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  #61  
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 argue4u View Post

$1000 deductible because this guy has had no reason not to try to save money on his car insurance in the past, makes this guy bummed.
Think about it this way--- if you're like me, you've saved FAR MORE than $1000 in lower premiums because of your higher deductible. So even if you have to shell out 1000 clams, you're still far ahead of the game.

I've had a $2000 deductible for the last 15 years on my vehicles. My insurance premiums are far lower than they would be with a typical $500 deductible. So if I have an accident and have to pay the $2000 deductible, no problem...I've already saved more than $10000 in insurance premiums over the years. And knock on wood, but I've never had an accident with any of my cars. I'm just too good, I guess...and lucky too.
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  #62  
Old 10-10-2013, 08:12 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
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.
Like I said, around here you can have a lawyer in small claims. Here's a quote from my local county court:

A Small Claim is a claim for money only, not exceeding $3,000, where the person you wish to sue either lives, works, or has a place of business within the Town of Clarkstown, (including corporations). No partnership, association, corporation or assignee, except a municipal corporation, public benefit corporation, school district or public library, may bring an action in the small claims part of a justice court. Such cases must be brought in the civil part of the court which is subject to different rules. A corporation may appear in defense of any small claim action brought pursuant to this article by an attorney, as well as, by an authorized officer, director or employee of the corporation. The appearance of any officer, director or employee of the corporation will be deemed to constitute authority on the part of that person to bind the corporation to a settlement or at trial.
While you do not need a lawyer in small claims cases, in Clarkstown, you may retain an attorney if you so desire. If you retain an attorney and the case is not settled, the actual trial may be in the daytime. The return date contained in the Small Claims Notice is the Trial Date and you should be prepared to present your case or defense.
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  #63  
Old 10-10-2013, 08:40 PM
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Quote:
Originally Posted by MSCA View Post
Like I said, around here you can have a lawyer in small claims. Here's a quote from my local county court:

A Small Claim is a claim for money only, not exceeding $3,000, where the person you wish to sue either lives, works, or has a place of business within the Town of Clarkstown, (including corporations). No partnership, association, corporation or assignee, except a municipal corporation, public benefit corporation, school district or public library, may bring an action in the small claims part of a justice court. Such cases must be brought in the civil part of the court which is subject to different rules. A corporation may appear in defense of any small claim action brought pursuant to this article by an attorney, as well as, by an authorized officer, director or employee of the corporation. The appearance of any officer, director or employee of the corporation will be deemed to constitute authority on the part of that person to bind the corporation to a settlement or at trial.
While you do not need a lawyer in small claims cases, in Clarkstown, you may retain an attorney if you so desire. If you retain an attorney and the case is not settled, the actual trial may be in the daytime. The return date contained in the Small Claims Notice is the Trial Date and you should be prepared to present your case or defense.
I know. I dont have or make much right now so I'll bother fighting a case if this can't be resolved by letter or phone call. The only reason I posted that link was because you said you didn't know what I was talking about regarding no lawyers in my applicable court. You are right, I should count myself lucky, but when you make so little and work so hard, the time becomes worth it to fight the fight. My own screen name is argue4u. I'm always making winning arguments for others. Its my turn to argue4me. I like a good argument. Even if I lose .
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  #64  
Old 10-10-2013, 10:07 PM
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Re: 2014 Limited damaged in parking lot

Fact of the matter is you were moving and hit a parked non occupied car. Based on your premise, what if it had been a small child laying on the ground, and you hit them. You would be at fault for not looking. Same thing applies here. Also, you said they left the scene of an accident. How can they leave the scene of an accident if they did not know an accident occurred? Take it to court if you want, but be prepared to lose.
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  #65  
Old 10-10-2013, 10:35 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by Shannon View Post
Fact of the matter is you were moving and hit a parked non occupied car. Based on your premise, what if it had been a small child laying on the ground, and you hit them. You would be at fault for not looking. Same thing applies here. Also, you said they left the scene of an accident. How can they leave the scene of an accident if they did not know an accident occurred? Take it to court if you want, but be prepared to lose.
I appreciate your opinion. Not everybody has to agree with me. I suppose you would also argue that the driver lawfully traveling down the highway that hits the person who runs into traffic is automatically at fault too. Or that the neighbor who backs over the other neighbor's cat, and couldn't see it is at fault too. Or that the guy that went over the white line and three feet into my lane on the freeway and sideswiped me, that is my fault too. Or perhaps, the guy I rear-ended at night because his running and tail lights were out, that was my fault too. I have no intention to make any type of argument that they intentionally left the scene of an accident.

