ok.. something thats completely unessesary

[justaZcarguy]

Is anyone else confused on who hit who?

I must need another beer.

Surfs, she hit you, right?

That means it's HER fault.

[e_racer1999]

stopped, clutch in. rolled back and hit her.

[=Enigma=]

Sadly, I believe this is Surf's fault but I'm not sure what the law says. Learn to drive a cluth why don't ya! Just kidding

[New-to-240z]

california state law, from what i know, is that if a driver behind you doesn't give you enough room to safely drive off ( In driving school they tell you to always stop far enough back so that you can see the bottom of the rear bumper over your hood) then it is the tail-gater's fault. Reason being, when driving a manual whether on a hill or at a stop sign, in a manual car there is always a chance for the car to roll back 1/2 foot or 1 foot. This can be because of bad clutch, bad driver, etc. So, from what i understand is that if you BARELY rolled back, (1/2 ft to 1 ft) and you bump into someone, then it is the tail-gaters' fault.

I would of course call the police station or stop a police man and ask him what he thinks about the situation.

NOW, about the waiting 3 months thing. U CAN EASILY, IF IT GOES THIS FAR, TESTIFY THAT HOW DO U KNOW THAT SHE HASN'T RUN INTO ANYONE IN THE PAST 3 MONTHS? U can take pictures of your car, where her car WOULD HAVE IT/DID HIT, to show no damage what-so-ever. And, explain that at the time of the incident u both decided that no harm no fale(sp). No insurance company can hold you responsible for something that MAY have happened in between her hitting you, and her reporting the claim. PLUS, i always thought that the law stated that a insurance claim must be reported within the first 2 weeks or week of the incident. If not then it is considered to be the reportee's fault.

Anyway, just ranting and helping. For what its worth, if she does decide to get serious about this, tell her u'll see her in court, then basically say what i've told you, and then sue HER for time lost at work. And harrassment (her constant phone calls, lieing about the incident.) Whatever u can think of basically.

Good luck.

[EScanlon]

New:

While your logic may seem .... logical, it won't apply in a court of law. The fact is, he admitted to having backed into her...otherwise why would she have his information etc.? Without a police report, a picture, or a witness, the insurance company isn't going to believe you and ignore her claim. What has or may have transpired from that time to the present...is not in question, and unless you have PROOF of something....it's called conjecture and is not admiseable.

She reported it to her insurance agency, who is now coming after his insurance company, who in turn is questioning why Surf didn't report the accident. That's why he knows that she reported it. Unless the insurance company contacted him directly....in case he did not have insurance at the time of the accident. In that case, they're probably going to seek damages from him directly as well.

From personal experience, without any of the three items above....it's a slam dunk that they'll pay out to the claimant. I had the rear end of my Acura intentionally slammed into by someone who ended up with a scratched bumper...the police said to exchange information but that no police report since it happened in the parking lot of a convenience store. The insurance claim? Five Thousand plus! I HAD reported it, but they still charged it against my policy.

Don't forget it may have been the slowness of her and his insurance company working together that caused the 3 month delay.

2¢

E

[Surfsup]

thanks everyone for youre comments and concerns ahhaha

[New-to-240z]

Escalon, that is true. BUUT, what Surf should do is contact his insurance and SEE when the claim was filed. If the claim was filed late (ie over a month say) then he could say that she could have easily hit another car, or made the damage worse to get the claim. PLUS, yes he gave her his information, but that doesn't mean he knew he was at fault. He could say that he GOT HER INFORMATION, but decided not to file it against her seeing that she was so calm about the problem and there was no damage done to HIS car. I mean, its words against words in this sort of case. If there was bad enough damage for her to file the claim why wouldn't she call the police and have them come down to write out the accident? I'm just saying, that its possible.

[New-to-240z]

P.S.

I've never heard of an insurance company taking over 3 weeks to contact the insured about a loss they may have to handle. If I ever got into an accident and no cops were involved but the other person took my info to handel this, it only took maybe 1 to 2 weeks before i heard from my insurance.