3443 Involved in Road Rage Incident

[sportscars]

We have deminished value here is Texas. Should be able to get you a couple extra grand in your pocket.

[SWEDEMAN]

We have deminished value here is Texas. Should be able to get you a couple extra grand in your pocket.

 

 

"should be able to get you a couple grand in your pocket"

 

 

What is a "couple grand" when your cars title is marked forever when someone hits you and it is not your fault? I hate to say this but a couple grand is a vacation to most people on this board, this car is a long time part of their life, maybe forever. Do not drive it away unless you have a gaurantee that they buy it back. Texas laws are extremely vague on diminished value especially when it is a "fender bender" that that does not do structural damage or major car cosmetic damage.

Beware of what can really happen and do not wait for a "couple grand".

[Redlinetoys]

Be SURE and I mean 1000% sure that your car does not show up on the CARFAX list as damaged. Once you take your car back and it shows up you'll WILL NOT be able to do one thing about it. This is serious stuff as CARFAX gets almost 100% of every car out there that has damage and you have virtually no rights and the value of your car plumets to almost nothing!! I know as it happened to my wife Mercedes and now we drive a car that Mercedes will not take in on trade and the value is next to nothing. I would NOT accept it until I received sworn statements from the insurance company or the other driver that they'll replace your car if it has ANY CARFAX damage caution statements on it. Beware this is serious!!

 

EDITED:

 

 

 

Uh... What??? The car IS damaged.

 

I can understand someone wanting to protect themself in this situation, but what about every poor guy down the road that can't trust a Carfax report to mention damage??? This seems kind of like driving drunk and getting caught, and then using an attorney to "buy" it down to a red light ticket. Works great for the rich bastard doing it. But what about the wife and little kid that get hit head on the next time the drunk schmuck is on the road, still with a valid license (to kill)?

 

Personally, no offense, but it might have been a good idea to make a decision to stay further away from this crazy lady way earlier when it was OBVIOUS she was crazy. Secondly, I would hope that the next guy that possibly buys this car has a clear idea and disclosure of what the car has been through, and thirdly I agree that you should somehow get reimbursement for diminished value (though I doubt that will happen...)

 

Just glad no one was hurt and hope the car gets repaired as good as new.

[Redlinetoys]

PS: There is a big difference between a car reported as "damaged" which could have been anything from a parking lot door ding, or tens of thousands of dollars damage (near total)... and the other end of the spectrum being a salvage title or rebranded title (flood title, etc). If anyone is interested in the various definitions that Carfax uses, including the definition of "damage", here is a link that explains all in greater detail.

 

 

 

http://www.carfax.com/Definitions/Glossary.cfm

[SWEDEMAN]

PS: There is a big difference between a car reported as "damaged" which could have been anything from a parking lot door ding, or tens of thousands of dollars damage (near total)... and the other end of the spectrum being a salvage title or rebranded title (flood title, etc). If anyone is interested in the various definitions that Carfax uses, including the definition of "damage", here is a link that explains all in greater detail.

 

 

 

http://www.carfax.com/Definitions/Glossary.cfm

 

 

Read the very first one here. The way I read it and the experience I have had with it is this: Any repair the you have dome by an authorized body shop your car is subject to a CARFAX Report Disclosure. So if you have a fender bender and have it repaired.....CARFAX. If you have a paking lot damage,,,,,CARFAX. If you have been keyed and your car requires paint work from an insurance compny funding it....CARFAX. This equals less value for your car period. And to a classic car.................big time reduction.

[Redlinetoys]

Read the very first one here. The way I read it and the experience I have had with it is this: Any repair the you have dome by an authorized body shop your car is subject to a CARFAX Report Disclosure. So if you have a fender bender and have it repaired.....CARFAX. If you have a paking lot damage,,,,,CARFAX. If you have been keyed and your car requires paint work from an insurance compny funding it....CARFAX. This equals less value for your car period. And to a classic car.................big time reduction.

