accident with XJ need advice!!!

[4x4life05]

My wife was driving back home this morning and she supposedly hit a lady. I say supposedly because one my wife was tending to our baby in the back and two the damage does not show what is being told! I want to fight this and file a counter claim on the lady for making a false statement and damages to the jeep and "psycological pain" that may come of this...after all my daughter was in the truck and she is only 2 months old.

I'll get pictures as soon as theyre done loading but do you think im right as far as damage not equallying what is being said?

Danny

 

[RTicUL8]

Just file the claim with your own insurance company.
Tell them your story.
And let them decide to go after the other person if they want to.

It will save you time, and lessen your "psycological pain."

You will never recoup your legal expenses if you try to go after the other driver.

Trust me. File with your own company, get your Jeep fixed, and then walk away...
Just walk away. :thumbup:

===

 

[IslanderOffRoad]

"psychological pain"

right....

 

[bcmaxx]

It's really difficult to argue who was in the wrong when a pedestrian is involved. Any witnesses? Did she run the lady right over or just bounce her off the fender or bumper?

 

[jeepboy381]

This does not make much sence, did the lady get hit or not? What does your wife taking care of the baby have to do with the outcome. Isn't it kind of distracting taking care of the baby in the back seat while trying to drive and pay attention to what is in front of you?

You want to sue her for the psycological pain caused to your 2 month old? That sounds like a crook to me, I doubt your 2 month old will be scared for life because of this or had any type of harm. If your wife hit someone while doing something she shouldn't have been doing while driving sounds like she was in the wrong. I can't stand when people try to sue for stupid shit just because our sytem is messed up.

 

[4x4life05]

no not for pain to my baby...but for my wife she is now very shaken and keeps saying that the baby could have been hurt and yada yada...and the only reason why i would think about taking the other lady to court is that it seems like she caused the accident and not my wife. o and it wasnt a pedestrian hit...sorry for the confusion. it was another car.

 

[4x4life05]

the lady is claiming my wife ran into her ffrom behind...but by the pictures of the after math it looks the other way around!

front bumper bent outwards!!! wait didnt my wife run into her???

damage on her car...is it just me or is the impact from front to back? but wait my wife hit her from behind???

Scratches on the inside of the prerunner bar...

no damage on outside of bar where said impact was to of occured


i know i may seem like im crazy but shouldn't the bar of bent into the jeep and not away?? and shouldn't her driver side door be smashed in if she really did run into her? i think the lady was taking advantage of the situation...she told my wife that her knee was hurting but from a prior incedent and then when the cop showed up she claimed it was from the accident!! As soon as i showed up and started asking the questions to the cop the lady took off!!! the cop also agreed that the physical damage to the cars does not equal what was said in the report!

 

[Mtb Jak]

i hate people who lie during accidents..

gfs mom got clipped infront of a cop and the guy still tried to lie!

he got a reckless driving charge!

 

[RTicUL8]

The pictures are inconclusive.

Your slant:
It looks like the other driver was on the right side of the Jeep and made a left turn in front of the Jeep - pushing the bumper OUT.

The other person's possible explanation of the pictures:
They might say that your wife ran into their door. And then in an attempt to get away, put the Jeep in reverse and pulled the bumper OUT.


To be honest with you, what I see in the picture of your bumper is some scratches on the back and paint chips missing on the front - the older paint chips with rust under them. It definitely looks like the bumper on the Jeep caused the damage to the car. But I'm just not sure HOW.

My first recommendation stands - file the claim with your insurance company and let them worry about it.

 

[TheAlmightySam]

Seriously - file with insurance and let them do the arguing. They've got all the lawyers and mediators and money, and it's their job to fight for you - or, rather, fight so they don't have to pay out.

Your insurance company will fight tooth-and-nail to keep from having to write a check.

A bit off topic, and I'm not trying to be a dick, but shouldn't your wife be driving, and not tending to a child in the back? That right there is some ammunition for the other driver - the fact that your wife was not paying attention when the wreck occurred. I still say let the insurance companies do battle.

 

[4x4life05]

A bit off topic, and I'm not trying to be a dick, but shouldn't your wife be driving, and not tending to a child in the back? That right there is some ammunition for the other driver - the fact that your wife was not paying attention when the wreck occurred. I still say let the insurance companies do battle.

that is the only part that i agree with you on...and it is true she should have been paying attention!!! but hey if that lady caused it then that is neither here nor there! :dunno:

and to respond to the reverse part...it was on the gateway next to the freeway so there was no way that she could have reversed. too much traffic going one way

 

[TheAlmightySam]

IF the lady caused the accident, then what your wife was doing was neither here nor there, but proving that the other lady caused the accident is the issue. The fact is, she claims to clearly remember the accident and your wife doesn't. Unless there's some concrete proof to the contrary, I would guess that a court would decide in favor of the other lady.

This is why leaving it to the insurance arbitrators is the best course of action. They have crash investigators and attorneys precisely for this purpose.

 

[98XJSport]

Busy freeway were there any witnesses?

 

[Darky]

Even if the other lady caused the accident, it is still your wife's responsibility to ensure she is paying attention to the road and leaves herself enough time to at try and react. Basically, the way they'd look at it is if your wife had been paying attention, she may have been able to avoid the accident.


P.S: Suing for emotional damages, especially in the case of a car accident where there was no injury is like suing someone for calling you names. That's the pansy way; get over it.

 

[OverTheHillsATTW]

Your insurance company will take care of it. Good thing you took pictures. When you get into an accident dont say anything to the other party just the cops. take pictures of where the vehicles where after the accident and such and the insurance people will do all they can. The information of your wife taking care of her child while driving should be best avoided.

 

[4x4life05]

P.S: Suing for emotional damages, especially in the case of a car accident where there was no injury is like suing someone for calling you names. That's the pansy way; get over it.

...yeah i know just thought i could use the extra cash to buy jeep parts...after all, i do still need to fix/buy new bumper... that and i was really worked up about it this morning when i posted, my bad. i am going to talk to my insurance company and let them handle it like everyone said. i just needed to vent some frustration.

but on a side note i was very happy to see how well the XJ held up!! and my wife just gained a whole bunch of confidence in the jeep too!

 

[4x4life05]

Busy freeway were there any witnesses?

nobody else pulled over...

 

[C85D4x4]

nm...

 

[IslanderOffRoad]

comparative negligence

your wife paying attention would have likely avoided the accident. I bet she gets at least 20% liability.

 

[Darky]

So, how'd this work out? Or more likely, how's it looking?