BMW i5 and 5-Series Forum

Post Reply
 
Thread Tools Search this Thread
      09-19-2007, 05:52 PM   #67
BrunoT
Second Lieutenant
9
Rep
242
Posts

Drives: 2012 F-150
Join Date: Aug 2005
Location: Atlanta, GA

iTrader: (0)

Quote:
Originally Posted by shpuntik View Post
Let me paint you a picture:

3:45PM: I'm walking to my car which is parked in a commuter parking lot in Brooklyn, NY. As I am walking and see my baby in the distance, I also see a car pulling into the spot next to it, stop abruptley and correct itself

3:46PM: As I get next to my car, I realize that there is 90+ lady in a red Buick trying to park next to me. I get a nervous feeling and walk around my car and to my avail I see this:







3:49PM - 4:00PM: I loose my cool and start flipping out on the old lady as she clearly effed up my month old car and has admited to it and had I not seen it she would have just walked/drove away like nothing had happend. She admited to what she had done and we agreed to call the police.

5:26PM: No sign of the police, she decides that she does not want to go through insurance and will pay me in cash when I show her the bill from a body shop. I advise her that, that may not be the best idea as the parts and repainting can cost a lot of money, she says its OK and will figure out how to pay for it. As a result, I quickly write up a contract stating that she does not want to go thru insurance, will pay me cash, noting her address, name, phone #, plate #, license #, social security #, and her Walker make/model. I also took down all of her DL info, insurance info, registration info, VIN number, basically everything.

She agrees to everything and signs it.

5:30PM: Police arrive. They advise me that I should go ahead with the cash deal because as soon as they fill out a police report, my insurance company is notified. Also they said that if she fails on her promise to make the payment, I can come down with the signed "contract" and photos to the precinct and fill out a police report.

The police officer witnessed me and her signing the "contract".


This was a complete monstrosity and so annoying, now I have to go to my dealer tomorrow to get an estimate of the damages and send her the bill for the payment. Err!!!!! :mad:


How much do you guys think it will cost her to fix this?

One more thing, I really think that they should start road testing people over 65 years old and/or take away their license to drive as they clearly can not drive!


BTW this is the culprit:




-Dmitriy
wow, so much to cover. First of all, my condolences. It sucks to have something nice screwed up like that. But I have to make a few points so you'll be better prepared next time.

1. The police will just fill out a report with what they observe. Though if she's admitting fault to them, it's fine. But they aren't arbiters of who did what. She could just say you hit her car, you know? I've read that often in private parking lots they will not even write out a report. Their report serves mostly only to establish the identity of the other driver if disputed later.

2. People who want to pay you cash on an obviously expensive repair are doing so for a reason. One might be lack of insurance. Many drivers that age might be unlicensed or uninsurable. It's not wise to agree to that. Another reason is that your own insurance company has provisions that say you MUST inform them when damage occurs or you may forfeit your right to compensation from them (like if she doesn't pay up). So you're taking some serious risk here.

3. There's a reason beat cops are beat cops, not lawyers. It may be the case in your state, but here the police notify nobody over a parking lot fender bender.

4. But even if they do, there is usually no penalty for a non-fault accident, especially if you do not file a claim with your insurer. It is listed as an incident, at most. Our E90 was hit last year and we actually collected money from our insurer already (uninsured motorist) and our rate has gone DOWN $100/year since then. The uninsured driver at fault is paying our company back in payments, but they've already fixed our car. They're concerned with your bad driving habits, not your bad luck and old ladies' bad driving. I've been hit 3 times while insured by two different huge insurance companies, and never was their any negative consequence to me from it.

4. This is a civil, not criminal matter. Enforcement of your "contract" is for a court of law, not the police dept. I'm not sure what bringing them a copy of your contract with the other driver would accomplish.

5. The officer likely just wanted to avoid having to write it all up.

6. You are also now possibly going to have a huge problem collecting from her for your other indirect costs, such as a rental car, and more importantly, any diminished value from the car being painted (if it requires it). We had pretty minimal damage and still got about $1000 worth of rental cars and diminished value from our insurer w/o even negotiating. The entire actual repair was only about $700! I doubt Miss Daisy is going to comprehend diminished value and the principles of indemnification. She's gonna pay you the actual repair bill, max. You are probably entitled to more.

7. She will likely die when she sees the bill anyway and you will not get paid. Her idea of a repair bill is fixed in time around 1967.
Appreciate 0
      09-19-2007, 05:57 PM   #68
BrunoT
Second Lieutenant
9
Rep
242
Posts

Drives: 2012 F-150
Join Date: Aug 2005
Location: Atlanta, GA

iTrader: (0)

Quote:
Originally Posted by ACZakka325i View Post
I cant bevlieve you were actually yelling at an old lady. I would probobly express my disatisfaction/frustration, but you need to fucking check yourself before you yell at an old lady man.

