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My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)

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Old 04-12-2007, 11:07 AM
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tripndesi
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Default My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)

Fellow Z members,

I purchased a 2003 Red Touring 350z two years ago and have ever since enjoyed it. I had not gotten into a wreck until I turned 30. Born and raised in Dallas, TX, I've seen some bad road rage here and unfortunately I got a taste of that at 6:30 am CST today.

It's dark and everyone has their headlights on (the ones with common sense atleast). The traffic is brisk but not slow or stopping until an exit came up. I started giving a signal well before the exit arrived. (not a procrastinator about exiting in the Z) I got in front of a truck after giving my signal and checking all mirrors. Keep in mind, this truck is a modified company construction truck. Did I mention it had a flat bed attached to it with a 1 ton bright orange Bobcat sitting right on top? The guy was unhappy with the fact I gave my signal to get into the lane (wtf?). There was PLENTY of room to scoot in and go on about the day. The Z IS compact compared to most cars in TX. He proceeded by giving a horn in which I ignored and kept on maintaining a speed of 60 mph. No problem. That is trafficc / commute life you come to experience. However, this is where the twist occured. In his company truck, (I would assume on his way to work), he gets into the left lane and attempts to pass me up. This particular piece of highway is the busiest and there was a herd of cars behind moving along, merging, speeding etc. He then passes me up and cuts me off. His truck made it but the flatbed with a 1 TON Bobcat hit me. Thus causing my car to spin with a slight fishtail and hear my driver rear wheel explode. My car is now sitting at the shop waiting for HIS insurance company adjustor. While I am sitting at home with a sore neck and this laptop heating up my crotch. I am intensely searching for advice on my350z. Yes, I did get all of his information, company name, license plate, his DL number. Being cool, calm and collective I asked him why did you purposely do that? I gave my signal, we were good and then you decided to purposely cut me off? I'm just trying to get to work just like you. He couldn't give a legit reason and he appeared to be in disbelief. During all this not once did he apologize. I've taken care of the paperwork and reported this to HIS insurance company NOT MINE.
I am now at an opportunity to get $ from his insurance company. This is where I need your help. Please let me know some good options, ideas, plans or suggestions so I can truly get my moneys worth, because this car is in great condition and I have NEVER been in a wreck in my life. And the value if I wanted to re-sell? It takes a big hit cause that is a BIG detractor.

He caused this madness and I pay the price for a drop in value of my beloved Z. BUT, a witness pulled over and he agreed with me. I have all of his contact/address information as well to make a case if necessary and even further back me up. I EVEN researched his company and they are actually reccomended by the BBB!!!!!!! Should I sue them for wreckless driving on the company truck? I've already sent a formal hello email to the PRESIDENT of this corporation threatening for ATLEAST an apology!

http://www.fortworth.bbb.org/codbrep...6030741&cons=y

It's sitting at the shop now and they mentioned 2 weeks of time with a GUESSIMATE of $5,000. I've attached a some pictures for you all to take a closr look and give thoughts.

Please help & advise fellow Z members before their adjustor comes! Body kit? New paint? I don't mind adding a little cash for that new kit or something but I need help / guidance.

Glad to be alive,

Mark
Dallas, TX.
Attached Thumbnails My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)-frontfenderclose.jpg   My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)-zbadgeclose.jpg   My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)-rearalloyrimtearclose.jpg   My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)-driverrearsideclose350z.jpg   My Z got hit by a truck w/a 1 ton bobcat on the trucks flatbed!!! (Company Owned)-rearsideclose350z.jpg  

Old 04-12-2007, 11:14 AM
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kwiker
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You should have called his company first, they would have probably offered you a nice chunk of change to keep it from going to insurance.

edit...At least a new car, and then some for "pain and suffering".

It's probably better that you did call insurance b/c you can get any medical expenses paid for even if the are 6 months down the road...as long as you don't settle till you are sure that you are fine.

