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Old 08-15-12, 02:06 PM   #1
bassboogieman
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Default I AM SO *&%#$@@ - part 3

So this morning I run to Home Depot to get a couple lengths of PVC pipe - I'm replacing the wood/carpet bunks on my kayak trailer. I've seen a couple of trailers with the PVC and it keeps the kayak from shifting sideways on the trailer - seems like a good idea.

So out of Home Depot I go and I get to my JUST REPAIRED, 6 week old Durango, put the pipe up on the roof rack and go around to the back to get some cord to tie it on with AND WTF do you think is waiting for me? I can't freakin' believe it - a soccer ball size dent in the lower right side of my hatch back. Let me tell you I think I know what the warning signs of a stroke are now. Or maybe it's a heart attack, whatever, every darn muscle in my body went tense.

So I go up front, maybe they left me a note - HA! I must be freakin' NUTZ to think someone hit my car, felt some responsibilty and left me a note so I could contact them and they could pay to have it repaired. I'm telling you, I may be in the hospital or in jail if I witness someone hitting this vehicle again or they don't have insurance depending upon who ends up with the bigger arse whuppin". I am at my wits end, with this ir-responsible part of our society.

Really, you try to have something nice and some POS keeps banging it up for you. OH, and I have to pay this one out of pocket - $742.00 worth - or my insurance will pay $242.00 (after my $500.00 deductable) and add a surcharge on my premium for the next 3 years, and I get dinged for a responsible accident - the car was PARKED! So it really is cheaper for me to eat this one, and let me tell you the taste is pretty darn bad.......
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Old 08-15-12, 03:04 PM   #2
aikenyounggun
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you have really had a terrible string of luck recently, im sorry man.

My truck (which no dents or scratches) got hit early in my senior year in the parking lot at school. I searched the parking lot the next week for a matchin color car and dent, never did find it. Lots of people refuse to do the right things these days it seems.
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Old 08-15-12, 03:09 PM   #3
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They should have parking lot cameras. You checked with the college kid up front or the cat with zebra cake crumbs in his mustache?
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Old 08-15-12, 03:11 PM   #4
nofearengineer
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Bruce, most Home Depots I've seen have video surveillance on their parking lots, for that very reason. I would imagine they would be most helpful in helping you locate the car that did it, and maybe even match that customer with an interior video surveillance tape.

That's what I would do. And then, assuming it isn't another illegal alien like last time, I would fry their *** for all the cash they have..assuming they don't want to face criminal prosecution for leaving the scene of an accident.
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Old 08-15-12, 03:15 PM   #5
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Bruce that stroke of luck aint right...Im sorry to hear the frustration man....
Hopefully they have cameras....
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Old 08-15-12, 03:51 PM   #6
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Quote:
Originally Posted by nofearengineer View Post
Bruce, most Home Depots I've seen have video surveillance on their parking lots, for that very reason. I would imagine they would be most helpful in helping you locate the car that did it, and maybe even match that customer with an interior video surveillance tape.

That's what I would do. And then, assuming it isn't another illegal alien like last time, I would fry their *** for all the cash they have..assuming they don't want to face criminal prosecution for leaving the scene of an accident.
Bryce, do some research on accident liability in parking lots and other private property. The person that hit his car is a dick for leaving without leaving a note or without trying to contact him in some way and take responsibility for thier actions, BUT, in most states, they are not a criminal as they were under no LEGAL obligation to do anything unless they hit his truck on purpose. If the store has video, and if the video shows that it was an accident, then once again, probably up crap creek. Now, if the video showed someone walk up and kick his truck, then that would be criminal vandalism. Check your local and state laws and you will see that you park in parking lots at your own risk. If someone hits you, on accident, they can choose to do the right thing and make an insurance claim, or they can simply say screw you, private property, stalls too narrow, didn't see ya. etc. etc. etc. If the dent was caused by a rouge shopping cart, you are also screwed, because stores all post signs saying they are not responsible for damage occuring in thier parking lots. They didn't force you to park there and they won't pay to fix your car if gets damaged there. There is a big difference between something being your legal responsibility versus something being illegal. It's not illegal to leave a parking lot after having bumped into another persons car. However, a small claims court would more than liklley give a judgement that that person was responsible for the accident and has to pay for the damages. So, by all means, bassboogieman should see if they have video of the car tag or person, then take them to court.

Last edited by pro reel; 08-15-12 at 04:04 PM.
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Old 08-15-12, 04:03 PM   #7
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Kevin, in most states (not sure about them all of course) no-fault rules do not apply when one car is parked and not in use. If two people back into each other, then no, one could not sue the other for damages unless gross negligence or intent were proven. In this case, Bruce would have a case, assuming he could identify the offender, and he filed a police report.