People make mistakes. Mabey I was just brought up differently.
True, but you need to remember that this was an old lady who also happened to have just hit his car, admitted she KNEW she did, and at least from his description was about to chose to just leave and let him deal with it.

human beings don't assume sainthood just because they managed to keep breathing past a certain age. I wouldn't have yelled at her either but let's not turn her into Mother Theresa. My experience with folks of all ages is that she would have backed out, found another spot out of obvious range, and gone about her business. I used to work where I was delivering to retail locations all day. I saw a lot of folks bump other cars from time to time. Usually they would look around to see if anyone saw it, then go park elsewhere. I haven't seen it written anywhere that this changes when you reach retirement age.
Appreciate 0
      09-20-2007, 12:05 AM   #69
ACZakka325i
Colonel
ACZakka325i's Avatar
283
Rep
2,007
Posts

Drives: 2 stroke
Join Date: Jul 2005
Location: CT

iTrader: (2)

Quote:
Originally Posted by brucec32 View Post
True, but you need to remember that this was an old lady who also happened to have just hit his car, admitted she KNEW she did, and at least from his description was about to chose to just leave and let him deal with it.

human beings don't assume sainthood just because they managed to keep breathing past a certain age. I wouldn't have yelled at her either but let's not turn her into Mother Theresa. My experience with folks of all ages is that she would have backed out, found another spot out of obvious range, and gone about her business. I used to work where I was delivering to retail locations all day. I saw a lot of folks bump other cars from time to time. Usually they would look around to see if anyone saw it, then go park elsewhere. I haven't seen it written anywhere that this changes when you reach retirement age.
I understand what your saying. But, you can yell at the person only if they tried to evade their responsibility. You cannot yell at someone who has accepted fault, and at least mildly expresses their remorse. How does it make it the situation better by belittling an elderly person. I would be pissed too, but I would try to be civil. It wasn't intentional, obviously.
__________________
(Waitlist): #1 M2CSL
(Current): 2016 F15 X5 3.5xdrive - 2010 997.2 C4S Coupe
(Past): 2016 F30 340xi M-Sport -2013 535i xdrive
2008 E92 M3 - 2006 E90 325i
2002 E46 325xi - 1991 E30 325i
Appreciate 0
      09-20-2007, 07:17 AM   #70
STE92VE
STEVIL Empire
STE92VE's Avatar
United_States
226
Rep
6,297
Posts

Drives: Fast
Join Date: May 2006
Location: Long Island, NY

iTrader: (0)

To the OP.....you're lucky she wasn't carrying. Due to the way you were ranting and raving, she might have felt threatened and put one into your head.
__________________
2007 E92 328i 6MT-Space Gray/Black Dakota/Gray Poplar w/heated seats-PCD 4/27/07 (SOLD)
2009 E90 328i xDrive 6AT-Space Gray/Oyster Dakota/Dark Burl Walnut w/ZPP,ZCW,Xenons-ED 4/17/09 - Redelivery 5/30/09 (SOLD)
2014 E84 xDrive28i 8AT-Alpine White/Black Nevada/Silver Matte w/ZMV,ZLP,494 - DD 3/14/14 (SOLD)
Appreciate 0
      09-20-2007, 09:56 AM   #71
Dmitriy@AUTOcouture
Major
Dmitriy@AUTOcouture's Avatar
222
Rep
1,133
Posts

Drives: carefully
Join Date: Dec 2006
Location: NYC

iTrader: (3)

Quote:
Originally Posted by STE92VE View Post
To the OP.....you're lucky she wasn't carrying. Due to the way you were ranting and raving, she might have felt threatened and put one into your head.
Vice versa

Dude I don't regret any of my actions, my initial reaction was what it was. Afterwards we both came to terms and we were fine (this repetition is getting annoying), but you know what? Fuck this. When you see someone scratching up your brand new car, you try keeping your fucking composure and then remember this thread.
Appreciate 0
      09-20-2007, 10:58 AM   #72
Ascension
Major
Ascension's Avatar
United_States
92
Rep
1,032
Posts

Drives: 2006 330i & 2010 535i
Join Date: Jun 2006
Location: Sunnyvale/Tracy, Ca

iTrader: (0)

Garage List
2010 BMW 535i  [0.00]
2006 330i  [0.00]
Quote:
Originally Posted by shpuntik View Post
The wheel isn't scratched at all (thank god ).... However it is not very visible on the pictures but there are little bumps all over the bumper, I guess it moved a little bit and the screws from inside are bulging thru. So it may need to be bent back into shape.. How much does a new bumper, primed/painted/installed cost?

