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08-04-2003, 08:56 PM
| | | | fender bender with no witnesses What is the name of your state? ontario, canada
Hi all,
Just wondering if I am getting ripped off or not.
I'm canadian, so I'm not sure at all if this will be familair to anyone here, but here goes:
Today I was backing my SUV into a street parking spot when out of nowhere a rusty little Tercel decided to head nose first into the same spot. I couldn't stop in time (he really surprised me) and I heard a small 'bump', so small my wife didn't even know we made contact.
I got out, and the fellow started screaming at me saying I caused his front passenger fender to crumple (it was banged up pretty seriously). I notcied no scratches on my bumper and a small scratch on the rubber part of his bumper far from the fender, but he insisted I caused the major damage (I am pretty sceptical of this). Anyway, he's from Maryland, I am from Ontario. This happened in Ottawa, Canada where I live. I didn't have my wallet handy so i gave him my business card and told him to call me with an estimate and we left mutually.
I am now bracing myself for a huge estimate, which I feel is for damage I didn't cause. There were no accident witnesses save my wife in my car and his wife and kids in his. No one else on his side said anything. Can he ask me to pay for any damages he's accusing me of without any witnesses or police report? Also, as an american in canada will he have any legal leg to stand on?
Thanks!
John | 
08-04-2003, 09:10 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,192
| | | My response:
Why is it that Canadians can't read?
This is in RED words at the top of each page - -
"**** U.S. LAW ONLY - PLEASE INCLUDE YOUR STATE BECAUSE LAWS VARY FROM STATE TO STATE. ****"
Why do YOU think that the post asked you for your "State name? Does "Ontario, Canada" sound like a "State" to you?
Besides, even if we knew Canadian law, I wouldn't help you anyway. And why should I? Did YOUR country help us in Iraq?
No.
So, there's your answer.
IAAL | 
08-04-2003, 09:34 PM
| | | *ahem*
Excuse me for invading your pleasant little corner of the web. I read the disclaimer, and the reason why I posted was because it dealt with an american (well, amercian plates anyways) abroad, so maybe there might be experience on these boards with that. I was asking whether someone from the states could lodge a complaint against an alleged incident in Canada in the said situation.
I'm sincerely sorry for what happened between our countries over the Iraq war, and I am sorry it has strained a traditionally sound and co-operative relationship between our two great nations, but to write off anything I post (or any other Canadians based on Iraq) shows poor judgement and frankly immature thinking. You assuming I'm a jerk for not supporting the US based on my government's actions is like me assuming all americans are pervs because Clinton got a BJ and lied abiut it. Sounds stupid? Take a look at your post above.
Just FYI I lived in Chicago for 15 years, and am married to an American. My in laws live in Arlington Heights, IL, my kids have dual citizenship and my brother and his family resides in Willaimsburg, NY and was a volunteer physician in NYC after 9/11.
Thanks for nothing... 
Last edited by JohnnyZ; 08-04-2003 at 09:41 PM.
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08-05-2003, 01:44 AM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,192
| | Quote: Originally posted by JohnnyZ *ahem*
Excuse me for invading your pleasant little corner of the web. I read the disclaimer, and the reason why I posted was because it dealt with an american (well, amercian plates anyways) abroad, so maybe there might be experience on these boards with that. I was asking whether someone from the states could lodge a complaint against an alleged incident in Canada in the said situation.
I'm sincerely sorry for what happened between our countries over the Iraq war, and I am sorry it has strained a traditionally sound and co-operative relationship between our two great nations, but to write off anything I post (or any other Canadians based on Iraq) shows poor judgement and frankly immature thinking. You assuming I'm a jerk for not supporting the US based on my government's actions is like me assuming all americans are pervs because Clinton got a BJ and lied abiut it. Sounds stupid? Take a look at your post above.
Just FYI I lived in Chicago for 15 years, and am married to an American. My in laws live in Arlington Heights, IL, my kids have dual citizenship and my brother and his family resides in Willaimsburg, NY and was a volunteer physician in NYC after 9/11.
