whelp, i totaled the fo-do

[Havok]

Originally posted by Loco Honkey+May 7 2004, 10:55 AM-->

civicious

@May 6 2004, 11:00 PM
oh, and by the way, because i swerved and missed the dog, insurance is saying its 100% my fault.


how fucked up is that.

Considering the extent of the damage from just "swerving," I'd say they made a good call. Yes, the dog ran out in front of you, but if you did flip in the air, slide 200', then roll again when you hit a fence, you were most likely doing around 70-80 MPH. And if you landed upside down and slid for 200', how come there's no scrape marks on your roof?

It's quite possible that his unconscious does not want to recall the bad experience, and the cerebellum has a tendancy to make up pieces of a puzzle. Maybe his brain filled in the things that he could not recall. It happens quite often, that what actually happened is different than what one recalls

Psychology owns you.

Go from 5 speed to 12 speed, get a friggin' bike and stay the hell off of the road. And from an insurance point of view, how could it NOT be your fault? Are they going to track down the dog owners and make them be responsible? It is your fault because you had more than one option, looks like instincts kicked in before rationality did.

 

[MugenCRX]

That sucks man. A lot. I'm certainly glad your ok, and also am glad to see that everything on the car wasn't at a total loss. But you and I and everyone else knows, you shouldn't have been speeding, and shouldn't have swerved. But that is too late now, you live and you learn.(and then get luvs)

Time for a new project.

It's weird, when I took the written test for my drivers license, I only got one question wrong, and that question was:

If an animal is in the road and you are going to hit it, should you:
A. Swerve to miss it
B. Hit the animal
C. Step immediatly on the Breaks

The answer was B. The Colorado Department of Motor Vehicles told me to hit the bitches. And from then on, thats what I intend to do.

 

[phunky.buddha]

Originally posted by 94RedSiGal+May 7 2004, 10:25 AM-->

Calesta

@May 7 2004, 05:55 AM
I dunno... I successfully drove around 3 deer, 1 possum, 1 skunk and 1 squirrel tonight while pulling double the speed limit on a dark twisty road- in the truck. No problems for me there, and that was the highest number of animals I've had to dodge in a while.

Good luck civicious!

You're older than civicious... so consequently a more experienced and skilled driver... plus you use your commonsense too.

What are you talking about? I'm an irrational 15 year old theoreticist that knows nothing about common sense.

 

[posol]

<puts on karnash hat>

you know, this could make for a good lawsuit.

hear me out.

assuming you have some sort of leash laws in your state, technically, you can hold the owners of the dog liable.

 

[h22bubbleback]

Originally posted by pissedoffsol@May 7 2004, 03:29 PM
<puts on karnash hat>

you know, this could make for a good lawsuit.

hear me out.

assuming you have some sort of leash laws in your state, technically, you can hold the owners of the dog liable.

this is true...u will not win insurance over. but it will hold up a lawsuit for your injuries.

 

[posol]

naw, fuck insurance- thats out of the question- you'd be suing the dog owners in a civil litigation for negligence of the leash law.

 

[Loco Honkey]

That is the most limp dicked, gutless pussyfag reason to sue someone that I've ever heard. Yeah, "I was speeding, and because I didn't leave enough room for error in case of an emergency, I should be compensated."

B, are you serious? It's his goddamn fault he was speeding. It's his goddamn fault he didn't leave room for error. It's his goddamn fault he lost control. And it's his goddamn fault he doesn't have a car anymore. How in the hell does that make the owner liable? Maybe the dog dug a hole under the fence? What if it was a deer? Who are you going to sue then, nature?

 

[94RedSiGal]

Originally posted by civicious@May 6 2004, 11:41 PM
this morning at 7 am i was goin pretty fast on my way to take my finals.

I don't know B, civicious by his own admission was going over the speed limit. And how's his past driving record? I just don't think a jury will be too sympathetic about the loose dog being the cause of the accident. What if it had been a kid running out into the middle of the road. civicious was speeding, if he hadn't been, the damages would have been far less. I think the lawsuit would be thrown out as being frivolous.