I had my front bumper replaced and it cost a whopping $800
__________________

2006 330i Jet Black w/ Beige Leather/Sport/Prem/Step/Shades/Xenon/Logic 7
Appreciate 0
      09-20-2007, 12:57 PM   #73
Ty Vil
Captain
United_States
32
Rep
913
Posts

Drives: ///M4
Join Date: Jan 2007
Location: Scottsdale, AZ (by way of Portland, OR)

iTrader: (0)

Quote:
Originally Posted by Ascension View Post
I had my front bumper replaced and it cost a whopping $800
That seems a bit low.

TO the OP... That was EXACTLY half way between the two costs I estimated for replacement.

That bumper may be able to be fixed though for significantly less.
Appreciate 0
      09-20-2007, 01:24 PM   #74
Dmitriy@AUTOcouture
Major
Dmitriy@AUTOcouture's Avatar
222
Rep
1,133
Posts

Drives: carefully
Join Date: Dec 2006
Location: NYC

iTrader: (3)

Quote:
Originally Posted by Ty Vil View Post
That seems a bit low.

TO the OP... That was EXACTLY half way between the two costs I estimated for replacement.

That bumper may be able to be fixed though for significantly less.
Hey man, thanks for the response. I went to my BMW service shop and they have thier own body shop, which gave me an estimate of all damages. The estimate came out to exactly $1,003.86. Out of that $283 is for the bumper cover. The rest is painting and labor.

I have already sent this estimate out to the old lady so that she can send me the $$.

What do you think? BTW I have attached the estimate to this post.

Thanks,

Dmitriy
Attached Images
File Type: pdf estimate.pdf (29.0 KB, 1116 views)
Appreciate 0
      09-20-2007, 02:09 PM   #75
Ty Vil
Captain
United_States
32
Rep
913
Posts

Drives: ///M4
Join Date: Jan 2007
Location: Scottsdale, AZ (by way of Portland, OR)

iTrader: (0)

Quote:
Originally Posted by shpuntik View Post
Hey man, thanks for the response. I went to my BMW service shop and they have thier own body shop, which gave me an estimate of all damages. The estimate came out to exactly $1,003.86. Out of that $283 is for the bumper cover. The rest is painting and labor.

I have already sent this estimate out to the old lady so that she can send me the $$.

What do you think? BTW I have attached the estimate to this post.

Thanks,

Dmitriy
sent you a PM.
Appreciate 0
      09-20-2007, 02:25 PM   #76
Neil
The Designer
Neil's Avatar
5
Rep
233
Posts

Drives: Nissan
Join Date: Dec 2005
Location: CT, USA

iTrader: (0)

Quote:
Originally Posted by shpuntik View Post
Vice versa

Dude I don't regret any of my actions, my initial reaction was what it was. Afterwards we both came to terms and we were fine (this repetition is getting annoying), but you know what? Fuck this. When you see someone scratching up your brand new car, you try keeping your fucking composure and then remember this thread.
I get your point. People keep saying respect your elders and that is fine but they wouldn't be saying the same thing if a younger person hit your car even though it may have been an accident as well. They'd be bringing out the pitchforks and torches. It doesn't change the fact that she hit your car in something as simple as parking a car.

I think that older people, as it is a fact they lose not only reflexes but often judgement and strength in their older age, should be tested every year or two for driving ability mandatory. My grandfather when he was alive was a risk to other motorists, he would have slow reflexes and often doze off while driving. My grandmother can barely walk and is like 4' 9" now (she keeps shrinking) so I'd never want to see her behind the wheel either. This doesn't mean I don't respect them, it means I want to see them safe as well as people around them.

When I was in a parking lot sitting with my mother 2 older people parked next to us and hit our car not once but twice and then started to walk off like nothing happened before we tracked them down. They had no courtesy or respect towards us at all.