*EDIT* Kevin, I think I see the point you were trying to make...criminal vs civil...I gotcha. My point was, I would threaten them with criminal action, as a means to convince them to pay. You're right about it not sticking. However, it does raise an interesting question. Say they "acidentally" backed into you so hard, they killed someone...would there be criminal charges then?
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Old 08-15-12, 04:10 PM   #8
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Bryce, you are right that he would have a case that he could win in court. If he has video proof, then a court would give him a judgement against the person that caused the damage. However, the person that caused the damage would not be charged with any offence. They would not be ticketed or arrested. They would not be charged with hit and run leaving the scene of an accident. That part of the law is screwed up. It has happend to me and others that I know have been through it. It sucks, but those people will never get in trouble.
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Old 08-15-12, 04:22 PM   #9
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That's what I tried to clear up in my edit, Kevin. My point was, even though they might not be in legal jeopardy, they might not know that...especially if they are illegal.

The law is crazy though. I will continue to park all by myself, out in the boonies where the women don't circle like vultures trying to get one parking space closer than the others.
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Old 08-15-12, 05:22 PM   #10
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I learned ALL about accidents in parking lots the last time - remember the cop left an uninsured vehicle back on the street rather than having it towed and inpounded? The point is, I am probably better off NOT knowing who did it, now after the fact. I could have dealt with it if a note was left by a responsible, stand-up person and I didn't have to actively go after someone. After the last couple weeks I do not trust myself with knowing who it might be at this point and if it would turn out like the last one and it was a male, I'd only end up in more trouble - I'd either get my a$$ kicked or he would. I'm still actively hunting the first one, I've exhausted about all my "legal" methods but I'm still hoping I cross paths with him, and that's all I got to say about that.

The other issue is, it cost me $115 to file the last claim and have a District Constable pay a visit to his "listed address" only to be told "He nor his mommy don't live there no more, and NOBODY KNOWS WHERE THEY WENT. Total BS and do you think the police or District Court help a plaintiff find a defendent? Yeah, right - no more they can do until I get them a new address to serve him. What freakin' resources does the average citizen have to track down an illegal in flight? The legal system is a total joke for the "small stuff" like $500 here and there, but if I take $500 out of his hide, they'd track my a$$ nation wide, slap on the cuffs and put me in a cell. The local cops won't even run a tag for me to see if there is a change of address on it - likely won't be for a while, but that's the crap you have to deal with. The management at McDonald's won't give me any info either, I think he work there as the manager (also a dam Mexican) and another Micky D Boy (yeah Mexican) came out and talked with the POS while I waited for the cop - WHICH WAS A TOTAL WASTE OF TIME. I appoligize if I've offended anyone of Mexican heritage, but that POS makes me hate illegal Mexicans with a passion.

OK, I must stop now, my blood pressure is going off the charts.

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Old 08-15-12, 05:53 PM   #11
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I can promise you, if he fell victim to some "unfortunate accident" they could find you in 5 minutes.
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Old 08-15-12, 05:57 PM   #12
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I feel for you. My car got hit in a parking lot a couple weeks ago. White car left a 8"-10" circular mark on my left rear bumper. No way they didn't notice that they hit something. No note either. Probably a couple hundred to get it fixed which I don't have....
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Old 08-15-12, 06:56 PM   #13
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I don't know what to say Bruce. Your string of bad luck is very disheartening. I hope it changes soon. I'd be thinking the new vehicle is cursed and think about replacing it with something else. I wish someone has seen what happened and wrote down the license plate number. My dad did exactly that when he saw a teenage girl plow into a parked car at the grociery store and leave.
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Old 08-15-12, 07:23 PM   #14
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Dang, you have definately been a **** magnet lately. Sorry to hear about your luck but I would say you are better off eating this one. It really sucks when you have something nice.
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Old 08-15-12, 08:06 PM   #15
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sorry to here that you got hit again .that really sucks
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Old 08-15-12, 09:01 PM   #16
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dang bruce....maybe that durange is hexed? sorry man for real.....that is jsut aweful.
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Old 08-18-12, 11:02 AM   #17
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Quote:
Originally Posted by pro reel View Post
Bryce, you are right that he would have a case that he could win in court. If he has video proof, then a court would give him a judgement against the person that caused the damage. However, the person that caused the damage would not be charged with any offence. They would not be ticketed or arrested. They would not be charged with hit and run leaving the scene of an accident. That part of the law is screwed up. It has happend to me and others that I know have been through it. It sucks, but those people will never get in trouble.
I'm sure you;re probably right on that.
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Old 08-18-12, 11:04 AM   #18
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I THOUGHT I winessed (heard) someone dinging a car with their door, yesterday.
Then I saw their door close. made sure the other vehicle had no dent. If so, I would have taken down the license plate & stood there till the owner came out
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