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  #37  
Old 10-10-2013, 12:18 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by Chunderboy View Post
You sly sly devil you. Way to use the interwebs to your advantage.

Honestly speaking, what was your first reaction when you saw that pic?
I don't think I can answer that without using expletives

I am Google! jk, if you are wondering, that google streetview pic is from June 2011. Maybe they got lazy over the last couple years.
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  #38  
Old 10-10-2013, 12:33 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by bill_de View Post
Are you sure that "No Fault" covers property damage? That in effect would require everybody to have collision insurance. In most states "No Fault" is mandatory and covers medical bills for you and people in your vehicle. The original idea was to get medical bills paid without waiting to determine fault.

When I was working in NY, and even after No Fault was in effect for decades, most people didn't understand it until they had an accident. Of course, I said most states, your state might have different laws.


---
In MI, it's called mini-tort liability. At-fault driver is only responsible for paying $1000 (usually your deductible on insurance). Can't force a person to pay for the damage to your vehicle beyond that. Not sure about other states though.

No fault also covers standard property damage here ($1 million minimum I believe). That covers you if you run through someone's yard and take our their living room. Also applies to damage to parked cars that you cause.

BTW, Arizona is a fault state so sue away my friend.
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  #39  
Old 10-10-2013, 12:40 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by mcfarl58 View Post
In MI, it's called mini-tort liability. At-fault driver is only responsible for paying $1000 (usually your deductible on insurance). Can't force a person to pay for the damage to your vehicle beyond that. Not sure about other states though.

No fault also covers standard property damage here ($1 million minimum I believe). That covers you if you run through someone's yard and take our their living room. Also applies to damage to parked cars that you cause.

BTW, Arizona is a fault state so sue away my friend.
Right, from my understanding, Arizona is a "Pure Comparative Fault" state meaning that you are always entitled to compensation for damages, however, they may be reduced by a percentage equal to your share of the fault. Which at the very least, is why I think I can argue for half the cost of repairs.
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Old 10-10-2013, 12:42 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
Well, Arizona is not Minnesota. Anyways, the insurance company has got the names and address of the vehicle owners for me. I found a phone number matching the address online and the voicemail only gave a first name but it was the name on the insurance company printout. I left a message requesting a call back by tomorrow at 5:00pm. I'll let you all know what happens.

And for those wondering if the thing folds, Google streetview says YES!

In my opinion, this shows they are conscientious enough to fold it to protect walkers on the sidewalk when parked on the driveway, why not cars and people in a parking lot? It further establishes that they have an awareness it needs to be folded up when nothing is on it.

It's nice to have another argument that they seemingly were aware to fold it up when not in use, or else, why do it at all?

Attachment 30104
Attachment 30105
Serious question: You didn't file a claim with your insurance company did you? With a $1000 deductible, it hardly seems worth it. If so, get ready for your insurance rates to go up.
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  #41  
Old 10-10-2013, 12:46 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
Right, from my understanding, Arizona is a "Pure Comparative Fault" state meaning that you are always entitled to compensation for damages, however, they may be reduced by a percentage equal to your share of the fault. Which at the very least, is why I think I can argue for half the cost of repairs.
Good news for you then. Find the statute that states the carrier must be folded up and/or marked and you're good to go. Of course, you do realize that you may waste several days of your time here right? You'll file in small claims and a date will be given. You'll show up and hope the defendant does too. If not, you'll win a default judgement, but you'll have no way of getting paid so it's back to court for another hearing ordering defendant to pay.

Even if you win, again, may not be able to collect so easily. And that doesn't include filing costs and costs for service of process (which will be even higher if defendant doesn't show).
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  #42  
Old 10-10-2013, 12:47 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by mcfarl58 View Post
Serious question: You didn't file a claim with your insurance company did you? With a $1000 deductible, it hardly seems worth it. If so, get ready for your insurance rates to go up.
"Using" the insurance company was my only way to track down the owner's information because the owner left the scene while I was looking for them in nearby stores. Arizona happens to be a state, to the best of my understanding, where as long as you are a party to a conversation, you can record it without informing the other person. Regardless, when talking to the insurance agent, as in, they represent the insurance company, I told them I was recording the call and gave them my situation as a hypothetical. They said I could start the claim process to get the information, withdraw the claim, and that there would be no repercussions to my insurance rates as long as I withdrew the claim and they didn't pay anything out.

