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Re: Call Judge Wapner, I want do see them squirm.....


Take pictures of the scene and make sure they are GOOD ones.  Enlarge them 
to at least 5"x7" so the judge doesn't have to strain his/her eyes.  Make 
sure to have some pictures of your car at a stand still and while making 
the turns.  Draw a map of the scene.  Basically, you don't want to leave 
any questions in the judges mind.  If the police report "speaks for itself" 
you may want to contact the responding officer and see if she'll/he'll 
testify for you (as an expert witness) that it would be impossible for your 
*family wagon* to make those high speed maneuvers.

A guy ran a stop sign and I ended up being the one who took all the damage. 
 Both of our insurance companies agreed it was his fault (a lady on a 
motorcycle behind him saw everything and even had to *chase* him down and 
return him to the scene) but they wouldn't pay for complete repair.  I 
issued a summons for small claims court.  I had several independent VW 
shops give me a written appraisal of my car as well as my body shop's 
estimate to repair the damage.  I sued him for repair damages only.  
Everyone, and I mean everyone, told me I'd lose to the insurance company 
and their lawyers...wrong!  Once that they saw I was serious and had all my 
stuff together they cut me a check for the damages and we never went to 
court.

I say go and don't give in!
     Toby Erkson
     air_cooled_nut@pobox.com
     '72 VW Squareback 1.6L bored and stroked to 2.0L
     '75 Porsche 914 stock 1.8L for sale
     Portland, Oregon, USA


______________________________ Reply Separator _________________________________
Subject: Call Judge Wapner, I want do see them squirm.....
Author:  type-3-errors@umich.edu at SMTPGATE
Date:    4/20/97 4:41 AM


Well, for those of you following the drama of my bruised fender...

The insurance company had originally said that they weren't liable for the
damage to my car, but that they hadn't even seen the police report yet
(how'd they come to that conclusion, one wonders?)  Well, I faxed them my
copy of the police report, and they have now come to the conclusion that I
am 50% liable.  I was driving through a parking lot and this kid backed into
me!  What was my fault?  Being there?  Anyway, we're going to court.

The "witnesses" said that I was speeding.  Well, you all drive old
Volkswagens, I couldn't have been speeding when I had just made a left turn
and then a right turn, and I was recovering from that right turn.  I need to
prove this.  I'm thinking maybe I should get a notary public to ride with me
as I take those turns as fast as I can.  Only problem being that I'd rather
do it late at night, and how many NP's work graveyard?  Anyone have any
better ideas?

At any rate, the police report speaks for itself, and I think that merely
filing in small claims ought to provoke them into cutting my check.  Keep
those fingers crossed for me...if I don't win this cut-and-dried case, I'm
going to just go stark-raving mad and get it over with!  :)

Shannon, St. Louis, Missouri, USA
'70 Fastback (R.I.P. death by rust)
'73 Fastback (wounded)


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