Thanks for nothing... |
My response:
Here's what you asked - -
"Can he ask me to pay for any damages he's accusing me of without any witnesses or police report? Also, as an American in Canada will he have any legal leg to stand on?"
Sounds like you asked something about Canadian law to me!
Then you said - -
"like me assuming all americans are pervs because Clinton got a BJ and lied abiut it."
Tell me - - what was "perverted" about President Clinton's actions? First, that's dated material. Second, Ms. Lewinsky was an adult at the time. Third, President Clinton didn't do anything that you don't already do with your own wife, and vice-versa.
So, what the hell are you talking about?
Also, you said - -
"our two great nations"
Excuse me, but what is "great" about Canada? When was the last time they invented anything of global importance? When was the last time they won a war? When was the last time they had thermonuclear intercontinental ballistic missiles? When was the last time Canada invented Stealth aircraft? When was the last time Canada sent a man to the moon, and back to Earth?
I mean, really. Let's not over-tout Canada. In it's most basic form, Canada is nothing but frozen tundra, with some bears and a few cities sprinkled around. When was the last time Canada was targeted by Russians or Chinese? In other words, there's NOTHING Canada has that's important to the rest of the world, and there's nothing "great" about it.
So, please - - know what you're saying when you're asking about law, and learn that Canada really isn't all that "great". And, most of all, learn to read instructions in RED words before you post on an American Internet site. U.S. LAW ONLY.
IAAL | 
08-05-2003, 06:25 AM
| | | | ????? Sorry but I just HAVE to jump in on this...
'WAR in IRAQ'?? Are you a monoloid or something? Do you REALLY believe that?
WE INVADED A SMALLER COUNTRY BASED ON LIES TO OVERTHROW IT'S GOVT, AND NOW WE ARE THE OCCUPYING POWER AND THEY HATE US. PERIOD.
Fool, I bet you are stupid enough to also believe that "They are fighting for OUR freedom" "There is a coalition of many countries" "There are only loyalists attacking our troops" "Al Queda actually exists"
and all the other FUKCING LIES that revolve around this invasion.
All the sensible countries of the world saw thru the lies and did not participate. Now your little pee-pee has been stepped on and you are throwing a fit.
One question:
What has Bush done for this country since he took office?
The economy? Please don't mention that 'tax cut' for the rich.
The environment?
Foreign policy?
The workforce/jobs?
National security?
Education?
NOTHING YOU FREAKING DIP$****, SO CAN THAT "YOU DID NOT HELP US IN IRAQ NOW WE HATE YOU" CRAP.
I use to look forward to your responses, but I have no respect whatsoever for you now, not that you care.
Judging by the amount of posts and time you spend here, it's obvious you are a LARD-A$$, fat shut-in that sits around watching FOX NEWS all day and cheering "YAY KILL THE TERR'RIST BEFORE THEY KILL OUR KITTENS AND STEAL OUR APPLE PIE AND AND GO BUSH AND I HATE FRENCH FRIES AND HURR HURR I PEED ON MYSELF" | 
08-05-2003, 08:39 PM
| | Senior Member | | Join Date: Aug 2002 Location: Washington
Posts: 3,486
| | Quote: Originally posted by JohnnyZ *ahem*
Excuse me for invading your pleasant little corner of the web. I read the disclaimer, and the reason why I posted was because it dealt with an american (well, amercian plates anyways) abroad, so maybe there might be experience on these boards with that. I was asking whether someone from the states could lodge a complaint against an alleged incident in Canada in the said situation. |
In the US, his insurance co would file a claim with your ins co & they'd settle it. Now, my experience with ICBC is that a Canadian insurance co will drag its heels and lowball an American claimant because they know the American is not going to travel back to Canada just to sue a Canadian driver in small claims court.
He may not bother contacting you again. If he does, refer the matter to your ins co, along with a vehement denial that your car crumpled his bumper. Point out the different heights between the panel & the scratches on your bumper, the fresh-looking scratches on his bumper, the minimal force of the contact. Also, ask an RCMP officer who had dibs on the parking space. If you had right of way, he can't blame you anyway.
