Whos at fault?

[spyce]

Ok so heres my story.

Today this afternoon I was heading home from downtown going up bow trail. I end up stopped on the bow trail hill at the sarcee trail set of lights. Im sitting there..and then the car in front of me moves up a good foot or so, so I thought I might as well move up a bit too. I drive a standard car. Right as I let off my break and begin to let the clutch out and gas it a bit I hear a thud. And I look in my rearview mirror and theres an Odyssey right behind me...great

So I get out of the car to look around and then lady driving the van comes out and starts bitching at me saying I was rolled so far back that I rolled into her car. And that she tried to honk me but she couldnt find her honk? I ask her for her information and insurance papers. She refused to give them to me. And told me I was lucky I didnt do any damage to her vehicle and went back to her van to leave. I told her she wasnt going anywhere until I get information. And she refused again and said she didnt have it.

She then calls her husband over and I guess he was on a bike on the bike bath. So he comes over and tells me I need to learn how to drive my standard car and that it shouldnt matter that Im on a hill and that I rolled into her? So I thought that was a bunch of bs since as soon as I let off the gas I hear a thud? She must have been freakin close to me for that to happen. He then whips out his camera and starts taking pictures of my bumper and my liscence plate while Im on the phone with my dad figuring out how to handle this. He tells me to get out of the way of my car so he can take pictures and that Im just stalling things. He then takes a picture of me? Tells me he'll use this as proof to the cops if I wanna 'deal' with him like that. After about 15 more minutes of arguing they agree to let me follow them to their house and get the info I want since NEITHER of them had their wallets on them.

So I get to their house and she says I can get insurance info if I want and that she'll charge me with insurane fraud cuz apparently I rolled in to her! She finally leaves cuz she has an appointment I already made her 30 min late for. So he husband deals with me. Tells me I have their plate and thats good enough. It wasnt enough and I told him I wasnt leaving till I got the info I wanted.

After its all said and done though. Theres no damage to his car. But upon inspection of my car..I have some nice mini dents in the paint of my rear bumper. Which look like to be from the front licensce plate holder the van had. My question is...who is at fault?
Ive been driving standard ever since I got my license at 16 and know my abilities well enough to rarely have even a slight roll back when starting on a hill. If as soon as I let off the brake and added gas and I hear a thud, wasnt she too close to my bumper to begin with?

It has been such a frustrating day!

[Honda_002]

Granted your standard skills are good enough I would say her fault. You are supposed to space yourself from the people in front of you for that very reason.

that my .02

[ricosuave]

go file a police report NOW

[Honda_002]

^ yeah no kidding, the way she handled the situation should give you some leverage in court if you decide to take that route. Btw when you said she didnt have her wallet and insurance papers on her, was that true or was she stalling, because thats quite the offence to drive without producing registration, liscense ect.

[AE92_TreunoSC]

in the standard test you have play to roll back 6 inches, with out failing, so imagine its writen in the books that you arent supposed to be that close to someones bumper.

thank god BMW is starting to use technology to lock the brakes up just a hair to stop rollback.

[That.Guy.S30]

i think shes at fault. your not supposed to be that close to the car ahead of you. i think your supposed to leave at least 1 meter. so even if you did roll back she was too close.

but then again i could be completly wrong lol.

[Zero102]

Should have stayed there and called the cops.
She was driving without a license, and since she was such a bitch I would make sure she gets nailed for it.
That said, I would go file a police report right away, before she does. Even if you decide not to follow up with insurance, do this and cover your ass before she goes and claims for damage to her van.

[guessboi]

her fault. but if it is just a dent, just get it pop out at DNT.

[Cruz]

The vehicle in the rear is always at fault. The charge would be 'following too close'.

Without a doubt, she was way to close to your ass.

[mucat]

You should stay at the scene until you have her information or call the cops. You should always have a camera in your car. I think you got scam now.

File your police report NOW!!!

[Dooms_Bane]

no matter what unless your had reverse lights on.....
it's her fault

[spyce]

No she did not have anything on her at the time. Thats why I had to follow her to her house to get the information.

And after reading all your response I thought the same too. She was behind me..and obviously did not leave enough room. I guess looking back I should have called the cops right then and there. But this was sorta my first time ever having to deal with something like this and all I really wanted in the end was her information which she continually refused to give me.

Im going first thing tomorrow to the police to file a report. She claims she'll put an ad in the newspaper about the incident and get she'll have her witnesses that will come forth and say I rolled back into her?

It was such a frustrating time. That..and because it was holding up the traffic on bow trail.

[Makariri]

^

Her fault by default

[BlackArcher101]

Originally posted by spyce
I guess looking back I should have called the cops right then and there. But this was sorta my first time ever having to deal with something like this and all I really wanted in the end was her information which she continually refused to give me.

It was such a frustrating time. That..and because it was holding up the traffic on bow trail.

The police wouldn't have come out since the damage wasn't great enough, and also since the vehicles were driveable.

This is a peeve of mine. People who decide to swap insurance info after a minor fender bender right in the lane where it happened. Move vehicles off the road, perhaps a parking lot... THEN exchange info.

[That.Guy.S30]

Originally posted by spyce
She claims she'll put an ad in the newspaper about the incident and get she'll have her witnesses that will come forth and say I rolled back into her?

It was such a frustrating time. That..and because it was holding up the traffic on bow trail.

haha let her try. what is she going to say, that you rolled back 4 feet? hahahaahaha

[Bushy]

should have called the cops to the scene. they may have fined her for not having her license and ins info. But you are required to leave sufficient space when stopped behind a vehicle, so id get a police report right away, get and estimate and call her insurance company and make a demand for damages. Then her company will investigate and see if they have a chance. if they know they wont win in court, they will propably pay out. Hopefully

[bluetek]

From all that you have said It really sounds like she has been through this process before. I think they are trying to scacre you into not doing anything and leaving things alone. I think the best is to file a police report and see what you can do from there. Sounds like the people you are dealing with are real jerks!! I hope everything works out and they get whats coming to them.

p.s- what kinda car were you driving?

[spyce]

Originally posted by bluetek
From all that you have said It really sounds like she has been through this process before. I think they are trying to scacre you into not doing anything and leaving things alone. I think the best is to file a police report and see what you can do from there. Sounds like the people you are dealing with are real jerks!! I hope everything works out and they get whats coming to them.

p.s- what kinda car were you driving?

an is250 and i just had the rear bumper repainted just 2 months ago so it hurts to think that i might have to bring it in to a shop again!

[mucat]

Originally posted by BlackArcher101


The police wouldn't have come out since the damage wasn't great enough, and also since the vehicles were driveable.

This is a peeve of mine. People who decide to swap insurance info after a minor fender bender right in the lane where it happened. Move vehicles off the road, perhaps a parking lot... THEN exchange info.

The cops might come because she was either drive without insurance and/or license and/or refuse to produce those information after an accident. Also, take pics before moves the cars, very important. If she just went away it is even better, it became hit-and-run.

[asuth077]

You can even write your report in advance and date it, then just sign it there when you hand it in.