I withdrew it this morning, they have paid nothing out, and they again confirmed there would be no implications to my policy rates.
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  #43  
Old 10-10-2013, 12:52 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
"Using" the insurance company was my only way to track down the owner's information because the owner left the scene while I was looking for them in nearby stores. Arizona happens to be a state, to the best of my understanding, where as long as you are a party to a conversation, you can record it without informing the other person. Regardless, when talking to the insurance agent, as in, they represent the insurance company, I told them I was recording the call and gave them my situation as a hypothetical. They said I could start the claim process to get the information, withdraw the claim, and that there would be no repercussions to my insurance rates as long as I withdrew the claim and they didn't pay anything out.

I withdrew it this morning, they have paid nothing out, and they again confirmed there would be no implications to my policy rates.
Just to be on the safe side, I would run your CLUE report in about 6 months or so.

https://personalreports.lexisnexis.c...le/landing.jsp

I had the same thing happen to me where I talked to the insurance company about an accident I had and never filed a claim. Once I figured out what the deductible was, I said thanks but no thanks. I never even filed a claim and they didn't pay anything, but it still showed up on my CLUE report as an at fault accident as if I had filed a claim. I found this out later when I was getting a quote from another insurance company and they ran the report and saw it as part of giving me a quote. I had to go through some hoops to get it removed, but I did eventually. My rates never went up because of it, but it was a pain in the ass when I wanted to switch insurers because they all saw an at fault accident on there report that should have never been there.
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  #44  
Old 10-10-2013, 12:57 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by mcfarl58 View Post
Good news for you then. Find the statute that states the carrier must be folded up and/or marked and you're good to go. Of course, you do realize that you may waste several days of your time here right? You'll file in small claims and a date will be given. You'll show up and hope the defendant does too. If not, you'll win a default judgement, but you'll have no way of getting paid so it's back to court for another hearing ordering defendant to pay.

Even if you win, again, may not be able to collect so easily. And that doesn't include filing costs and costs for service of process (which will be even higher if defendant doesn't show).
I understand it may be difficult, and that I'm not even in the realm of a real court, and that it will take some time and money to pursue, and that I might not even collect if I were to win. I'm hoping the owner calls me back and we can work something out over the phone.

However, even if not, being a first-year law student, it could be fun and educational to pursue.
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  #45  
Old 10-10-2013, 01:39 PM
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Re: 2014 Limited damaged in parking lot

Still say your going to have a tough time with this one due to the fact it sticks out less than 4 feet, he was parked, and you backed into him. He could come back to you and say you scratched the paint on the rack, and collect $$$ from you. You sure it's worth pursuing for a thousand bucks?
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  #46  
Old 10-10-2013, 01:44 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by Shannon View Post
Still say your going to have a tough time with this one due to the fact it sticks out less than 4 feet, he was parked, and you backed into him. He could come back to you and say you scratched the paint on the rack, and collect $$$ from you. You sure it's worth pursuing for a thousand bucks?
Mind you, the 4 foot law is a Minnesota law, not an Arizona statute. The statute I want to use requires that reflectors be no less than 15" off the ground on the back end of a vehicle. Because the Arizona statutes are ambiguous as to what the rear end of a vehicle constitutes, I think I can make a good argument. Worst case scenario, I can see things being cancelled out, or ending up with a small loss. I think it's worth it. I think showing the vehicle had the that thing on it in 2011, though not necessarily non-stop, helps establish that that attachment is on the vehicle fairly often. Ambiguity allows me to argue that be considered part of the vehicle as a whole when attached. Had that thing been 15" off the ground and not 10", I would have seen it.

But like I keep saying, who knows if this can be resolved simply over the phone. Arizona procedural rules require you attempt to resolve the matter outside of small claims first.

I won't deny it, it wouldn't be the first time the principle of a matter caused me to pursue the wrong avenue.
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Old 10-10-2013, 02:45 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
Mind you, the 4 foot law is a Minnesota law, not an Arizona statute. The statute I want to use requires that reflectors be no less than 15" off the ground on the back end of a vehicle. Because the Arizona statutes are ambiguous as to what the rear end of a vehicle constitutes, I think I can make a good argument. Worst case scenario, I can see things being cancelled out, or ending up with a small loss. I think it's worth it. I think showing the vehicle had the that thing on it in 2011, though not necessarily non-stop, helps establish that that attachment is on the vehicle fairly often. Ambiguity allows me to argue that be considered part of the vehicle as a whole when attached. Had that thing been 15" off the ground and not 10", I would have seen it.

But like I keep saying, who knows if this can be resolved simply over the phone. Arizona procedural rules require you attempt to resolve the matter outside of small claims first.

I won't deny it, it wouldn't be the first time the principle of a matter caused me to pursue the wrong avenue.
You'll make a good lawyer

Worth a shot.
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  #48  
Old 10-10-2013, 02:47 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by mswlogo View Post
You'll make a good lawyer

Worth a shot.
Thanks mswlogo. Means a lot that you say that
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