Last edited by kwiker; 04-12-2007 at 11:18 AM.
Old 04-12-2007, 11:15 AM
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DROPPEDIT2WCE
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not even an apology is what really gets me, WOW what an A-hole! Glad to hear everyone is ok though.
Old 04-12-2007, 11:15 AM
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tripndesi
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Nothing has been set in stone and no work has been processed. I am eagerly waiting a response from the company. The insruance adjuster will come out and take a look but nothing has been signed off. What do you think?
Old 04-12-2007, 11:18 AM
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Blacryan
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Originally Posted by tripndesi
Nothing has been set in stone and no work has been processed. I am eagerly waiting a response from the company. The insruance adjuster will come out and take a look but nothing has been signed off. What do you think?
I was just about to say, the company may offer a nice ammount of $ to keep it off insurance. Just 1 insurance hike like that can mean huge $$ when they raise it.

I would try and talk to the manager, or fleet manager or owner of the company.
Old 04-12-2007, 11:19 AM
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tripndesi
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Default email to the President of this company

Mr. Herdman,

I am emailing you in regard to a serious incident I had today with one of your employees today April 12, 2007 on my way to work this morning. To give you a background about myself, my name is Mark and I am 30 years old, born and raised in Fort Worth, TX.

This morning while driving to work on I-35 going north. I proceeded to give a signal to exit for 121North as the exit was coming up (Approximately 1/2 mile away) Keep in mind, this was not a last minute signal or quickly speeding to get to the exit. Just a normal 50mph turn signal as most drivers would do in the morning rush hour. It was early 6:30 am and it is still dark outside. Most drivers are somewhat cautious during this time.

Upon getting in the lane to make my exit I received a honk from the car behind me. That is okay, because it is heard during rush hour traffic. I gave my signal, proceeded to work as did the driver behind me. Everything was OK and traffic was flowing. Most people know if you deal with a commute on a daily basis we all get a little upest every now and then but life goes on.

However, this is where the twist occurs. The car behind me passes me up. It's a 1-Ton 3500 Dodge Ram with a fladbed attached to it and a 1-TON Bobcat (or other machine) sitting right on top. The truck then cuts me off ON PURPOSE. The truck makes it but your flatbed and 1-ton Bobcat hits me on the DRIVERS side. When this happened I was on a bridge, lost control of my car and nearly hit the side rail while trying to avoiding 100 cars behind me in rush hour. Your driver got out, didn't even ask if I was ok, gave me your company information and then he left immediately. Can you tell me why one of your employees, your truck and your 1Ton Bobcat would jeopradize a persons life just to get some self satisfaction of cutting someone off in traffic? I would expect MORE from a company vehicle or anyone. I am emailing from home now because my neck is sore, now I have to see a DOCTOR and my car which I just got from the dealership is wrecked. Can you please give me a reason why I shouldn't report this to the BBB? Can you tell me why the value of my car is now reduced and your employee, your truck, and your bobcat is ok? Can you tell me why I should not seek a lawyer? I am willing to settle this out of court but as of now it is not looking good at all.

To valididate my claim and this email, I have an witness who (Thank God) gave me his information and address. If you would like to further validate this, I have a claim number from your insurance company. I also have your employees first and last name. Finally, I am attaching detailed pictures of the extensive body and possibly frame damage done to my car. These are the results you get when you have a wreckless driver that is driving a 1 ton truck with a 1 ton bobcat in the back.

Please let me know how you'd like to proceed because my 2003 Nissan 350z which I paid $32k for is now worth $3,200. I know for a fact, I will never get the value I should be receiving based on one of your employees wreckless if not lethal driving. And now my car will NEVER be the same.

If no resolution is made immediately, I will file this to the BBB and greatly consider contacting my lawyer to settle this once and for all.

Please review the photos attached in this email and advise. Your driver took the same pictures so you can ask him as well. These pictures are not edited.

Mark Asghar


Your Corporation's BBB Link:

http://www.fortworth.bbb.org/codbrep...030741&print=y

Your Corporation's BBB History:

BBB Membership

This company has been a member of this Better Business Bureau since March 2006. This means it supports the Bureau's services to the public and meets our membership standards.

Customer Experience
The Bureau has processed no customer complaints on this company in its three-year reporting period.
Old 04-12-2007, 11:21 AM
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Silkk
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Take the road-raging a$$hole and his Company for everything you can; i.e. decreased value of the vehicle, increased sensitivity in your neck, etc.

