Bozo backed into my truck aqnd drove away rant. - Puff Cigar Discussion Forums
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post #1 of 20 Old 11-27-2012, 01:09 PM Thread Starter
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Bozo backed into my truck aqnd drove away rant.

OK.

Almost three and a half months ago a dude from Texas (in his nineties) backed into the drivers door of my truck, and drove away without even getting outta his truck and looking.

The door is badly smashed, with the bottom and the top of the door peeled away from the door jamb. During my morning work commute I'm dealing with teens and single digit temperatures rushing around my door. I've tried to apply weatherstripping to little avail.

When it first happened the Marshal asked me if I wanted to press "hit and run" charges. I told the Marshal to talk to him first, if he was gonna be friendly and helpful, not to press charges.

He convinced the marshal he was gonna work with us, BUT he let the Marshal call for more than a month before the marshal got ahold of him, he let me call for about three weeks (never returning my calls) before I got ahold of him, and now I find he told his insurance that he did no damage to my truck and the claim is in dispute!

I got some legal advice, and was told that if I press hit and run charges and wait for him to get busted then I can go to small claims court and have a civil judgement made against his insurance company. I was told that all I would need is the papers from the criminal charges, the accident report, and either pictures of my truck, or my truck out in the parkinglot for the judge to look at. I was told that NM small claims court judges tend to not let the insurance company even talk about civil charges once there has been a bust on criminal charges.

I'm the one who got screwed here. So, why is this all making me feel so creepy? I don't wanna get some old dude in his 90's busted on criminal charges!

I have an appointment with the Marshal tomorrow evening... maybe he can call the old dude and talk some sense into him.
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post #2 of 20 Old 11-27-2012, 02:18 PM
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Re: Bozo backed into my truck aqnd drove away rant.

Look at it this way, the old dude is a creep and probably has been getting away with this stuff for years. He knew ALL ALONG he wasn't gonna play nice, and thought he could scam you and the cops into giving up. If he was 60, or 40 or 30 would you let him get away with it? Heck no. Just because the guy is old doesn't mean he isn't a bad person. Drop the hammer on him.
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post #3 of 20 Old 11-27-2012, 02:37 PM
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Re: Bozo backed into my truck aqnd drove away rant.

When an accident is involved and you are not at fault. ALWAYS get the police involved.

With the amount auto repairs cost now a days you can't afford to give someone the benefit of the doubt anymore.

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post #4 of 20 Old 11-27-2012, 03:39 PM
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Re: Bozo backed into my truck aqnd drove away rant.

Michigan is a no fault insurance state(if the accident is not our fault our deductible is waived anyway) so this wouldnt happen to me, but i could understand your conundrum. I think he feels you would just eventually go away because hes elderly. And if you dont maybe he just doesnt care, he is 90....

Good luck

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post #5 of 20 Old 11-27-2012, 03:46 PM
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Re: Bozo backed into my truck aqnd drove away rant.

you and i were brought up with the culture of respecting the viejitos no matter who they belonged to. That's what makes this feel creepy. But the viejos used to respect us back and do right by everyone. This guy isn't so don't let him slide!

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post #6 of 20 Old 11-27-2012, 07:58 PM Thread Starter
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Re: Bozo backed into my truck aqnd drove away rant.

I hear ya Jessica. It just makes me sad.

The dude is in his 90's and I wanted to do "the right thing". Oh well.

Things have changed so much since I was a kid. I'm only middle aged! I'm too young to be moaning about the "good ole days".

It's time for a glass of gin, a huge bowl of Hamborger Veermaster, and some manic, happy, psycho music played WAY too loud! Time for Wayne Hancock and his jazzy, western swingish, psychobilly rock!
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post #7 of 20 Old 11-27-2012, 08:04 PM
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Re: Bozo backed into my truck aqnd drove away rant.

Sorry for your troubles hope you get results!

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post #8 of 20 Old 11-27-2012, 08:17 PM
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Re: Bozo backed into my truck aqnd drove away rant.

Quote:
Originally Posted by David_ESM View Post
When an accident is involved and you are not at fault. ALWAYS get the police involved.

With the amount auto repairs cost now a days you can't afford to give someone the benefit of the doubt anymore.
I can't tell you how many people could benefit from this advice! I've taken literally hundreds of reports over the years from folks who tried to "Be nice" after what appeared to be a fender bender until the other party decided to renege or even beat feet all together. Without an initial report from the police, you are doomed...

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post #9 of 20 Old 11-27-2012, 08:48 PM Thread Starter
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Re: Bozo backed into my truck aqnd drove away rant.

I have the police report, that's been done. What is feeling creepy to me is I'm being told by a lawyer to let the Marshal charge him with hit and run (like the Marshal initally wanted to). The lawyer is telling me that seing as how he's claming he didn't hit my truck or do any damage to my truck, and he and the insurance company (Geico) are dragging thir feet (3.5 months in and we are JUST getting started) that I should let the marshal charge him with hit and run.

I have the initial police report, I have a witness, the lawyer says a criminal conviction for hit and run on my parked truck will make a civil case small claims court appearance a cakewalk for me.

I just feel creeped out getting some old dude in his 90's busted for hit and run. I don't see any other solution though.
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post #10 of 20 Old 11-27-2012, 10:33 PM
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Re: Bozo backed into my truck aqnd drove away rant.

Quote:
Originally Posted by El wedo del milagro View Post
I have the police report, that's been done. What is feeling creepy to me is I'm being told by a lawyer to let the Marshal charge him with hit and run (like the Marshal initally wanted to). The lawyer is telling me that seing as how he's claming he didn't hit my truck or do any damage to my truck, and he and the insurance company (Geico) are dragging thir feet (3.5 months in and we are JUST getting started) that I should let the marshal charge him with hit and run.

I have the initial police report, I have a witness, the lawyer says a criminal conviction for hit and run on my parked truck will make a civil case small claims court appearance a cakewalk for me.

I just feel creeped out getting some old dude in his 90's busted for hit and run. I don't see any other solution though.
I agree, he's not treating you or the Marshall with any respect. In other words, a dude that's trying to pawn off his criminal negligence on you.

Then again, if he truly doesn't remember it...... (I hate to say it) perhaps he shouldn't be operating a motor vehicle in the first place and is a legitimate danger to himself and others.
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