 

 

I hear you Swede and don't totally disagree. But this is not a "keying" or "parking lot" ding.

 

First of all, I am REAL sorry this happened to anybody, much less the poor Shelby automobile. However, if I, or any one of my family members or good friends was thinking about buying a car down the road, I would like to think that Carfax can be trusted to disclose damage exactly as the system should. And this is "damage". There is no disputing that. To each his own how he handles it, but I have bought and sold many cars on the internet. If I could not view the Carfax, and for the most part trust it, I would never buy another car again site unseen, much less trusting the owner himself.

 

I'll mention something else to think about. Once your name is on that VIN/Title as an owner of a vehicle, it is there FOREVER as far as traceability. Let's say someone buys the car down the road, gets into a bad accident and the air bag sensor doesn't set the air bag off. And lets say there is loss of life. Once the car is inspected and found to have had previous repairs, you think someone won't trace back to see why no "damage" was ever properly reported? Now we are talking serious liability, and potentially criminal charges, and no longer the very slight diminished value of a properly repaired classic automobile. Not even close to being worth it in my opinion.

 

Swede, your point is taken and no offense taken either. Just some thoughts from someone who buys and sells all the time and would like to trust both the system and people involved with it, as much as possible.

 

Happy Motoring and looking forward to seeing photos of this car repaired "good as new"!!

[TheKurgan]

I'm sure you've done this but have you told your insurance company ? I'd hand it over to them and let them get the money out of her insurance company...that's their freakin job unless they WANT to pay for it.

[SWEDEMAN]

I hear you Swede and don't totally disagree. But this is not a "keying" or "parking lot" ding.

 

First of all, I am REAL sorry this happened to anybody, much less the poor Shelby automobile. However, if I, or any one of my family members or good friends was thinking about buying a car down the road, I would like to think that Carfax can be trusted to disclose damage exactly as the system should. And this is "damage". There is no disputing that. To each his own how he handles it, but I have bought and sold many cars on the internet. If I could not view the Carfax, and for the most part trust it, I would never buy another car again site unseen, much less trusting the owner himself.

 

I'll mention something else to think about. Once your name is on that VIN/Title as an owner of a vehicle, it is there FOREVER as far as traceability. Let's say someone buys the car down the road, gets into a bad accident and the air bag sensor doesn't set the air bag off. And lets say there is loss of life. Once the car is inspected and found to have had previous repairs, you think someone won't trace back to see why no "damage" was ever properly reported? Now we are talking serious liability, and potentially criminal charges, and no longer the very slight diminished value of a properly repaired classic automobile. Not even close to being worth it in my opinion.

 

Swede, your point is taken and no offense taken either. Just some thoughts from someone who buys and sells all the time and would like to trust both the system and people involved with it, as much as possible.

 

Happy Motoring and looking forward to seeing photos of this car repaired "good as new"!!

 

 

Redlinetoys - you either own a body shop, are a partner in a body shop, work in a body shop or are a car dealer or are both, which is it? Anyway... no offense taken, did you really think that was offensive? Ha. I too agree that I would not buy any used car without a CARFAX, it is just too risky with the car prices these days. I also agree that the car could "look" like new again BUT it is not to the experienced buyer or investor, you know it and so do I. So why act like it won't matter if his car was wrecked and CARFAX'd when you know darn well it will? The best thing to do, in my opinion, is to never ever pick the car up from being repaired. They'll pay you, you just have to be firm. But do what you want it is your life and your car, but believe me you'll be sorry one day...... mark my words.

 

EDITED:

[Redlinetoys]

Nope, I am not a dealer at all, just an enthusiast. I'll give you a few examples though...

 

I sold a 9K mile ZR1 Corvette on ebay this year and it had a perfect unblemished 1 owner Carfax and 100% factory original paint. Advertised that way and supported by Carfax. Person bought it from 6 states away sight unseen. Traveled here and was thrilled to see I was being honest. 100% happy.

