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Brand new IS350 rear ended, other party claim i REVERSE!

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Old 02-14-14, 03:39 AM
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finalhope
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Default Brand new IS350 rear ended, other party claim i REVERSE!

Please guys, I'm not sure if I'm on the right forums, but I just got a brand new 2014 IS350 F Sport and was rear ended by this ******* lady coming out of a ramp of a gas station while i was stopped at a stop light. I took a picture of the scene, she was honestly being a no manner b**** you know what I mean. First thing she said was its just dust nothings wrong and I'm making a big deal of out it. Then she sees that I insisted on exchanging insurance in case I find any damages which I eventually did, there was a minor crack inside the reflector lense, thank god Lexus Quality only minor damages. SHE CHANGES THE WHOLE STORY, and claims that I back up and reversed into her...... Luckily I found a witness and he's willing to tell them what he saw which is she who hit me. Wow she was so nasty and throw out words such as " you know what you did " and " I'm don't want to talk to you " . Before exchanging insurance I told her you know what I was going to honestly just let it go since it's minor damages, but she has not apologize at all. Well I'm going to end the story here, I have a lot to vent out because I've never met a b**** like her in this situation.

So we both had Triple A and they did call my witness and he told them that she hit me. Good thing that the witness works at the gas station auto shop which when the question came up " how did you see what happen? " he just answered, "they were blocking my driveway"

I'm really paranoid now since it's the holiday weekend and I won't see the result until Tuesday. Man since this women is so nasty would she actually find a random person to become a "witness" on her side. I just don't want to lose this case against her because it just sucks if she gets away with this......

Sorry for typing so much but what do you guys think?
Old 02-14-14, 03:43 AM
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pheonix72
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You should have call the police and get them to write a report.
Old 02-14-14, 03:46 AM
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finalhope
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in california the police don't come unless someone is injured
Old 02-14-14, 03:47 AM
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finalhope
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I just feel the need of getting a car cam asap to deal with these mess up people in the streets
Old 02-14-14, 03:50 AM
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Oh really? I did not know that (just moved here). Anyhow, hope it will get resolved properly. Btw, i dont think one could just present any witness. The witness had to be presented at the accident (i.e. saw or talked to by both parties). I think you will be fine as long as your witness is telling the truth and stick to it.
Old 02-14-14, 04:37 AM
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It's too bad. I also got rear-ended... twice on my 2IS, once was 1500$ damage, the other scratches on the bumper cover. People need to step up their focus when driving.

She should just pay up the minimal $ for the lens cap repair instead of going through the pain (time + costs) of the courts and remind her of the witness as well. The lens cap is $83 at Sewell (non-member price) plus labor by a local body shop might be another hundred $ or so, unless you want to try it yourself.

In the interim, here's what I'd do to diffuse the situation while you're waiting for Tuesday. Find out what the labor would be so you have the full picture of the cost. She probably is just terrified she hit a Lexus and fears the cost might be astronomical but once you present her this minimal cost, the hope is she comes to her senses and pays up.

http://is.sewellparts.com/oem-catalo...S250-2014.html

Good luck and keep us posted.

Last edited by corradoMR2; 02-14-14 at 04:40 AM.
Old 02-14-14, 04:46 AM
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finalhope
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Originally Posted by corradoMR2
It's too bad. I also got rear-ended... twice on my 2IS, once was 1500$ damage, the other scratches on the bumper cover. People need to step up their focus when driving.

She should just pay up the minimal $ for the lens cap repair instead of going through the pain (time + costs) of the courts and remind her of the witness as well. The lens cap is $83 at Sewell (non-member price) plus labor by a local body shop might be another hundred $ or so, unless you want to try it yourself. In the interim, here's what I'd do to diffuse the situation while you're waiting for Tuesday. Find out what the labor would be so you have the full picture of the cost. She probably is just terrified she hit a Lexus and fears the cost might be astronomical but once you present her this minimal cost, the hope is she comes to her senses and pays up.