You can't compare hitting a child to this situation. It's not the same thing. You have to do something negligent to be held liable in the first place. Or else, you have to violate statute and then it doesn't matter if you were negligent. I used the same caution any driver is expected to and legally required to. I checked my mirrors, backed out slowly and cautiously, looked both ways numerous times, and collided with an obstruction that lacked visibility, protruded into and impeded traffic both pedestrian and vehicle, and as evidenced by pictures, has been folded up before. Simply put, it was an unnecessary hazard. The owners of that vehicle knew, or should have known, that injury or property damage was more likely to occur. Regardless, they violated Arizona statutes that had they not violated, this collision would not have occurred. Contrary to popular belief, you aren't always liable just because you were "a", or were "the", moving vehicle.
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  #66  
Old 10-10-2013, 11:01 PM
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Re: 2014 Limited damaged in parking lot

Want to see an example of a guy not even getting a citation for killing a kid in a parking lot? Look at this: Four Year-old Killed in Walmart Parking Lot

We like to think that just because we we are moving, we are automatically at fault. It's not true.

In fact, this guy could sue the child's mother for the emotional stress he has undergone having killed the child.
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Old 10-11-2013, 07:47 AM
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Re: 2014 Limited damaged in parking lot

Maybe I am getting old, but I thought that there was a law that stated if you have a load or obstruction more than 2 feet past the end of the vehicle, then you must have a flag (red?).. I remember way back in the 70's being in a pickup and having lumber extending paste the tailgate and being pulled over. In this case, there was a red plastic flag that was stapled on and it blew off. The officer saw it blow off, pulled us over and informed us what had happened. He informed us to tie a rag or something on to it in order to be in compliance or risk a citation. Still, it is bad luck in your case and a brain dead decision on the van driver to park where they did.
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  #68  
Old 10-11-2013, 09:34 AM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by camtah View Post
Maybe I am getting old, but I thought that there was a law that stated if you have a load or obstruction more than 2 feet past the end of the vehicle, then you must have a flag (red?).. I remember way back in the 70's being in a pickup and having lumber extending paste the tailgate and being pulled over. In this case, there was a red plastic flag that was stapled on and it blew off. The officer saw it blow off, pulled us over and informed us what had happened. He informed us to tie a rag or something on to it in order to be in compliance or risk a citation. Still, it is bad luck in your case and a brain dead decision on the van driver to park where they did.
Every state has their own laws, but I remember all lumber yards putting red flags on any lumber that stuck out past the rear bumper.

However, in the OP's case he was in a parking lot so those laws would not apply. After seeing the pictures,, it dawned on me there is another possibility why it was down. They might have needed access to the cargo area when they came out of the store with their hands full.


I am real curious to see how this turns out. The OP is certainly doing his homework, and if it goes to small claims, the best prepared person often is in a better position to sway the judge.


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  #69  
Old 10-11-2013, 01:53 PM
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Re: 2014 Limited damaged in parking lot

Also, I'd be curious to if that carrier can be seen from the side view mirror. PM me the address and I'll follow it to a grocery LOL.
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Old 10-11-2013, 03:15 PM
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Re: 2014 Limited damaged in parking lot

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Originally Posted by argue4u View Post
That is a good point. Thank you for that additional argument
Post back on how it goes.

I don't suppose your law school would consider this a good extra credit project, where the whole class could take it on.
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Old 10-12-2013, 12:37 AM
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Originally Posted by eibyer View Post
Also, I'd be curious to if that carrier can be seen from the side view mirror. PM me the address and I'll follow it to a grocery LOL.
For the safety of the vehicle owners, I won't give you their address . Not because I think you would do anything, but I just don't think potentially incurring liability is a smart thing on my part. If you look at the OP picture, you can see they were parked on an angle that would negate the ability to see the attachment from a side-view mirror. Also, the attachment itself is narrower than the vehicle.

Red flags on loads are required for loads that extend four feet from the vehicle. Actually, I have found that there are plenty of statutes that people have mentioned from other states that are similar in Arizona, however, still don't bar me from recovery on applicable common law principles. And those statutes mentioned which are similar, are overcome by other statutes in my favor. You can violate one and technically not violate another, and still be liable. I think it's all going to come down to application. This is why in legal complaints, lawyers often take a scatter-gun approach to the laws and legal principles they allege the other party violated thus imputing liability. Similarly, when a defendant files their answer, they assert all potential defenses that may be applicable to them, or they may have ultimately waived their ability to assert that defense later. Obnoxious as it may seem, if a lawyer doesn't properly do so, they can be barred from making the argument later.

As far as extra credit, unfortunately, there's no such thing in law school

Realistically I know the law is on my side. As far as any potential for a successful countersuit, it dawned on me that this is incredibly unlikely. I can assert the defense that by having the attachment lowered, they assumed the risk of property damage to their own vehicle. I will keep you all updated, but remember, negotiations and court proceedings typically take a long time. As always, both favorable and non-favorable arguments are welcome!
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Old 10-12-2013, 06:39 AM
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Re: 2014 Limited damaged in parking lot

Maybe this would be a good case for Judge Judy. That way nobody loses, and she'll have it wrapped up before the next commercial.


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