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  #49  
Old 10-10-2013, 03:02 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by mcfarl58 View Post
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.
Goot to know. Thanks for this info!
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  #50  
Old 10-10-2013, 03:51 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
I may have to start obsessively doing a full walk around my car every time before I leave a parking spot. Put this guy in therapy, he's got basket attachment onset OCD.
A small aftermarket backup camera might cost less than all that shoe leather.

Besides, suppose the situation changes after your walkabout?

Don't you have passengers who could guide you?
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  #51  
Old 10-10-2013, 03:56 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.
I'll bet $50 bucks or so to a good local lawyer could save you a lot of time, grief, and worse--potentially money. They could tell you whether you have a snowball's chance and may suggest that contacting the other party could leave you open to them asking you to fix that funny noise in their minivan since you admitted you backed into it.

Or, you could indeed be entitled and they'll tell you how to go about it in small claims.
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  #52  
Old 10-10-2013, 04:35 PM
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Re: 2014 Limited damaged in parking lot

In response to passengers guiding me or a camera, my car has a camera, I hit this going forward immediately after backing out and turning into the parking lot travel lane. A passenger wouldn't have seen this either as you can see in the first picture in the OP.

Regarding a lawyer, I already know the law is on my side from a statutory standpoint. I also know that even it it wasn't, this could be won on a general negligence argument without statutory authority. Considering I make little money as a law clerk currently, it is worth it for me to pursue. I also have a friend that used to work in collections that would help me collect a judgment if I were to win at no cost.

Lawyers aren't allowed in small claims court so I have that advantage. I also have the law on my side. Though I won't deny that at first I thought this was 100% my fault for 2 minutes, it quickly sank into me exactly why it happened, I think I have a good chance of success. If I lose, I lose. They will have a hard time establishing that I caused any damage because not only did they leave the scene, but my insurance company said to this date that they had not filed a claim. I have plenty of documentation establishing damages to my vehicle.

In other words, but for this vehicle violating the tail lamp and reflector statute, this driver would have been able to see the attachment (as can be observed by photos I took of vantage points), and the collision would not have occurred.

I can also argue that they knew or should have known that leaving this device down in a narrow parking lot was a hazard to other vehicles and pedestrians based on its visibility. And I can do that with the photo of them folding it up and away from the sidewalk on their driveway when parked at home.

Again. I could lose. I'm ready for a fight. Is it worth my time? Considering what I currently make, absolutely. Could I lose? Yup, but I have insurance, and I have enough to pay for a small amount out of pocket. Again, we are dealing with comparative fault, so there is really no reason why I wouldn't be able to at the very least decrease my own liability if I were found to be in the wrong.
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  #53  
Old 10-10-2013, 05:08 PM
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Re: 2014 Limited damaged in parking lot

Not to be abuzz kill, but what if that thing is to haul a elec. wheelchair!
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  #54  
Old 10-10-2013, 05:24 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by cherryredjeep View Post
Not to be abuzz kill, but what if that thing is to haul a elec. wheelchair!
Frankly, I would feel bad. At the same time, I wouldn't. Here is why. I personally have a disability that I don't want to discuss here, however, I will tell you this. I know there are certain things I have to do, especially pertaining to medical aids to myself, that require I use extra caution as to not harm another person.

In other words, I require these assistive devices to carry out my every day business and everyday life. In using these things, I am aware they can create a hazard for other people if I don't use them properly. Therefore I make a concentrated effort to prevent anybody (including myself) from getting injured.

I have photographs that establish this thing could be folded up, and that apparently it has been folded up to prevent injury to persons on the vehicle owner's own driveway.

I might sound like a real jerk, but being disabled myself, gives me no right to be negligent as a result of it. I don't think it gives them an excuse for being negligent either.
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Old 10-10-2013, 05:39 PM
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Re: 2014 Limited damaged in parking lot

I see your point,and it is in the ''TRAFIC RIGHT OF WAY'' with not even a cone.
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  #56  
Old 10-10-2013, 05:44 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by cherryredjeep View Post
I see your point,and it is in the ''TRAFIC RIGHT OF WAY'' with not even a cone.
That is a good point. Thank you for that additional argument
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  #57  
Old 10-10-2013, 08:02 PM
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Hmm very good arguments here but the one thing that will probably go for the other party is that you hit their carrier while you were moving forward.
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Old 10-10-2013, 08:05 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
Also, we are talking about small claims court. You aren't even allowed to bring a lawyer.
Not sure what you're talking about. Around here, you can bring a lawyer with you to small claims court. I can't imagine a rule disallowing that. But most folks don't bother with a lawyer because paying him would likely offset any money you'd receive if you win.
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Old 10-10-2013, 08:08 PM
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Re: 2014 Limited damaged in parking lot

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Hmm very good arguments here but the one thing that will probably go for the other party is that you hit their carrier while you were moving forward.
I do have to overcome that. Most of the time going to court, you do so because each party has beneficial arguments. You just have to hope that yours outweigh theirs. Also, AZ being a pure comparative fault, it's completely possible that I could be found to be any percentage of fault thus minimizing or eliminating any recovery.
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Old 10-10-2013, 08:10 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by MSCA View Post
Not sure what you're talking about. Around here, you can bring a lawyer with you to small claims court. I can't imagine a rule disallowing that. But most folks don't bother with a lawyer because paying him would likely offset any money you'd receive if you win.
Look here:
Small Claims

Specifically this part:

Who Can File a Small Claim?
The small claims court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $2,500. Small claims cases are simplified, therefore, lawyers are not allowed.
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