 

[ahedau]

I don't know what state he's in but most all states have comparable negligence rules. Your recovery is limited to the % the other person is negligent. In this case, Civicious, is 99% negligent and the owner of the dog is 1% IF there are leash laws in effect in the municipaility where this occurred.

Unfortunately, most states do not allow the person that is 51% or more at fault to collect ANYTHING from the other person.

So, IF Civicious lives in a pure comparative state (Missouri and Alabama for example) and IF there is a leash law in effect and IF you could find the owner of the dog (good freakin' luck!) and IF you could get a judge (small claims court is a bench trial so no jury) to agree to the 1% then you would only be able to recover 1% of your meds.

So, no, there is no way Civicious is gonna be able to collect from anyone but his own carrier's PIP or MED Pay coverage and only if his parents had the foresight to purchase that coverage at the time they bought the policy.

 

[Havok]

Originally posted by pissedoffsol@May 7 2004, 03:32 PM
naw, fuck insurance- thats out of the question- you'd be suing the dog owners in a civil litigation for negligence of the leash law.

This is coming from the person who posted the top 5 frivoulous lawsuits of the year? (I remember the one about cruise onctrol on the RV, lol)

 

[ahedau]

naw, fuck insurance- thats out of the question- you'd be suing the dog owners in a civil litigation for negligence of the leash law.

who do you think would pay the judgement on behalf of the dog owners?

And you folks wonder why your auto/renters/home insurance premiums are so high......TA-DAH!

 

[cxjon]

Originally posted by Havok@May 6 2004, 10:00 PM
You learned a lesson today : Never avoid animals in the road.
Front bumper cost > totalled car because of some dog.

I have never swerved for an animal, never will. I am not risking my life so it can do that shit again. I have hit 2 cats, 1 small dog, and numerous squirrels, raccoons and shit--no dmg to bumper or header in any car as of yet. (I did have some damage to the plastic guard under the bumper, but it had road rash anyways--meh)

Unless the animal is a deer, or something big as hell, that animal is an 0wn3d pic waiting to happen.

learn from me just hit it

 

[civicious]

Originally posted by 94RedSiGal+May 7 2004, 03:39 PM-->

civicious

@May 6 2004, 11:41 PM
this morning at 7 am i was goin pretty fast on my way to take my finals.

I don't know B, civicious by his own admission was going over the speed limit. And how's his past driving record? I just don't think a jury will be too sympathetic about the loose dog being the cause of the accident. What if it had been a kid running out into the middle of the road. civicious was speeding, if he hadn't been, the damages would have been far less. I think the lawsuit would be thrown out as being frivolous.

so what if it had been a kid....



i didnt hit the dog...

 

[civicious]

actually, if it had been a kid, i would have beat the fucker's ass.

 

[TurboMirage]

and then gone to jail.

 

[ahedau]

children 14 an older are assumed to be past the age of reason and can be found negligent. If the child was not in a crosswalk and there are no signs in the area that indicate "slow...children at play" then you could argue some negligence on the child. However, his parent's insurance company would tear you a new one 'cause you were hauling ass.

If the child is under 14 and no where near his parents, you can argue negligent supervision on the parents and assess negligenec against them. However, you were hauling ass so that would be difficult to do.

You see how this whole ordeal could've been avoided if your foot wasn't so heavy? It has NOTHING to do with the dog. Sorry.

 

[TurboMirage]

i lost my civic due to excessive speed. now i save that speed for the autocross track and ive been ticket free/accident free ever since!

if noone knew before, thats why i call the mirage the "miracle".

 

[94RedSiGal]

But how "good" are you planning to be on Rte. 17 at the end of the month?



j/k... Chris you've done real good since you lost your hatch last year.

 

[Bl6CRX]

Originally posted by ahedau@May 8 2004, 06:23 AM
It has NOTHING to do with the dog. Sorry.

i wouldn't say thats entirly correct. . .

 

[jamesA]

Originally posted by Bl6CRX+May 8 2004, 01:16 PM-->

ahedau

@May 8 2004, 06:23 AM
It has NOTHING to do with the dog. Sorry.

i wouldn't say thats entirly correct. . .

dog not there, fo do not wrecked. It has a bit more to do with the dog than you give the dog credit for.