Who's At Fault?

I keep picturing 2 guys sitting on a curb smokin a joint and one says to the other: Watch this guy! Watch this guy!
 
Trials said:
I keep picturing 2 guys sitting on a curb smokin a joint and one says to the other: Watch this guy! Watch this guy!
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lol.....guy runs a car wash in Wasaga Beach
and gets blazed at noon

maybe he's doing things right?
 
MLadin;2538412[B said:
]It's the height of the curb that did the damage. Look at the height of the curb as compared to the skirt on the bumper...[/B] it folded the skirt, thus cracking / scraping it. If I had a pick up truck, none of this would be an issue as I would have cleared it. Having said that, I have a hard copy picture of the curb and you can see where other cars have done the same as me, hit it... only they drove off not caring. Perhaps that explains the female thing!



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He could argue that your bumper is too low. Are there legal bumper height limits?
 
What did your insurance company say? By law you are supposed to report any and all accidents to them. They have probably seen this before.
 
Sometimes the court result is due to the attitude of the judge. If he / she has no appreciation of cars it could go one way. If they are aficionados it goes the other. Middle of the road gets a 50/50.

Anyone want to take bets?
 
I wouldn't bet on MLadin.

I would bet on the insurance company not knowing.
 
xrljoel said:
Who's at Fault?

YOU are. With all due respect.
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Don't listen to this guy. The answer is everyone but you MLadin, everyone but you.

And I'll take this opportunity to apologize for not being on site to direct you around the curb or somehow warn you of its evil placement. My error was assuming you had eyes of your own based on the fact you were in control of a vehicle. My bad.
 
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MLadin said:
Thanks. You guys are a tough crowd and in a case like this, I need to hear from a tough crowd to decide whether to hold this owner at least somewhat responsible. I find it very interesting that every female I survey say's its the business owners fault...every male I survey say it's my fault I just need to hear from you guys to see if this is worth moving forward with. The reason I back straight up is that there are exits / entrances on both sides of the business...being a rider I always want a 360 degree view or as much as I can get. That entrance beside the vacuum stall has cars zipping in quickly, so pulling out into a 90 degree could land you in a rear end with someone using that entrance. Backing up straight allows me to view both exits / entrances. It's unfortunate that it happened... I'm not a big deal person, but as I pulled up, and used the wash as I do weekly, the owner and his buddy were sitting on the track smoking a joint in the middle of the day. So instead of walking the perimeter of his business to clear obstacles, he would rather get stoned. Which I can only assume is why his service bays are permanently closed and he's operating under Chapter 11 bankruptcy protection.

Day of:

https://youtu.be/HGJgoziIxdM

Two days after:

https://youtu.be/03aUyqmQWuc

Business owners defence is there's a small scratch under the bumper:

https://youtu.be/4UyB7lcE0M4
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The curb got moved months prior to the damage occurring. Over a dozen visits later and you never noted the situation or if you did, failed to report it to the management. Are you complicit in the event?
 
fastar1 said:
Don't listen to this guy. The answer is everyone but you MLadin, everyone but you.

And I'll take this opportunity to apologize for not being on site to direct you around the curb or somehow warn you of its evil placement. My error was assuming you had eyes of your own based on the fact you were in control of a vehicle. My bad.
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Don't admit fault. He might sue you for damages too.
 
[video=youtube;4UyB7lcE0M4]https://www.youtube.com/watch?v=4UyB7lcE0M4&feature=youtu.be[/video]
It looks like to me that this bumper has hit many of things, there is damage all along the bottom edge. Time for a back up camera?
 
nobbie48 said:
The curb got moved months prior to the damage occurring. Over a dozen visits later and you never noted the situation or if you did, failed to report it to the management. Are you complicit in the event?
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Did you read any of my comments? The curb was left there unbeknownst to me. He admitted moving it in the winter of 2016 and it was still sitting there in the June of 2017.
 
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nobbie48 said:
Sometimes the court result is due to the attitude of the judge. If he / she has no appreciation of cars it could go one way. If they are aficionados it goes the other. Middle of the road gets a 50/50.

Anyone want to take bets?
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I'm hoping the judge is female...the polling I've done so far indicates women would be out for the carwash owners first born.

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meme said:
I wouldn't bet on MLadin.

I would bet on the insurance company not knowing.
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I didn't report it to the insurance company meme, $500 deductible wouldn't be worth the $780 fix. But I still can report it. It might be a better route to go. I'm thinking this small claims attorney might respond a little differently to a major insurance company's attorneys.
 
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Wingboy said:
The only time i have heard of damage like this was when a co-worker backed his car into a spot in the winter where a snowplow had pushed the concrete block a few feet past where it was supposed to be leaving the rebar sticking up.Guy punched a hole in his gas tank.Company paid for the repair.
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Exact same premise. The company paid out.

I'm starting to think I should drop the suit, collect the insurance claim and let the insurance company's lawyers fight it out.
 
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48Connor said:
Man I don't know about everyone else, but I have better sh*t to do than chase after $800 for a bumper repair for 2 years.

To be somewhat helpful, go to a salvage yard and try to find a bumper cover. I bet you could pull one off a car for $250, color matched and everything. Spend the remaining $550 on a back-up camera :lmao:
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The $800 is chump change. It's the guys attitude that's getting him sued. Some people just don't give a flying F about anything. He's one of them. When someone shows you that kind of attitude, it escalates situations that could have been handled better. What if a rider did do an endo over the curb and you were reading in the obituaries about how yet another rider was killed in Wasaga Beach? This guy shouldn't be in business. He's already half way out

OEM Aero kits for 4G eclipses are in high demand. There are none. The guys on Club 4G would give a testicle for one. My car is a rare colour as well...

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