision came up on CarFax, thus costing me a couple of grand in trade in value. Obviously insurance didn’t cover that, it’s straight out of one’s pocket. I guess they need to electrify all our streets so everyone can just drive bumper cars.
Diminished value(DV) is part of a property damage claim you make against the other driver’s insurance when they’re at fault. Proving the amount of the loss is difficult because it’s entirely hypothetical until you sell the car, but a realized loss like when a dealer bends you over on a trade in is typically sufficient to support the claim. There is a statute of limitations on presenting a DV claim. DV is an excluded loss on your own car policy (except I think in Georgia), so if the accident is your fault you eat the DV.
(Am I talking too much?)
Not for me, thanks!
I’m mostly going off the fact that “Do not admit fault!!” is printed on all the proofs of insurance that I’ve ever carried. But as far as lawsuits go, you’re definitely the expert. I’ve never been party to that part of the claims process.
To late for this young lady, I contacted my attorney from the hospital and asked them if they had chased any good ambulances lately. 
BTW they normally argue cases in front either the court of appeals or the Ca Supreme Court and they spent 10+ years doing insurance company defense.
Yes I care enough to get the very best.