Legal question

[slowpoke]

One of my neighbours (lets call him "A" for asshole) accidentally bumped into my car parked on the street near my house. Minor damage but the car is brand new so it will probably cost at least $1000 (and maybe twice that much) to fix it with new parts etc. This happened in the middle of last week and "A" still hasn't left me a note or admitted that he was the culprit. The only reason I know who did this was because one of my other neighbours (let's call her "B") saw it happen and mentioned it to me on the weekend. "B" would have told me about it sooner but she assumed that "A" would have told me himself or left a note so she didn't want to interfere. She was shocked when she learned that "A" hadn't done this and said I could use her name as a witness if necessary. "B" has been a great neighbour for over 10 years and "A" is a relative newcomer so I don't know much about him. We exchange greetings when we see each other but that is about it. So I'd rather see justice than try to preserve cordial relations with him. He's an educated professional so I'm not worried about him becoming a nuisance once this is over.

I'll be confronting "A" about this very soon but if he denies hitting my car, can I just go to an accident reporting centre and fill out a belated accident report giving "B" as an eyewitness, and giving the make, model and license plate # for "A"s car? "B" watched the whole thing from her front window, and she clearly remembered the date, time of day and how it happened so she'd make an excellent witness. I'm just afraid that my insurance company will still crank my rates if "A" decides to deny he did it. I can afford to fix it myself if I can't get anywhere with his insurance co. There is less damage to his car but the scapes are visible if you look closely. There is also some of his paint on my car but I doubt anyone is going want to pay for forensic paint analysis for such a minor issue. Any suggestions?

 

[fuji]

One of my neighbours (lets call him "A" for asshole) accidentally bumped into my car parked on the street near my house. Minor damage but the car is brand new so it will probably cost at least $1000 (and maybe twice that much) to fix it with new parts etc. This happened in the middle of last week and "A" still hasn't left me a note or admitted that he was the culprit. The only reason I know who did this was because one of my other neighbours (let's call her "B") saw it happen and mentioned it to me on the weekend. "B" would have told me about it sooner but she assumed that "A" would have told me himself or left a note so she didn't want to interfere. She was shocked when she learned that "A" hadn't done this and said I could use her name as a witness if necessary. "B" has been a great neighbour for over 10 years and "A" is a relative newcomer so I don't know much about him. We exchange greetings when we see each other but that is about it. So I'd rather see justice than try to preserve cordial relations with him. He's an educated professional so I'm not worried about him becoming a nuisance once this is over.

I'll be confronting "A" about this very soon but if he denies hitting my car, can I just go to an accident reporting centre and fill out a belated accident report giving "B" as an eyewitness, and giving the make, model and license plate # for "A"s car? "B" watched the whole thing from her front window, and she clearly remembered the date, time of day and how it happened so she'd make an excellent witness. I'm just afraid that my insurance company will still crank my rates if "A" decides to deny he did it. I can afford to fix it myself if I can't get anywhere with his insurance co. There is less damage to his car but the scapes are visible if you look closely. There is also some of his paint on my car but I doubt anyone is going want to pay for forensic paint analysis for such a minor issue. Any suggestions?

I sure hope you have taken good quality photographs of the dents on his car, on yours, including the paint, etc., and gotten B to write all this down while B's memory is still fresh. I think this will be a case where whoever has the better documented story is going to won, but I really don't know.

 

[slowpoke]

Your best defense is to call the cops and get your witness to explain the details to them directly. The cops will decide who's at fault and if you're witness is credible. They'll colaborate the info to you're insurance company. You kinda screwed yourself a bit by putting it off so long. An accident with that much damage is supposed to be reported right away, not a few weeks later.

When I first spotted the damage, I had no idea who did it so I was just going to pay for it myself rather than go through insurance. It happened last Wed so it was 6 day ago. At that point I had nobody to collaborate my claim that the car was parked at the time. So with no witness, the insurer would just assume I was the one who scuffed it and they'd count this as a claim against me. I only spoke with "B" yesterday so now it is a different ball game. I'll give "A" a chance to come clean and then I'll go to the cops if he doesn't. My witness ("B") is pissed at "A" for being such a sneaky little fuck so she'd probably love to squeal to the cops.

 

[Dawgger]

Your best defense is to call the cops and get your witness to explain the details to them directly. The cops will decide who's at fault and if you're witness is credible. They'll colaborate the info to you're insurance company. You kinda screwed yourself a bit by putting it off so long. An accident with that much damage is supposed to be reported right away, not a few weeks later.