 

I sold our 2 owner 2000 high-top conversion van on ebay with the same specs. It was purchased by a guy 9 hours away sight unseen and he was thrilled to see the vehicle was exactly as expected. No surprises. No wrecks. No mishaps. Clean Carfax. 100% original paint.

 

We bought my son's 94 Mustang GT sight unseen from 5hours away in Detroit. NO Carfax accidents listed on ebay and picked up the car with a smile noting that it had 100% factory original paint on it, original Ford stickers on the painted bumpers, etc.

 

On the other hand, I bought my other son's 2000 Beetle the same way from two states away. I was pissed when I picked it up because it had a clean carfax, and though it had perfect factory paint on the bulk of the car, both the front and rear bumpers looked as if they had been painted in someones backyard and were very noticeable in person (off color, dirt, peeling paint, etc).

 

Later, we purchased a nice 2001 Dark Green PT Cruiser Limited sight unseen from 6 hours away. No Carfax incidents reported, but when picked up it was obvious to me that 100% of the car had been REPAINTED, and one of the doors had some very minor chipping that was RED underneath. The paint was done very, very well, but was not original. I only paid $3000 for this vehicle and it was a nice one so no problems. If I had paid $25000 for a vehicle and found the same thing, I would have refused purchase at pickup.

 

I could go on and on, but will just leave it at that.

 

Regarding CRAZY DAVE'S original question regarding contacting a lawyer about the lost value... Of note are several things. One, he is reporting an un-insured motorist, so his claim is going to his OWN insurance company (apparently). While the various state laws DO allow for diminished value recovery in some cases, Texas in particular does NOT according to the info below. Do a google search on "Diminished Value" and you will find all kinds of information straight from the various states and or insurance agencies. Read the following article for some particulars:

 

 

 

State Farm spokesperson Kip Diggs says that, in most states, first-party claims (meaning you crashed your car) for diminished value are not recoverable.

 

But what if someone else crashes into you (a third-party claim)? Shouldn’t they, and their insurance company, be responsible for reimbursing you for your car’s drop in value?

 

"Third-party claims may be payable on a case-by-case basis under liability coverages. That’s based on state law and is not a part of the insurance contract. As is the case for any other third-party claim, State Farm may require proof of the alleged loss of market value," Diggs says.

 

A third-party claim against someone else is your best shot at getting diminished value paid – but not in all states.

 

According to Diggs, "In the past decade, a number of courts have squarely addressed the issue of diminished value claims under comprehensive and collision auto insurance coverages.”

 

The majority of these courts have ruled that comprehensive and collision coverage limit liability to payments for proper repairs and do not provide for payments for losses in value, he says. State supreme courts that have set this precedent include those in Delaware, Indiana, Florida, Maine, Massachusetts, South Carolina, South Dakota and Texas. A few appellate courts have made similar rulings, including those in Illinois, Louisiana, Missouri, Pennsylvania, Tennessee and Wisconsin.

[SWEDEMAN]

Redlinetoys - I know your a good guy, that is obvious by your car caring posts. I also know your a car lover like myself and that is obvious too. The only point I was making is that I got burned hard and fast with CARFAX's title reporting system for a fender bender that cost pennies compared to the value I lost in the thousands. Now would I agree that a CARFAX is a good thing...............yes. Would I ever buy a car without one........yes, but the deal would have to be incredible like your PT Cruiser story. So crazy dave's story is not unlike others who have been in minor collisions only to have the value of the car toasted by a over zealous CARFAX. So I hope that helps with my post at least.

Im out.

 

Swede

[Naa-V-Doc]

Tell, do not ask, your ins. company go after this Wack-O's home owners policy on the de-valve of the Shelby. Find fair market values in your area for like-kind milege etc on the Shelby's, then, have a Ford dealer give you a trade-in value with full knowledge of the accident. Note the diff. and give it to your ins. company to get it from the Wack-O's Home owner's policy... Do go to court and see if you can speak at the end of the trial (if there is one - May plea-out) and give your 2cents worth..

