Question for Catman...

saxonyron · September 22, 2005, 06:52:01 PM

Catman, my mother-in-law had a fender bender about a month ago. It seems like it was either the other guy's fault or a no-fault. A cop came and did the usual fender bender cop thing. Or did he???

Her insurance company is charging her the deductible, so she went to the PD looking for the report and they told her there was none. (In fact, they were kind of rude and obnoxious to a 65 yr old Japanese lady who was just asking a question, but that's another story. It wasn't in your town anyway!) Doesn't an LEO have to produce a report if he responds to an accident?

Thanks!!

Catman · September 22, 2005, 07:06:23 PM

I assume this happened in MA? Usually, an officer will do a report if the damage exceeds $1000 or it might be $1500 now or there was someone injured. If it was a minor accident we'll assist in exchanging paperwork. Some officers are very conservative with their damage assesments in order to avoid paperwork. Where was this? Give me some more details.

saxonyron · September 22, 2005, 08:01:39 PM

Thanks for the info - that seems to be the case. It happened in Groton. Damage to both cars was probably $1,500, but as you say, the officer is free to estimate amounts to avoid paperwork. I can see Catman now...."OK, Mrs O'Malley - I'd say that new front clip and new engine/tranny combo should set you back about $450. Gotta go!"

saxonyron · September 22, 2005, 08:11:55 PM

BTW, thanks for moving the topic! Minor mind melt for me!

ifcar · September 23, 2005, 02:17:52 AM

Not a problem. :)

BMWDave · September 23, 2005, 07:51:49 AM

QuoteThanks for the info - that seems to be the case. It happened in Groton. Damage to both cars was probably $1,500, but as you say, the officer is free to estimate amounts to avoid paperwork. I can see Catman now...."OK, Mrs O'Malley - I'd say that new front clip and new engine/tranny combo should set you back about $450. Gotta go!"

thewizard16 · September 23, 2005, 09:11:42 AM

QuoteCatman, my mother-in-law had a fender bender about a month ago. It seems like it was either the other guy's fault or a no-fault. A cop came and did the usual fender bender cop thing. Or did he???

Her insurance company is charging her the deductible, so she went to the PD looking for the report and they told her there was none. (In fact, they were kind of rude and obnoxious to a 65 yr old Japanese lady who was just asking a question, but that's another story. It wasn't in your town anyway!) Doesn't an LEO have to produce a report if he responds to an accident?

Thanks!!

Did it happen on the highway, or on private property? My accident in Ohio was on private property (and very much not my fault, but thankfully the other driver was very nice and easy to deal with) and they don't file official reports on those, or at least the Ohio police don't. They just assist in exchanging insurance information. If it was on the road, it certainly should have a report, especially if the damage was that much.

saxonyron · September 23, 2005, 02:11:18 PM

This was on a numbered state highway. Sounds like there should have been a report, except for that nasty loophole!

Catman · September 23, 2005, 03:37:31 PM

QuoteThis was on a numbered state highway. Sounds like there should have been a report, except for that nasty loophole!

Might not matter if the officer did a report or not. What were the circumstances?

saxonyron · September 23, 2005, 09:06:17 PM

Well, a pic is worth a thousand words, but this pic sure stinks!! Mom-in-Law in Car 1. Perp in Car 3. Dude in Car 2 (uninvolved in accident) stopped to take left turn. Mom-in-Law swings right around him, continuing straight on Rt 119 East. Car 3 sees Dude in Car 2 stopped for the left turn, so he assumes all is well and takes his left. Mom-in-law in Car 1 who is continuing her straight path is cut off by and nails Car 3 since Car 3 never noticed her. Car 3 effectively cut off Car 1. Car 2 never moves thru the whole thing. Doesn't my mother-in-law have the right of way since she never left her travel lane and was continuing straight? Car 3 was taking a left across a lane of traffic into my monther-in-law's lane.

All I know is that if I was driving Car 3, I sure as heck would be looking for oncoming traffic before assuming the guy making the left was the only one on the highway. I'd feel like a complete idiot if I was hit by a 2nd driver on the road I just pulled on to. Does this make sense?? Boy, it sure is hard to describe an accident. I'm sure you see this kind of stuff all the time, Catman!

Catman · September 24, 2005, 04:53:05 AM

QuoteWell, a pic is worth a thousand words, but this pic sure stinks!! Mom-in-Law in Car 1. Perp in Car 3. Dude in Car 2 (uninvolved in accident) stopped to take left turn. Mom-in-Law swings right around him, continuing straight on Rt 119 East. Car 3 sees Dude in Car 2 stopped for the left turn, so he assumes all is well and takes his left. Mom-in-law in Car 1 who is continuing her straight path is cut off by and nails Car 3 since Car 3 never noticed her. Car 3 effectively cut off Car 1. Car 2 never moves thru the whole thing. Doesn't my mother-in-law have the right of way since she never left her travel lane and was continuing straight? Car 3 was taking a left across a lane of traffic into my monther-in-law's lane.

All I know is that if I was driving Car 3, I sure as heck would be looking for oncoming traffic before assuming the guy making the left was the only one on the highway. I'd feel like a complete idiot if I was hit by a 2nd driver on the road I just pulled on to. Does this make sense?? Boy, it sure is hard to describe an accident. I'm sure you see this kind of stuff all the time, Catman!

Car 3 is 100% at fault. Do not let the insurance company pull a fast one here.

Two statutes apply here:

Chapter 89 Section 2 - Passing on right prohibited

Exceptions: The width of the roadway must allow for two or more vehicles traveling in the same direction and either:

- The motor vehicle being passed is taking or about to take a left turn; or
- The road is restricted to one-way traffic; or
- Traffic is restricted to one direction of movement, such as a divided highway.

Chapter 89 Section 8 or Chapter 89 Section 14 - Failing to yield to oncoming traffic while turning left

A driver must yield to oncoming traffic when he is turning left at an intersection, or into a driveway, or any time that his vehicle will cross the path of other traffic.

Case closed. B)

BTW, can't see the pic as usual. I'll PM you my number, when you want to set up your Charter storage you can call me.

Catman · September 24, 2005, 05:00:10 AM

OK finally got the pic up. Car 3's turn was different than I thought, but it doesn't seem to change the violation in my opinion. She would still be permitted to pass and he still would need to yield to oncoming traffic prior to turning.

saxonyron · September 24, 2005, 10:04:45 AM

Thanks! I got all that info to my mother in law - looks like the insurance company is trying to stick her with the deductible and the surcharges. Hopefully the driver of car 3 doesn't fabricate too much of a story (that happened to me once - fortunately I had a witness who backed my story up, otherwise the insurance company would have stuck me too.) I PMed you back - can't wait to graduate past Imagestation!

Catman · September 24, 2005, 10:38:04 AM

QuoteThanks! I got all that info to my mother in law - looks like the insurance company is trying to stick her with the deductible and the surcharges. Hopefully the driver of car 3 doesn't fabricate too much of a story (that happened to me once - fortunately I had a witness who backed my story up, otherwise the insurance company would have stuck me too.) I PMed you back - can't wait to graduate past Imagestation!

Pull the police log anyway and get the the name of the responding officer. There may not be a report but there should be a log entry.