That's my feelings too. IF the evidence is still on A's car, call the cops before he gets rid of it

 

[slowpoke]

I sure hope you have taken good quality photographs of the dents on his car, on yours, including the paint, etc., and gotten B to write all this down while B's memory is still fresh. I think this will be a case where whoever has the better documented story is going to won, but I really don't know.

"A" doesn't know that I know yet so I'll take a few snaps tonight before our little chat. According to my witness, "A" parked his car right after he'd hit mine, got out and checked both cars. Then he scrubbed the damaged area of his car with paper towels. This was right in front of my witness' house and she was watching him the whole time. I also like your idea of getting a detailed description while this is still clear in her mind. Thanks to all for the advice.

 

[Doctor Zoidburg]

1) Call the cops and tell them everything. Let them handle things.
2) You may not have to call "B" as a witness, but she is available if you need her.
3) Let "A" the asshole eat the consequences, he may be charged with hit and run.

 

[wrong hole]

One of my neighbours (lets call him "A" for asshole) accidentally bumped into my car parked on the street near my house. Minor damage but the car is brand new so it will probably cost at least $1000 (and maybe twice that much) to fix it with new parts etc. This happened in the middle of last week and "A" still hasn't left me a note or admitted that he was the culprit. The only reason I know who did this was because one of my other neighbours (let's call her "B") saw it happen and mentioned it to me on the weekend. "B" would have told me about it sooner but she assumed that "A" would have told me himself or left a note so she didn't want to interfere. She was shocked when she learned that "A" hadn't done this and said I could use her name as a witness if necessary. "B" has been a great neighbour for over 10 years and "A" is a relative newcomer so I don't know much about him. We exchange greetings when we see each other but that is about it. So I'd rather see justice than try to preserve cordial relations with him. He's an educated professional so I'm not worried about him becoming a nuisance once this is over.

I'll be confronting "A" about this very soon but if he denies hitting my car, can I just go to an accident reporting centre and fill out a belated accident report giving "B" as an eyewitness, and giving the make, model and license plate # for "A"s car? "B" watched the whole thing from her front window, and she clearly remembered the date, time of day and how it happened so she'd make an excellent witness. I'm just afraid that my insurance company will still crank my rates if "A" decides to deny he did it. I can afford to fix it myself if I can't get anywhere with his insurance co. There is less damage to his car but the scapes are visible if you look closely. There is also some of his paint on my car but I doubt anyone is going want to pay for forensic paint analysis for such a minor issue. Any suggestions?

I set fire to his lawn while wearing a ski mask and tape it

then when he ask....say 'wasn't me'

then when you have a party for the neighbours ('A' included) at your place...show the video of a dude wearing a ski mask setting fire to A's lawn - then hit him in the back of the head with a baseball bat and yell "Team work"

 

[A-ROD]

I would not confront "A"

First, as others have said here, consult the police to find out what is the proper course of action to take.

Confronting "A" will not get you anything accept a fight, which will not enhance your position in anyway.

 

[slowpoke]

http://www.mto.gov.on.ca/english/faq/vehicle.htm#collision

As I said earlier make sure you have a valid reason for not reporting the accident right away.

The car just sat there for the whole week so I'll just say I didn't see the damage until Saturday when I used the car. My witness came forward on Sunday. "A" scuffed the front corner on the driver's side which I can't see from the sidewalk or my house. Yeah....that's it....I didn't see nothin....

 

[Tick]

Make sure you get photos of all damage to your car, and his, and even if the cops say you don't need "B" now, make sure she is ready to help you later.

I was the victim of a hit and run last year, 3 kids in a silver Neon backed into me in the middle of a busy street. After they hit me they sped off into traffic. I got Model and colour of the car as well as the first 4 digits of a 7 digit plate. At the time, the hit and run office told me there was nothing they could do. I asked the officer right then and there. "I'm gonna be looking for these kids, if I spot the car and get a complete plate, can you do something?" I was told they should be able to do someting.

Two months later, I spot the car in traffic and try to follow it. It STILL had the damage from where it hit me. I lose the car, but get all 7 digits so I report to the police as I am expected to do. The officer in charge asks me, "How do you know it's the car that hit you two months ago? Isn't this a little long for it to be the same car?"

I run down the facts for him....

Exact same Model of car.
Exact same colour.
The original 4 digits of the plate I saw at the scene.
Damage in the same location that hit me in the accident.
I spotted this car less than 1 KM from the location of the original accident. (it wasn't like I got hit in Hamilton and spotted the car in KW)

Three days later he calls me back and tells me it's not the car.
"I inspected the damage and the location of it does not match the details given in your description of the accident."


Like hell it didn't.


Moral of the Story: If your story is NOT cut and dry, odds are the cops won't want the hassle of actually doing real work. GET PICTURES, good ones, and make sure your witness is ready. If it's really worth it to you, you may need to go higher up the chain at the Police to get satisfaction.

