My vehicle is gone....

[Red-Handed Jill]

Wow - glad to hear you're unharmed (although definitely monitor your back and neck and such. I can tell you from personal experience that this stuff does creep up on you. Good on ya for seeing a chiropractor so soon!)

[Quartermaster James]

Just got off the phone wil the other driver's insurance rep not too long ago... It seems there is credibility to the story where she was cut off. Apparently there is a witness... We'll see... I'm being cautious and guessing it might be a ploy to avoid liability... But time and the lawyers can work that out.

Unless you somehow cut her off (not what I understood you to be saying), there should be no question of liability.

It sounds like they may be setting you up for a "phantom vehicle" story, i.e.: there's a third (and unknown) driver at fault and so go sue them.

The way this would play out is that you should be compensated by the woman who hit you, and her damages covered by her uninsured motorists coverage; the phantom vehicle being an uninsured motorist.

You want a copy of the witness's statement. Was it made to the insurance company, police, or both?

Disclaimer: I am not a lawyer and these, prior, and any subsequent statements are general and nonspecific in nature and are in no way to be construed as legal advice.

Edited April 16, 2009 by Quartermaster James

[michaelsbagley]

Unless you somehow cut her off (not what I understood you to be saying), there should be no question of liability.

It sounds like they may be setting you up for a "phantom vehicle" story, i.e.: there's a third (and unknown) driver at fault and so go sue them.

The way this would play out is that you should be compensated by the woman who hit you, and her damages covered by her uninsured motorists coverage; the phantom vehicle being an uninsured motorist.

You want a copy of the witness's statement. Was it made to the insurance company, police, or both?

Disclaimer: I am not a lawyer and these, prior, and any subsequent statements are general and nonspecific in nature and are in no way to be construed as legal advice.

Thanks QM James! I know it is just advice (from an amatuer but definitely well0-meaning and intelligent source), and I am heeding it... For now I am going to play nice, but once I see the insurance payout, I will have to make a decision to dispute it (hire a lawyer) or if the settlement is reasonable (at least close to blue book value of vehicle) there is not much for me to do but play the waiting game. I'm not feeling kindly disposed towards the driver that hit me getting off on the premise of a "phantom vehicle" (I like that phrase!)... And I will be following up with the police on the matter for sure, as the driver that hit me should be cited for unsafe driving (whether it is for following too close/not leaving a safe distance or something else). Evern if she swerved to miss an alleged or real "phantom vehicle" she should have been travelling slow enough to be able to stop without hitting another vehicle.

Can't answer the question about the "witness statement", I will have to talk to the police before I know anything about that, so far I have just heard it from the insurer... So I am still skeptical about it.

[theM.A.dDogge]

COOOL MAN!!!....got any pics??

yep...i only watch the highlights of NASCAR for the wrecks

ps....did ya have anything in the trunk too??anything inside your vehicle that was also damaged would have to be compensated...etcetc.....

[Rumba Rue]

Well the car might be totaled but you're not, so that's a good thing!

I love minivans - perfect for sleeping in at events - great for moving stuff - lots of room.

I have a Toyota Sienna and love it!

Except for the recent accident in a parking lot where I was backing up out of a parking spot and another lady on the other side backed out right into me - damage on driver's side near front tire - large dent and scratching. Then she had the nerve to say I hit her!

Well the damage spoke for itself and I hope her insurance company raises her rates a lot! We however cannot afford to get the car fixed - having to pay a $500.00 deductible first ain't gonna happen.

Once the frame is bent on any vehicle it will never be the same again. Have you ever seen vehicles on the road and the back end seems sort of off to one side or the other and the tires don't quite line up? That's a vehicle with frame damage from an accident.

BTW- If anyone ever goes to buy a used vehicle, be sure and look for such a thing.

[michaelsbagley]

COOOL MAN!!!....got any pics??

yep...i only watch the highlights of NASCAR for the wrecks

ps....did ya have anything in the trunk too??anything inside your vehicle that was also damaged would have to be compensated...etcetc.....

I have pics! The pics I have of her car are more impressive (in that holy crap that car is wrecked way)... The van looks rough, but most of the damage isn't too obvious in the pic...

Now that you mention it... I think there was a brand new fishtail fowler in the back of the van that was ruined....

First off my poor baby

And what is left of the other vehicle

[Animal]

Michael, have you been to the Bo School Of Driving???? :D Seriously tho I'm glad you made it through fairly unhurt. Keep watching for signs of injury. They can crop up a month or so later. Stick with you guns with getting her cited. If I remember right you stated that she admitted she was using her cell phone. That alone should get her a negligent driving charge. Inventory anything and everything in your van and if it's broke, make them compensate you for it. If they balk, tell them to talk to your lawyer.

Animal

[Cheeky Actress]

Feel better, drink nice relaxing tea and have long bubblebaths!

After the 'hair' episode in St. Augustine, FL I wonder if the ‘bubble bath’ would be a reach or not?

Edited April 16, 2009 by Cheeky Actress

[Sjöröveren]

Well....Captain Sterling had a Honda...enjoyed it very much - especially when it came to space.

Wow, I'd heard that Honda's were great cars, but space travel?

[silas thatcher]

whiplash sucks !! had close to the same thing as you when in high school... the next day it showed up with a vengance... unable to get up off the floor and stuff...

good thing you went to get a preliminary check up !!

[Dutchman]

zow mate. glad you're unharmed!

[oderlesseye]

Glad ye alright thar matey!

[michaelsbagley]

So this tale has pretty much come to an end. In less than 24 hours since my van was destroyed, I have gotten a cheque from the insurance company and bought a vehicle... We found a great deal on an '06 Buick Montana that will suit our needs nicely.

Amazingly less stress about this whole story than I expected.

[Ivan Henry aka Moose]

hope you're okay my friend

[LadyBarbossa]

Good God. Glad to know you are alright, Michael. Sorry to hear about the vehicle though. Still that's a bummer, almost paid off, too.

Her car is bad, but yo'rs... wow. Ok, if they don't write it off as totalled and expect it to be repaired, someone has a screw loose! Um, the damage is pretty obvious in the pic. :) Yo'r van looks just like the one my parents have and.. yeah, I can tell what's out of place already. They better total it so you can have a replaced vehicle, mate.

But again, glad you are alright and what a bummer about the van.

~Lady B

[Animal]

So this tale has pretty much come to an end. In less than 24 hours since my van was destroyed, I have gotten a cheque from the insurance company and bought a vehicle... We found a great deal on an '06 Buick Montana that will suit our needs nicely.

Amazingly less stress about this whole story than I expected.

Congrats on the settlement!!! Did that include the gun also?

Animal

[michaelsbagley]

So this tale has pretty much come to an end. In less than 24 hours since my van was destroyed, I have gotten a cheque from the insurance company and bought a vehicle... We found a great deal on an '06 Buick Montana that will suit our needs nicely.

Amazingly less stress about this whole story than I expected.

Congrats on the settlement!!! Did that include the gun also?

Animal

Thanks Animal... Unfortunately I couldn't provide the proof of said musket for them to be willing to replace it for me. Which makes me glad that the musket was safely at home, because I don't think I have any of the receipts for it or any proof that I even own it (besides a couple of photos of me with it)....

[Kate Souris]

It's actually a Pontiac Montana....

[Mary Diamond]

Just got back online ~ sorry to hear about the accident, but glad to hear you are ok ~