 

Bottom-line, your son and you are OK...

[Paleoc]

It all started with a lady in a Volvo SUV tailgateing me (less than half a car length) while I was going 60 in the passing lane of a crowded highway.

 

I tried to get her to back off (hand gestures, not middle finger) with no response, then by slowing down with no response. The right lane was clogged so I couldn't change lanes. But finally when the right lane became available, she veered right and tried to shoot the gap (but there was no gap) so she decided she would take the right shoulder and pass me and everybody that way. She passed about six cars that way and probably was going at least 80 mph.

 

She was really making a fool of herself, dust was flying, people were honking. She flipped the bird to everybody when she re-entered the highway. Then she got in the passing lane again about a football fields length in front of me and went down the road. I figured that was the end of that, see you later crazy lady.

 

On down the road about a mile there was a red light at a major intersection. She was in the right lane, I was catching up to where she was in the left lane.

She saw me coming and switched to the left lane to get in front of me. I thought, OK, then I'll go to the right lane (to stay away from her).

 

She continued down and stopped at the red light. I was three cars back from the light still in the right lane. When the light turned green, she waited for me to get beside her and then she tried to bully me by turning into my lane (as if to hit me) then she decided to make a full right turn (from the left lane).

 

We went metal to metal at that point. My left front fender kissed her Volvo in her back rear door. She then fled the scene because my cars front wheel was too damaged for me to chase her. Something bent and my front wheels were cross-eyed.

 

I was able to pull over safely, my little boy was with me. We got her license number, called police, a kind witness showed up to tell his story to police when they got there three hours later.

 

Cops found lady up the road, charged her with Deadly Conduct initially. But after I talked with a detective who also talked with the witness, she was charged with Aggravated Assault. A felony.

 

It has been over two weeks. Lady's insurance company is still investigating but says if she did this intentionally, they will not cover any damages to either car.

I will have to use my uninsured motorist coverage to pay for my damage. Estimate is about $1500. New tire and wheel, replace fender and Shelby GT stripe, replace bent suspension parts and also fix a scuff mark on my plastic front facia.

 

 

 

I had no idea my ex-wife is in Texas now.

[Redlinetoys]

Redlinetoys - I know your a good guy, that is obvious by your car caring posts. I also know your a car lover like myself and that is obvious too. The only point I was making is that I got burned hard and fast with CARFAX's title reporting system for a fender bender that cost pennies compared to the value I lost in the thousands. Now would I agree that a CARFAX is a good thing...............yes. Would I ever buy a car without one........yes, but the deal would have to be incredible like your PT Cruiser story. So crazy dave's story is not unlike others who have been in minor collisions only to have the value of the car toasted by a over zealous CARFAX. So I hope that helps with my post at least.Im out.Swede

 

 

--Likewise Swedeman! All in good discussion!

 

--Paleoc, that was the greatest comment on this thread!

 

--Any updates on the repair of the Shelby?

[crazydave]

--Any updates on the repair of the Shelby?

 

 

I got my car back last Tuesday, the extra wait was because of the side stripe replacement.

Ford dealer did a very nice job (I'm happy), but I am still waiting for the Rager's Ins Co. to get

off it's hands and settle the claim.

 

Getting back in the Shelby after a month of driving my Honda Civic was like getting off a hobby horse and jumping up

on to a real horse. It's good to be back in the saddle.

[Redlinetoys]

SUPER to hear that the repair went well!!!

[RACERX009]

It all started with a lady in a Volvo SUV tailgateing me (less than half a car length) while I was going 60 in the passing lane of a crowded highway.

 

I tried to get her to back off (hand gestures, not middle finger) with no response, then by slowing down with no response. The right lane was clogged so I couldn't change lanes. But finally when the right lane became available, she veered right and tried to shoot the gap (but there was no gap) so she decided she would take the right shoulder and pass me and everybody that way. She passed about six cars that way and probably was going at least 80 mph.