 

[Kurt]

Holly s*&T batman.

Make sure you get photos of all damage to your car, and his, and even if the cops say you don't need "B" now, make sure she is ready to help you later.

I was the victim of a hit and run last year, 3 kids in a silver Neon backed into me in the middle of a busy street. After they hit me they sped off into traffic. I got Model and colour of the car as well as the first 4 digits of a 7 digit plate. At the time, the hit and run office told me there was nothing they could do. I asked the officer right then and there. "I'm gonna be looking for these kids, if I spot the car and get a complete plate, can you do something?" I was told they should be able to do someting.

Two months later, I spot the car in traffic and try to follow it. It STILL had the damage from where it hit me. I lose the car, but get all 7 digits so I report to the police as I am expected to do. The officer in charge asks me, "How do you know it's the car that hit you two months ago? Isn't this a little long for it to be the same car?"

I run down the facts for him....

Exact same Model of car.
Exact same colour.
The original 4 digits of the plate I saw at the scene.
Damage in the same location that hit me in the accident.
I spotted this car less than 1 KM from the location of the original accident. (it wasn't like I got hit in Hamilton and spotted the car in KW)

Three days later he calls me back and tells me it's not the car.
"I inspected the damage and the location of it does not match the details given in your description of the accident."


Like hell it didn't.


Moral of the Story: If your story is NOT cut and dry, odds are the cops won't want the hassle of actually doing real work. GET PICTURES, good ones, and make sure your witness is ready. If it's really worth it to you, you may need to go higher up the chain at the Police to get satisfaction.

No word of a lie the same thing happened to a guy at work hit and run Red Jetta got the plate cop told him he must be wrong plate doesn't exist. Sees the same car and confirms that it an ontario plate with valid sticker. Cop gives him the same f*&ken story so he said since it doesn't exist he will ram it next time and call them.

Bottom line $1500 out of pocket to avoid ins. co.

Kurt

 

[great bear]

I concurr with Wronghole's advice. However I would hire Dwarfs to set the lawn on fire and then blame the neighbourhood kids.

 

[hotsex2]

Your best defense is to call the cops and get your witness to explain the details to them directly. The cops will decide who's at fault and if you're witness is credible. They'll colaborate the info to you're insurance company. You kinda screwed yourself a bit by putting it off so long. An accident with that much damage is supposed to be reported right away, not a few weeks later.

.
Paul is correct, this has happened and I did what Paul said... the person even got charge with leaving the scene of an accident,

 

[Svend]

I agree, go to the cops, he broke a law.
As far as insurance goes, we now have "no fault" - I'm not sure if your premium would be affected anyway.

 

[Keebler Elf]

I'd confront A and tell him I have a witness and then proceed to give him some of the details that the witness told me. If that doesn't shake him, I'd advise him I'll be going to the police.

Give the guy a chance before you hang him out to dry.

 

[t8rs]

An accident with that much damage is supposed to be reported right away, not a few weeks later.

His name is slowpoke, after all.

Seriously though, there is no excuse for not taking responsibility for your actions, even if it's an accident. Just a few weeks ago, someone smashed my headlight and scraped up my front end. Unfortunately, I don't even know when and where it happened. Had to replace the entire headlight assembly but didn't bother with the rest. As it was, it cost me about 2 hours with an SP.

Hope things work out better for you, slowpoke.

 

[Steve-A]

It took you 2 hours with a SP to recover?

 

[red]

call the fbi- he is probably with al queda

 

[slowpoke]

Thanks again for all the advice. My wife beat me home from work last night and had it all sorted by the time I got there. She just knocked on "A"s door and more or less "suggested" that he probably wasn't aware that the new car he'd bumped the other day was ours. So "A" jumped all over that idea and immediately claimed that he hadn't known who owned it and that he'd just been waiting until someone showed up to use it. We don't drive it much so it is remotely possible that he's never seen either of us with the car since we bought it in December. The car hadn't been moved all last week until I used it on Saturday and the accident happened on Wed. Of course none of this is any excuse for him not leaving a note on the car so he's still a slimeball. But he's paying for the damages so we'll just leave it at that. He didn't even haggle with my wife about us taking it to a Toyota dealership and getting new Toyota parts instead of used or aftermarket stuff. Anyone know of a really expensive Toyota autobody shop? The least I can do is make sure he pays as much as possible....

 

[C Dick]

Hopefully you can find a Toyota dealer who would agree to charge you list plus, in exchange for some free stuff.

Just don't go to Mark from Brimell Toyota (?), those commercials are pretty annoying.