I'm normally not a "suing man" if something is purely accidental, but for something that is blatantly/purposely negligent like this, I'd hit him where it hurts. He had to know his trailer wasn't going to fit in if the trailer hit the entire side of your vehicle. I mean, it didn't just catch your front driver's fender, it caught the entire side of the vehicle! Not to mention he put your life in jeapordy...

EDIT: I like the email. You may get some money AND cause this fella to lose his job. Nice!

Last edited by Silkk; 04-12-2007 at 11:24 AM.
Old 04-12-2007, 11:21 AM
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Kurru
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if u got neck pains go the hospital RIGHT AWAY. **** could have u messed up for rest of ur life. buddy of mine got plowed into on highway by a company van with a lady driving it paying to much attention to her cell phone. he can't do all the labor or activities he use to be cause of the accident because of back and neck damage. go to the hospital within the first 48 hours so it's documented. best advice i can give u. i skipped out when i got rearended once. from time to time when working on cars i get sharp back pains and i'm only 22yrs old.

i'm not saying sue them for all their worth but i think u should go to hospital and prob recieve some type of money from them for the expenses / future expenses... specially if u do a labor job.
Old 04-12-2007, 11:25 AM
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I1DER
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I doubt their attorney or their insurance company's attorney will let them apologize until there is a legal ruling on it. The driver may not have said anything because all he could think about was losing his job....probably should if he can't control himself while driving a heavier rig that can't be maneuvered easily.
Old 04-12-2007, 11:25 AM
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You should have them by the *****!
Old 04-12-2007, 11:26 AM
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Kurru
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oh and it looks like the disc changer is gonanhave to wait =(
Old 04-12-2007, 11:28 AM
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HardTech
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Yes I would say hello with a lawyer. People in company vehicles can not act that way, even more so when pulling that kind of load. Heaven forbid in the contact the bobcat got lose.

Wait for the police report to show who’s at fault. Make sure they pay for the time you where off from work. Also make sure you got for your hurt neck and all that fun stuff. And get a real lawyer not one from the TV to take it a bit further.

No call for that if indeed it’s found to be his fault, and well the company should pay for it. Also don’t sign a thing until you say everything is fine. Make sure all the medical bills are in.

And I can’t stress enough, make them pay for a rental, they love to skimp on those. Don’t let them sit you in some POS Chevy Avio (seen that happen a few times).

You can sue at any time (I should know, lady sued me and never even saw a doctor till 3 weeks later, yet I was in the hospital in the first hour... guess who was really hurt?).

Make sure you insurance has a copy of the police report, just incase the company tries to come back and get money (happened to me once, CEO of a company found at fault when he ran a yield tried to file a claim 2 months later).

Feel better man, people in Dallas are crazy. Sadly I am one of them, but the Z always gets my respect

Just take from this, make them pay for every last dime you lost (including the value lost from the car due to a wreck on the record) including time from work. (Sure you may have sick days or vaca you can take and still get a paycheck, but those holidays and sickdays still are yours and would not have been used, so it is lost income.

If their insurance doesn’t comply or won’t work quick enough, file it with yours, and let the insurance vs insurance happen on its own. Your insurance will take care of you, and will make sure they get the cash from the other without you having to fight it

I’ve had 1 bad accident (totaled 1 car, almost totaled another, + sued by a lady that was never hurt…) and 1 bump and scrape accident. So ive had my fair share.

Second note, if the car is drivable they may take there sweat time. My bump ans scarpe took 4 months to fix. I had to get a lawyer to call to make them do something. All over 1k in damage that was buffed out (new paint vs 12 year old paint… guess which one won ) 1k for me
Old 04-12-2007, 11:28 AM
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Originally Posted by Kurru
if u got neck pains go the hospital RIGHT AWAY. **** could have u messed up for rest of ur life. buddy of mine got plowed into on highway by a company van with a lady driving it paying to much attention to her cell phone. he can't do all the labor or activities he use to be cause of the accident because of back and neck damage. go to the hospital within the first 48 hours so it's documented. best advice i can give u. i skipped out when i got rearended once. from time to time when working on cars i get sharp back pains and i'm only 22yrs old.

i'm not saying sue them for all their worth but i think u should go to hospital and prob recieve some type of money from them for the expenses / future expenses... specially if u do a labor job.
Good advice. My mother was involved in an accident probably about 15 years ago now. She has lived most of those 15 years with 4 bulging discs, etc. in her back and neck. They recently "fused" some vertabrates or something to attempt to relieve some of her discomfort, but she says its only better maybe 35% of the time; not to mention she risked some sort of paralysis to even have the fusing performed.