 

She was really making a fool of herself, dust was flying, people were honking. She flipped the bird to everybody when she re-entered the highway. Then she got in the passing lane again about a football fields length in front of me and went down the road. I figured that was the end of that, see you later crazy lady.

 

On down the road about a mile there was a red light at a major intersection. She was in the right lane, I was catching up to where she was in the left lane.

She saw me coming and switched to the left lane to get in front of me. I thought, OK, then I'll go to the right lane (to stay away from her).

 

She continued down and stopped at the red light. I was three cars back from the light still in the right lane. When the light turned green, she waited for me to get beside her and then she tried to bully me by turning into my lane (as if to hit me) then she decided to make a full right turn (from the left lane).

 

We went metal to metal at that point. My left front fender kissed her Volvo in her back rear door. She then fled the scene because my cars front wheel was too damaged for me to chase her. Something bent and my front wheels were cross-eyed.

 

I was able to pull over safely, my little boy was with me. We got her license number, called police, a kind witness showed up to tell his story to police when they got there three hours later.

 

Cops found lady up the road, charged her with Deadly Conduct initially. But after I talked with a detective who also talked with the witness, she was charged with Aggravated Assault. A felony.

 

It has been over two weeks. Lady's insurance company is still investigating but says if she did this intentionally, they will not cover any damages to either car.

I will have to use my uninsured motorist coverage to pay for my damage. Estimate is about $1500. New tire and wheel, replace fender and Shelby GT stripe, replace bent suspension parts and also fix a scuff mark on my plastic front facia.

 

Sorry to hear this and if their is a court case make sure you their to ask for restiution for damages if not sue her and put lean on her house if she has one.

[RACERX009]

This may make some lady's on here disagree but from the last 10yrs of driving it seem's the ladys are the most agressive out there. They are fearless behind the wheel and think nothing of breaking the law or cutting someone off then give them the finger. Then when they get caught they think by flirting or crying will get them off. But that's not working for them because the cops are getting tired of that crap. Very rare of me to let a female driver off, I use to drive my unmarked police car by school or major roadways to see what would happen driving the 2mphs over the speed limit. I didn't have tinted windows so sitting low in the car so they can't see my uniform and 9 out 0f 10. It was a female driver that got tagged even driving by a school zone this lady starts ride my bumper and slamming her horn right in front of the school. I got her for the horn thats 2pts in NY and speeding in a school zone 3mphs over 5pts she told the judge she was late dropping her kid off. Sometimes the women will say what you gay my answer is worse DIVORCED !!!!!

[Robert Sattur]

Hey, your not alone. This happened to me the I brought it home from the dealer. It was a real bummer but I made out pretty good with insurance so I was able to make some upgrades that I would not have able to.

[08SGT1977]

unbelievable - hope things all work out well for you and your car

[RACERX009]

Hey, your not alone. This happened to me the I brought it home from the dealer. It was a real bummer but I made out pretty good with insurance so I was able to make some upgrades that I would not have able to.

 

 

You have the same luck as me coming home from the car dealer with my new Jetta this lady rearends me. Me were coming over a hill on the way down she was on my butt when, I stopped she lock up and slide into my rear my bumper went into her grille cause of her hard braking the nose dipped. She told me I have to pay her its my fault because of me stopping to quickly. I said are sure lady she said 100%. I said ok here's my info and my ID she looks at my ID and says your a cop why yes are still sure its my fault. She cut me a check for 500.00. Thats my fee I hate tailgating one guy was all over me on a side street and on staten island nobodys stops at stop signs. Well, I do he hit me he didn'tg even want to get out he told me it was my fault cause of me stopping for the stop sign. I charged 500.00 for the 2 dimples in my BMW bumper. If it was an true accident then there is no charge !!!