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#1 (permalink) |
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Senior Member
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What do I do? Lawsuit possible?
Wasn't sure if this is driving related but w/e...
So I have a hybrid, which comes with the rear XM antenna installed. For whatever reason rather than use color coded humps Honda choose an ugly corolla like knob and stick. I don't have the XM activated by dealer since I'm more of an Ipod fan. So the antenna was useless. I browsed ebay for while and found a few fake antenna fins, but none that could cover the knob. Last year I found one off ebay that was larger, a full shark fin, attacked by 3M tape. I bought it, tried several paints to find a close match to the magnetic pearl and attached it. It covered the knob perfectly after unscrewing the antenna stick. The fin itself has a thin plasic cover over a metallic hard shell. So while heading west on Rt 15 in Newington area here, I'm doing only 68, which is still over the posted 50 limit. There's a lancer behind me with enough pretty body work to pretend he's an evo. He's rather close and has his bulbs on even in daylight. I'm clearly not moving fast enough for him but since I'm still passing the lane to my right why should I have to slow down and change lanes just so he can pass. Well suddenly he's on his horn and swerving, cars aside him use their horn. Now hes right on my ass, repeatedly on his horn, and gesturing out the window. I notice what looks like a big chip in his window glass. I didn't get what he wanted. So I just kept going. Unfortunatly CT-15 tword the Berlin Trpk, ends at a long red and once there he got out of his car and came over. More afraid hes gonna try and key my car (I've had people walk right up and do just that) I get out with the mag flashlight in hand ready to beat him. He goes off on how a chunk of my car fell off and hit him, damaged his glass and hood, and almost caused him to crash. He gives a nice claim with with many explicives on how hes gonna sue my ass for distress and damage. Says his glass and hood alone will be like 3000 to repair. It hits me only then that OMG my fin came off! Now after causing a traffic delay with 2 stopped cars he calms down, and asks if I go to Uconn. I say no, but he just says see you around and in court buddy. And hes back in his car and off. I pull right over in the first stop and wait a few minutes before driving back off. Now I worry about being around campus, and can he sue? Even if we didn't bring the police into this? I don't want to alert the rents without reasons since they are fans of how accidents only happen to people who deserve them. What should I do? just not worry? I tried searching for the seller on ebay in hopes I could claim they liable but the seller no longer exists. Sorry for the long read blah
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#3 (permalink) |
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Minister of Discord
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Did he keep the "part of your car" that hit him?
Witnesses? If not, its his word against yours, which = nothing. (Of course, the Minister of Discord would never advocate weaseling your way out of something with a technicality, nor telling such blatant untruths...)
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#5 (permalink) |
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Senior Member
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i say he has no case to sue. its an insurance claim for his hood and glass. which chances are he wont even get the full 3k (bullshit at any hood and glass costing 3k) because he probably didnt inform his carrier that he had aftermarket parts (assuming the hood had to be aftermarket to be near 3k in damage).
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#6 (permalink) |
![]() Join Date: Feb 2006
Location: Louisville, KY
Age: 28
Posts: 25,876
Back and Forth Forever
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Did he get any of your information? Name? Insurance? Etc? Did he go back and get the fin? If not, you don't have much to worry about. He should have filed a police report, found witnesses, grabbed evidence (which he obviously didn't). So, like it was said before, it's his word against yours.
His insurance will handle the windshield for free. His hood is another story. If you feel obligated, have your insurance pay for it or pay for it yourself. If you feel he was a dumb ass for not filing a report, deny it.
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#7 (permalink) |
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Senior Member
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Its his fault for tailing you...
and besides court wont listen or even take a case in which its just one persons word against another... they will just pass it... thats what happened with my friends ticket when he took it to court, the cop that pulled him over wasnt there so it was his word against... nothing... so they jsut let him go |
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#8 (permalink) |
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Member
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You were involved in an accident. In PA you are both required to stop and exchange information: http://www.legis.state.pa.us/WU01/LI...7.043.000..HTM (Look up your state statutes and find the similiar statute for reference.)
If he wants to sue you, point out your state statute to him and tell him you will be filing a private criminal complaint against him. He left the scene of an accident, that is a crime, and that should shut him up. Talk about some road rage. Good reason to carry a gun. |
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#9 (permalink) |
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Senior Member
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The only issue it appears, is one of ethics. Basically, if you're willing to go to court and deny that you had a fin on your car and that it came off, you will most likely come out fine.
If you can't do that (I know I wouldn't be able to), threatening him with the facts (that he left the scene of the crime, that he didn't collect evidence, and that it's basically his word against yours) seems like the same outcome. Worst comes to worst, that's what you have insurance for, and your insurance will go up because you have a judgement against you. |
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#14 (permalink) |
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Senior Member
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Why are we siding with the OP? This guy shattered another driver's windshield by buying knockoff products. Would you be happy if you were driving down the freeway and piece some stupid Hybrid in front of you shatters your windshield?
Why didn't you just buy a Shark Fin from the Honda Accord for $42.18 [39150-SDA-L41ZH / http://www.collegehillshondaparts.com/ ] and install it? People like you are at fault and still looking for a way to get out of it. I hate those people. |
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#15 (permalink) |
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Senior Member
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I have to say I agree with Vsin. The guy was crazy acting because if he didn't come tailing after you, you would have gotten away, and the chances of him succeeding in a police report are even slimmer.
I'd say if he got your plates, he makes a pretty good case, especially if he has evidence. Only thing is of course, here, the minimum information you have to exchange is your name and driver's license number. |
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#18 (permalink) | |
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Senior Member
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Quote:
I've never looked at the part you mentioned or thought about it but as I said, I tried several fins from ebay to cover it up. None fit. Only the large metal one worked. The chrome dragon on my rear uses the same SM tape and its never budged. I didn't think the fin would ever either. Guess I never considered that the accord might have a part that could cover it. Gotta love the people who think they know everything, and anyone without their knowledge is worthless. And what is this part anyhow? A colored XM antenna? Why should I pay to remove th existing one just to put back on a colored one when I don't even use them. The point of the fin was to cover the unremovable knob. Last edited by GoHuskies; 10-12-2007 at 07:35 PM. |
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#19 (permalink) |
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Senior Member
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the antenna on your hybrid is for the radio reception. it isn't built into the rear window like the conventional civics. if you have a hybrid navi (which you don't) then the antenna is a little bigger and has the xm antenna built into it. so, that antenna does serves a purpose and is there for a reason and not for the xm. if you get the xm accessory then it comes with a antenna to mount on the front windsheild.
http://collegehillshonda.com/instruc...id/xmradio.pdf |
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#20 (permalink) |
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Senior Member
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I would be upset if a metal piece of junk would hit me at 68 mph. I usually get upset when crap flies off construction vehicles or trucks and scratches my paint. And why did it have to be metal anyway? As far as suing for damage and distress is that you got most of the answers already except that suing for distress involves physical damage to the person, not the car. Other words if your fin broke the windshield and took out the eye of the driver, he could sue for emotional distress. Otherwise, you could sue anybody that made you upset.
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