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RE: RE: ACCIDENT, body shop, legal? HELP!
In message <199707030703.JAA05100@mykonos.Holland.Sun.COM> (Douglas Mancini
- Order Manager - OFC Netherlands) writes:
> In most states whenever the traffic side door is opened and hit it is
> the openers fault ...
Phil Payne responds:
>Yup - over here anyone "introducing an obstruction onto the highway" is
>too. And woe betide you if they think it was deliberate - a consequence
>laws aimed at the new habit of dropping lumps of concrete off motorway
The guy with the damaged door responds (Paul Royal):
The adjuster saw it this morning...ballpark figure says: $500-$1000. My
deductable: $500. So about two years ago I helped a lawyer at a prestigious
Boston law firm get a case dismissed as I was the only witness to an
accident for which his client was not at fault. The lawyer promised to buy
me a Guiness or two when this was finally cleared up about four months ago.
I called him this morning and asked him if he'd be willing to trade the
promised Guiness for a little free advice...he was gracious and gladly
accepted. He gave me some good advice about getting another estimate and
then advised me to file a claim in small claims court in NH. He advised me
that no DA would accept or pursue an assault charge from her because there
was never any contact between me and the other driver and because she was
inside her locked car still driving (albeit poorly).
I have also filed a very, very lengthy report with the Seabrook Police
department and inquired as to my grounds for filing assault charges myself
(something I would only do to protect myself).
The same report that went to the Police is in my insurers hands as well.
The cost of filing in small claims court against her insurance company and
her personally is $35. Now, as far as introducing an obstruction or
opening my door into traffic (don't forget that he was so close that she
had to back up to pull out and go around me) I have only this to say (an
excerpt from my report):......"My own judgement in stopping my automobile
after having been threatened by Ms. ***** is questionable only with regard
to my own safety, but in doing so, I only sought to exercise my right to
protect myself from further harrassment, intimidation, and possible
"I am determined that I shall not be held liable or financially responsible
for someone else's reckless endangerment of my life, their lack of respect
for the potentially dangerous consequences of driving an automobile
irresponsibly, or their incompetence as a driver.".."...please also
consider my willingness to defend my personal safety, my property and my
integrity to the full extent that the law allows."
Granted, this is "speechmaking" but I am going to do this by the book,
cover all my bases and attempt to make an example of my intolerance for her
"road rage." If nothing else, it is my intention to show Ms. ***** and her
insurance company that I will _NOT_ be f***ed with. I'm a nice guy most of
the time, but there are some very definate lines that I will not allow to
be crossed as a matter of honor....and I might add, there is more than one
way to skin a cat! :-)
I'll leave out the references to "awakening a sleeping giant" for when I am
victorious (hear me thinking positively?)
Sic Semper Tyrannus!!!
Thanks for all your advice folks!!