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I need to vent here, I let my sister who came in from Chicago borrow my car over the weekend. This morning on my way to work I noticed the front of my car had all sorts of damage on it that was not there when I lent her my car. I spoke with her and she said she didn't know about the damage. She parked downtown Ann Arbor on Thompson street and apparently someone must have backed into the car while it was parked on the street and drove away.
I have my doubts as to if this is the real story, I think she may have ran into someone (she has hit other cars while parking) but she won't admit to the damage because she doesn't want to pay for it. I think she should be paying for it regardless if it was her fault or not. I left the car with her knowing it was her full responsibility to take car of it. I guess going out drinking downtown is an ok excuse to have my car damaged and not have her held accountable. People in Ann Arbor are notorious for having poor parking skills and she knows this. She should have left the car in a parking structure at least there they usually have cameras that may have caught what happened on video. This was not her car and if I was borrowing a friends car I would certainly help pay for damages even if I was not at fault. It's called being held accountable and doing the right thing. Has anyone ever hit your car while it was parked someone and not left a note? What did you do? What can I do?
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My Gear Photostream Murtasma.com Michigan Photographers - DPS Social Group Mur-Tas-Ma |
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While your sister didn't cause the accident (maybe yes, maybe no), the car was in her care at the time it was damaged so she should be responsible. I know how Judge Judy would rule in this case. She would say "That's why you have insurance. Use your insurance to get it repaired". She would have your sister pay the deductible though. She doesn't seem to care that your rates would probably increase. I've seen her rule like that several times.
Morally, your sister should fix the car so that you don't have to file a claim with your insurance. It was damaged while in her possession, she's responsible. Another judge may agree so you just may need to take it to small claims court, which I would do, even if it were my sister. I've had my car damaged and no note left. Nothing you can do. I was almost killed by a drunk hit and run driver one night and her license plate fell off at the scene. Even then it was difficult to get her insurance to pay and difficult to prosecute the stupid drunk as I could not identify her as the driver and there were no other witnesses. I owe the Washington State Patrol a big one as the trooper called the driver's insurance company (they were refusing to pay as I couldn't prove she was driving) on my behalf stating that he was going to testify that he believed she was driving as he found her in a bar an hour after the accident with the keys in her pocket. They finally settled. I had medical bills and my car was totaled. Good thing I didn't find her in that bar. I don't believe in violence but she left me and my girlfriend and girlfriend's son injured on the side of the road while she took off, went to a bar and started drinking more. I'm not sure what I would have done, but it would have been hard to not smack her.
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Canon 40D, Canon 400D, Canon EF 50mm f/1.8 II, Canon EF-S 10-22mm f/3.5-4.5, Canon EF 24-70 f2.8L, Canon EF 70-200 f/2.8L IS, Canon EF 100-400 f/4.5-5.6L IS, Speedlites and studio gear. flickr |
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I actually left a note when I was in high school and my parents said I was stupid for doing that. Their logic was that without any proof on my part as to what the damage was the car I hit could claim anything.
After reading the post above me, I want to add this. I hit a car parked in a parking lot, no other people were involved outside of the girl in the car with me, and I was going as fast as reverse with no gas used in a 1995 Explorer will go. And the damage was something I could have probably gotten out myself with a hammer.
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Last edited by waffles; 06-29-2009 at 05:15 PM. |
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Jeez that is a horrible situation.
One day while me and Jen were shopping we came out and someone had side swiped her car when they were pulling out of the spot next to us. We went back into the mall to see if they had any cameras facing the parking lot. They said that they didn't. So we were SOL and had to pay the deductible to get it fixed. I think that you should look up online to see if your insurance company will raise your rates if you make a claim for a hit and run. If not then your sister should have to pay the deductible. Good luck.
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~Scott W. Gonzalez Canon Elan, XTi and some lenses SWGonzalezPhoto DeviantArt flickr |
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Simple lesson learned - never lend your car out!
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Nikon D700, D300, D5000, NIKON GLASS 85mm F/1.8 D, 105mm f/2.8 Micro AF-S VR, 70-200 AF-S VR f/2.8, 28-300 AF-S VRII,10.5mm Fisheye, 24-70 AF-S f/2.8, TC-20E II AF-S, Sigma 12-24 HSM, Sigma 30mm f/1.4 HSM, Sigma 150-500 OS, 2 SB-600 Speedlights, Manfrotto 190MF3 tripod & 322RC2 ball grip head. - NJ, USA Flickr Photobucket Ok to edit and repost my shots on DPS forums |
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Man this sucks! I know that if my brother did this to my car I would demand he get it fixed. If he was in posession of it and it was damaged while he had it, it is his job to get it fixed.
Thats just what I would do. Good luck!
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Canon Rebel XSi - EFS 18-55mm f/3.5-5.6 - EFS 55-250mm f/4-5.6 ---------------------------- flickr It is OK to edit and repost any of my pictures from DPS. |
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Bingo - Don't let your sister have your car. She didn't respect it or your property and now you have a screwed up car that she won't own up to.
I too have left notes for cars I've hit (in high school too) and even left a note for someone who i saw do a hit and run, got the license plate and left the car a note. Even got a thank you phone call from them. Unfortunately, unless you want to cause a giant divide in the family (aside from the one already) I'd leave this one alone and never let her borrow anything. If you pursue it with her you'll only cause issues... no matter how right you are. ~Eric |
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AAA can't give me an answer on if my rates will increase which means they probably will. So I will have to pay this out of pocket I'm not going to have my rates increase over something I didn't do to the car. Looks like I will be taking my sister to court if she refuses to pay for the damages.
Good stuff she was just telling me Thursday how if it was her car she would already have it paid off because apparently she makes sooooo much money. I wouldn't mind a divide with my sister if she wants to make such a big deal about paying for damages done to my car while it was in her possession, there is a thing called maturity and responsibility. She will either hate me for making her pay for damages done to my car or she will eventually get over it and move on which is what a mature adult should do. If she insists on being immature I'm saving myself trouble again down the road because she won't ask me for anything in the future and I will have a fixed car. Karma is a funny thing.
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My Gear Photostream Murtasma.com Michigan Photographers - DPS Social Group Mur-Tas-Ma Last edited by Murtasma; 06-29-2009 at 07:04 PM. |
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Karma is what caused her to hit someone's car or have someone hit my car while she was in possession of it. I'm just the judge and executioner here so to speak.
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My Gear Photostream Murtasma.com Michigan Photographers - DPS Social Group Mur-Tas-Ma |
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