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      03-28-2008, 11:41 AM   #1
xxx_big
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Somone one ran into my E92, Help!

Well, i was trying to park on a street yesterday around 2:00 in the afternoon.

As i was backing, this lady who was driving out of the parking lot from the

opposite of the street T-boned me when she tried to merge into my side of

the lane. Funny thing is, she claimed that i was the one who backed up into

her. How's it even possible when she was the one driving from side way?

Nevertheless, a police officer happened to be near the scene and turned out

that he is the owner of the car and his wife is the one who is

driving. What's the possibility of that?

Anyways, so i filled the claim and Metlife(my insurance company) claims that

it's 50% at my fault since i was backing up.

Therefore, i was wondering if any one you out there who is familiar with this kind of situation and can perhaps give me a tip or two as to how to fight back to this. I would be much appreciated.
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      03-28-2008, 12:31 PM   #2
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Well, the cop owning the car ruins one or two options you might have had. I think you may just be stuck with this one. Sorry.

The only thing I can see is she did not yeild when she should have. Without a different officer there (I would have called another one) I doubt the cop will help you much.

You should have gotten him (or another officer) to write her a ticket for failure to yeild. Without a citation it will be hard to fight the insurance company and will not be worth your time in the long run.
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      03-28-2008, 01:43 PM   #3
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LOL. With that kind of luck, how is your life doing?

I'm just kidding, you might want to contact the police department directly and speak to that officer's manager.
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      03-28-2008, 02:07 PM   #4
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Actually... I would take this one to court. The cop should have called another one to get involved. There are certain laws to protect you from this. You can say you were intimidated coerced confession etc (due to it being his wife/his car) - if you were to take it to court you may be able to get anything you may or may not have said at the time thrown out. Get an attorney if so inclined.

PS. Shouldn't have admitted to backing up
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      03-28-2008, 02:48 PM   #5
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Wow that is some awful luck, but I have to imagine there is some sort of conflict of interest in this case?? Does not seem right.
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      04-01-2008, 11:49 PM   #6
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Conflict of interest!

that cop can't testify against you, write you a ticket etc. if it's his car

My uncle is a state patrol officer and was driving on the highway in front of his wife when some guy drives by in a truck and a chair falls out of the back end and hits my aunt's car. My uncle pulled him over but he couldn't do anything else due to conflict of interest, had to call in another officer.
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      04-02-2008, 11:29 AM   #7
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BUllshit, if she T-boned you its still her fault....don't let the cop influence anything...DO NOT SETTLE FOR LESS
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      04-02-2008, 12:35 PM   #8
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It's called comparative negligence and it happens. You pay your deductible and she pays hers. The respective companies may try to subrogate 50% of the loss against one another. End of story. Without diagrams and pics, can't say much more.

FWIW, had she gotten a failure to yield ticket, it's entirely possible you could have gotten an improper backing ticket, too. I hate to say it, but you probably should both lick your wounds and go on with life.
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      04-02-2008, 12:48 PM   #9
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      04-02-2008, 01:12 PM   #10
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      04-02-2008, 01:15 PM   #11
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      04-03-2008, 02:46 PM   #12
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Well, unfortunately my camera isnt' working so i am not able to take any picture to intensify this already dramatic story. Though, i really appreciate most of your response and hope that some of your posts will come in handy in the near future. Thanks
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      04-03-2008, 03:58 PM   #13
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You are all missing the point here:

"Well, i was trying to park on a street yesterday around 2:00 in the afternoon."

Why were you parking your nice E92 on the street?? For this reason alone you should be hit with 50% fault.

j/k
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