__________________
This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
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08-06-2003, 10:09 PM
| | | | Thanks so much for the reply abezon! I checked everything out with a friend who is a police officer and he basically told me the same thing today, so I am much relieved. Incidentally i got a fax from him today with an estimate for $520, with a mailing address only and no phone number or name. Strange. I will likely wait a bit for him to call me by telephone (why should I go out of my way for this scumbag) before I tell him to go through my insurance company.
Lars, I didn't mean to start a flame war over this query, so I hope IAAL will just let this go. Again, I apologize for disturbing everyone here. My old professor used to always say that the only stupid question is the one you don't ask, I guess he was wrong.
JZ | 
08-06-2003, 10:13 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,192
| | | [quote]Originally posted by JohnnyZ
My old professor used to always say that the only stupid question is the one you don't ask, I guess he was wrong.
JZ
==================================
My response:
And, the only stupid instruction is the one you don't read or fail to follow. Then you fail the test or the course.
IAAL | 
08-07-2003, 09:52 AM
| | | | IAAL, What you say reflects on the kind of person you are. | 
08-07-2003, 10:50 AM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,192
| | | [quote]Originally posted by JohnnyZ
"IAAL, What you say reflects on the kind of person you are."
===================================
My response:
Yes, it does. Just like yourself, especially when you say stupid Canadian things like, "(why should I go out of my way for this scumbag) before I tell him to go through my insurance company."
Canadians rarely take responsibility for the things they do, right Pal?
You see, you've already shown your "mind-set" to not be responsible and to help the American YOU damaged. This is typical behavior for Canadians. So, I was right not to help YOU.
IAAL
Last edited by I AM ALWAYS LIABLE; 08-07-2003 at 10:52 AM.
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08-07-2003, 03:34 PM
| | Senior Member | | Join Date: Aug 2002 Location: Washington
Posts: 3,486
| | | JohnnyZ, you didn't answer my question about what the RCMP said regarding who had right of way for that parking space. Don't stoop to his level. If you had right-of-way, fax him back & tell him. If not, fax him back & tell him you don't think you caused the fender damage and won't pay for it.
At the risk of continuing this stupid flame war . . . .
IAAL: What's up with you lately? Two years ago, you answered questions fairly politely and occasionally snapped at people who really deserved it. Now it seems like you jump on any excuse to flame the unwary, and here you're flaming an entire country. *My* country, by the way. If you read the original post, you'll see that the poster doesn't think he caused the fender damage. Why then, is he being "irresponsible" for not paying for it? Even if he did cause the damages, how is not paying for damages one causes a Canadian trait? Americans do this pretty regularly too, I believe.
__________________
This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
| 
08-07-2003, 03:34 PM
| | | | Don't pay any attention to Mr. LIABLE. He's not a good representative of America.
By the way IAAL, didn't you mention in a post some time ago about how you used to protest the war in Vietnam? Could that have been because you were of draft age during that war? Now that you're too old to fight you're all for a war. There's a name for people like you, it's "chickenhawk". | 
08-07-2003, 04:33 PM
| | | | abezon: i did go tot he police today and filed an official report. I had right of way. They listed it as "failure to remain at the scene of the crime" as the other guy bolted before i had a chance to get any info on him. They also located him based on his fax and got a statement from him. Sounds like they had as rough a time communicating with him as I did. I then came home and spoke to my insurance broker who advised me not to contactthe insurance company and instead fax this fellow a letter telling him to just go through his insurance company to fix the car since its too high to pay out of pocket (they consider anything above $200 too high). She also mentioned that it sounds like the car was a heap (duct tape to hold up the mirror, and other assorted dents and rust) and he's likely not to have comprehensive coverage and he's just trying to get me to pay for anything he can. If he decides to go through his insurance they will call me, find out he failed to remain at the scene as well as not give me his info and refuse him.
IAAL: I've had enough of you, I give in. You are the better, more righteous human being and I am humbled by your wisdom. You are a great man
...for me to poop on.... :P
Last edited by JohnnyZ; 08-07-2003 at 09:42 PM.
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