Definitely go see a Doctor or they will laugh any claims you may want or need to make on your injuries out the door.
Old 04-12-2007, 11:30 AM
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I'm not entirely certain that contacting the BBB will do anything for you since this was a transport driver problem not a company business (ie, product/sales, etc) problem. But hopefully for you it will work out for the best.

That's a pretty bad situation that the driver put his employer in, though.

Anyways, good luck with your resolution and may your injuries be healed.
Old 04-12-2007, 11:35 AM
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2005fair
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i wonder what he's telling the guys at the office

"Man this nut in a red sports car cut me off, then slammed his brakes on and by pure luck of my amazing reflexes i managed to swerve around him, then he threw a cat out of his window onto my truck and sideswiped me"
Old 04-12-2007, 11:36 AM
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Originally Posted by tripndesi
I am now at an opportunity to get $ from his insurance company. This is where I need your help. Please let me know some good options, ideas, plans or suggestions so I can truly get my moneys worth, because this car is in great condition and I have NEVER been in a wreck in my life. And the value if I wanted to re-sell? It takes a big hit cause that is a BIG detractor.
You are going to deal with a commercial carrier. Most likely the insurance representative works for the trucking company. This is completely different from regular insurance. And this faceless person is most likely located in another state. If there is the slightest doubt as to who is at fault, getting money from a commercial carrier is like getting blood from a turnip.

I recommend that you avoid the frustration, and file a claim against your insurance company.

Last edited by davidv; 04-12-2007 at 11:40 AM.
Old 04-12-2007, 11:36 AM
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Originally Posted by tripndesi
I've taken care of the paperwork and reported this to HIS insurance company NOT MINE.
.
Big mistake.

Call your insurance agent immediately. Your insurance company will assist you with all of the issues you have mentioned, and will make sure damages are collected from the OTHER insurance companmy.

bill
Old 04-12-2007, 11:43 AM
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I had a guy driving a big rig (+trailer) merge really late to the left lane w/o regard to me being right next to him. If I didn't slam my brakes, I would've been part of the jersey barrier.

He did it on purpose too because the right lane was turn only and he 'would've gone off his route.'

So I guess killing someone would be worth it.
------------

Make a clause that you get his ***** and dangle them from your rear bumper.
Old 04-12-2007, 11:49 AM
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tripndesi
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I have contacted both insurance companies. Mine and His and the President.

Nothing has been signed. The adjustor hasn't looked at the car. So this is still very fresh
Old 04-12-2007, 11:52 AM
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zeekle
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The reason he didn't say he was sorry was because of rule number one when you get in a wreck.

Even if a wreck is your fault and you know its your fault and the poor smuck you hit knows its your fault and the cop knows its your fault do not admit fault or say you are sorry.

Rule number two is to call your insurance company even if its not your fault. In some states (such as TN) you have to file paperwork proving you had insurance (again even if its not your fault).

I would assume a lot of companies like this are self insured for accidents like this. That means you have to deal with their people.

If you are hurt get a lawyer otherwise they won't mess with it because there is no money in it for them.

Also deal with your insurance company as much as possible. I was in a situation recently when a driver high on drugs tried to play chicken with me (in my lane) in a full size chevy suburban on the highway. It did a number to my car (I was ok) and after hitting me the driver also hit and almost killed a family in van. Obviously not my fault but I went through my insurance who got my car fixed up and then got me a check for all of my expenses. This didn't effect my premiums with my insurance company.

Now what I didn't get was extra money for the value my car lost being wrecked now but given the age of both our cars I don't know if you are going to be able to expect much for that anyway.

Wrecks, even the easy ones, are a pain to go through and it takes forever.


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