http://is.sewellparts.com/oem-catalo...S250-2014.html

Good luck and keep us posted.
I was planning on telling her that up front, but everything is too late now. The insurance has gotten involve and she refused to exchange driver license and contact information with me. I could tell she was afraid her insurance would raise because she even said it on the phone with a friend or agent before making up the "reverse" part which I have a feeling someone on the phone taught her to say that. Minor damage and I understand, but again just apologize and be nice instead of spitting out all those nasty words and at the end smile at me...... But still what do you guys think would happen at the end? Can she honestly just bring up a buddy as witness and claim that he/she was there at the scene? Just want some tips from experience drivers because I'm a little paranoid about this case.
Old 02-14-14, 05:02 AM
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This is why I have a dash cam running in my car at all times.
Old 02-14-14, 05:16 AM
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corradoMR2
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Originally Posted by finalhope
I was planning on telling her that up front, but everything is too late now. The insurance has gotten involve and she refused to exchange driver license and contact information with me. I could tell she was afraid her insurance would raise because she even said it on the phone with a friend or agent before making up the "reverse" part which I have a feeling someone on the phone taught her to say that. Minor damage and I understand, but again just apologize and be nice instead of spitting out all those nasty words and at the end smile at me...... But still what do you guys think would happen at the end? Can she honestly just bring up a buddy as witness and claim that he/she was there at the scene? Just want some tips from experience drivers because I'm a little paranoid about this case.
I know you're probably feeling cheated and fighting this on principle. But think about it like this. If you parked the car in a parking lot and come back to see your car's lens cracked, you would be upset for sure, but eventually get over it. I've had a couple dings and bumper scratches that "suddenly" appeared on my cars and instead of stressing over it, I found out the cost, repaired it myself, or just lived with it. Often times, the cost is minimal and I absorbed it since my deductible would not even cover it anyway. Again, find out what the cost is in the interim and don't stress over what you don't know or can't control. Personally, this is a 200-300$ job max - is this less than your deductible? Something to consider...
Old 02-14-14, 05:23 AM
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finalhope
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Originally Posted by corradoMR2
I know you're probably feeling cheated and fighting this on principle. But think about it like this. If you parked the car in a parking lot and come back to see your car's lens cracked, you would be upset for sure, but eventually get over it. I've had a couple dings and bumper scratches that "suddenly" appeared on my cars and instead of stressing over it, I found out the cost, repaired it myself, or just lived with it. Often times, the cost is minimal and I absorbed it since my deductible would not even cover it anyway. Again, find out what the cost is in the interim and don't stress over what you don't know or can't control. Personally, this is a 200-300$ job max - is this less than your deductible? Something to consider...
I thought about what you said before going through insurance and the damage isn't actually bothering me at all, you can barely see it unless you look into it. I probably won't even do any repair. I just couldn't stand how she (the other party) is trying to do me wrong by claiming I reverse. If I lose this case, I'll never trust that the insurance can ever tell if an accident is who's fault.
Old 02-14-14, 06:36 AM
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Originally Posted by finalhope
in california the police don't come unless someone is injured
that's not true...

If you call 911 and you tell them there are no injuries then the won't dispatch the emergency unit. 9 out of 10 times they will dispatch local PD. If they don't and tell you to pound sand then hang up and call the local PD. It is their job to sort out the mess and make a police report if you request one.

common law states that if you can estimate that the damage done if less than $500 then they want you to settle it with the other party on your own. But because its hard to trust someone these days (like in your case) id call the police 100% of the time.

Good luck.
Old 02-14-14, 06:41 AM
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Does the station have security cameras? I think you will be fine and hope justice prevails.
Old 02-14-14, 06:45 AM
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Welcome to moderns society were people do not take responsibility for their own actions. Hope everything works out.
Old 02-14-14, 07:26 AM
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Originally Posted by r0shiro
that's not true...

If you call 911 and you tell them there are no injuries then the won't dispatch the emergency unit. 9 out of 10 times they will dispatch local PD. If they don't and tell you to pound sand then hang up and call the local PD. It is their job to sort out the mess and make a police report if you request one.

common law states that if you can estimate that the damage done if less than $500 then they want you to settle it with the other party on your own. But because its hard to trust someone these days (like in your case) id call the police 100% of the time.

Good luck.
With AB109, police don't have time for fender benders they are rastling child rapists and responding to home invasions... I would suggest taking a picture of the other driver's license plate first then taking photos of everything else. After that exchange info if they are willing, if not I'd consider it a hit and run, then call the cops.

OP stick it to her, there's way to many of her kind roaming the streets...you screwed up, pay up, move on.
Old 02-14-14, 07:41 AM
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I think the third generation has a black box so, if it goes that far, you could have Lexus provide evidence that your car wasn't in reverse at the time of the accident. That's something that the black box would have recorded.

It seems extreme to subpoena the Lexus black box information for such a small accident, but it sounds like she's making you want to take it as far as necessary. If I did that, I'd also sue her for any attorney's fees and costs associated with making you prove she's lying.

It also occurs to me, telling her that you're going to subpoena Lexus for the black box info on your car might convince her to drop the lie.


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