Good luck with the bumper, I guess on the brightside is that it will be flawless now.
__________________
Appreciate 0
      09-20-2007, 02:28 PM   #77
OC Guy
General
OC Guy's Avatar
United_States
559
Rep
18,123
Posts

Drives: AW 335D E90
Join Date: Oct 2006
Location: Irvine/Aliso Viejo, CA

iTrader: (9)

Garage List
2007 335i  [0.00]
I can keep my composure, losing your composure really doesn't help the situation. If I were her I would've pepper sprayed your ass.
__________________

Current: 2010 Alpine White 335D LCI l 19" BBS LMs l KW V2 Coilovers l BMW Performance Grilles l MSport Front/Rear l Karbonwerke Trunk l F1 Pinnacle Tint 35% Former: E92 Space Grey 335i Latest pics
Appreciate 0
      09-20-2007, 02:40 PM   #78
Dmitriy@AUTOcouture
Major
Dmitriy@AUTOcouture's Avatar
222
Rep
1,133
Posts

Drives: carefully
Join Date: Dec 2006
Location: NYC

iTrader: (3)

Quote:
Originally Posted by OC 335i View Post
I can keep my composure, losing your composure really doesn't help the situation. If I were her I would've pepper sprayed your ass.
I never said it helped nor did it hurt, it was what it was, it was my reaction to someone messing up my car. I'm glad that you can keep your calm while someone fucks up your car, kudos to you... but thats not me and I definetly should not be judged for that.
Appreciate 0
      09-20-2007, 02:42 PM   #79
Dmitriy@AUTOcouture
Major
Dmitriy@AUTOcouture's Avatar
222
Rep
1,133
Posts

Drives: carefully
Join Date: Dec 2006
Location: NYC

iTrader: (3)

Quote:
Originally Posted by Neil View Post
I get your point. People keep saying respect your elders and that is fine but they wouldn't be saying the same thing if a younger person hit your car even though it may have been an accident as well. They'd be bringing out the pitchforks and torches. It doesn't change the fact that she hit your car in something as simple as parking a car.

I think that older people, as it is a fact they lose not only reflexes but often judgement and strength in their older age, should be tested every year or two for driving ability mandatory. My grandfather when he was alive was a risk to other motorists, he would have slow reflexes and often doze off while driving. My grandmother can barely walk and is like 4' 9" now (she keeps shrinking) so I'd never want to see her behind the wheel either. This doesn't mean I don't respect them, it means I want to see them safe as well as people around them.

When I was in a parking lot sitting with my mother 2 older people parked next to us and hit our car not once but twice and then started to walk off like nothing happened before we tracked them down. They had no courtesy or respect towards us at all.

Good luck with the bumper, I guess on the brightside is that it will be flawless now.
Good to know that there is some variety to these sheep.
Appreciate 0
      09-20-2007, 02:46 PM   #80
OC Guy
General
OC Guy's Avatar
United_States
559
Rep
18,123
Posts

Drives: AW 335D E90
Join Date: Oct 2006
Location: Irvine/Aliso Viejo, CA

iTrader: (9)

Garage List
2007 335i  [0.00]
Quote:
Originally Posted by shpuntik View Post
I never said it helped nor did it hurt, it was what it was, it was my reaction to someone messing up my car. I'm glad that you can keep your calm while someone fucks up your car, kudos to you... but thats not me and I definetly should not be judged for that.
Keep in mind that on a public forum not many people know you so you will be judged for what you say. I think the reaction you are getting is because it seems you don't really feel bad about it. People react in the heat of the moment, mistakes happen. Just try to remain a bit more calm next time. Just my opinion. Carry on.
__________________

Current: 2010 Alpine White 335D LCI l 19" BBS LMs l KW V2 Coilovers l BMW Performance Grilles l MSport Front/Rear l Karbonwerke Trunk l F1 Pinnacle Tint 35% Former: E92 Space Grey 335i Latest pics
Appreciate 0
      09-21-2007, 09:48 AM   #81
derek0480
DROPPIN' LOADS
derek0480's Avatar
United_States
32
Rep
245
Posts

Drives: 2019 M5 Competition
Join Date: Apr 2007
Location: in a meeting

iTrader: (0)

Garage List
2007 335i coupe  [0.00]
$1060 for a new bumper painted and installed from BMW.


Valet hit a pole in my car - 2 months old....bastard...


If she's paying...just get new one...
Attached Images
 
__________________
Appreciate 0
      09-21-2007, 06:22 PM   #82
Kiemyster
Bimmerpost Resident Marijuana Consultant
Kiemyster's Avatar
Trinidad_and_tobago
478
Rep
3,202
Posts

Drives: 320i, 325xi, 335Xi, 335i, M3
Join Date: Nov 2006
Location: Queens/NYC

iTrader: (4)

Garage List
ahh man. sorry to hear it. its ok, the shit should work out.
__________________
"AMG What! S-Line Who? If you ain't got that M I got no respect for you!"
'06 Alpine Weiss E90 320i | '06 The Green Machine E90 325xi | '11 Alpine Weiss E90 M3 ZCP | '10 Silverstone X5M | '11 Alpine Weiss E90 335xi
Appreciate 0
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 10:07 PM.




g60
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST