What constitutes 'an accident' ?

[Ladynred]

What is the name of your state? TN

This may sound like a weird question, but its not.

Is ANY contact between vehicles considered an accident ?
What if there is NO damage to either vehicle ?

 

[Juan Rodriguez]

According to the Florida Department of Insurance: “’Accident’ means only an unexpected or unusual event or result happening suddenly.”

Which means that any contact between two vehicles that was not an intentional act is an accident.

No damage to either vehicle would be a fortunate event for the driver who caused the accident.

 

[HomeGuru]

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[HomeGuru]

What are the specifc events that transpired.

 

[Ladynred]

Well, I admit it was my 'fault' then, but this is so minor its laughable.

I went to McD's for a bagel this AM. It was a very long and very slow line. When the guy in the shiny new black BMW ahead of me crept forward after paying, I crept forward too.. and when I stopped I barely tapped his back bumper. Its not like I CRASHED into him.. I couldn't see his back bumper and misjudged a bit.

He got his order and pulled over to the side. I had to wait for mine, but while I did I was watching him fuss over his bumper. He looked at me, I looked at him. When I got my order, I didn't speed away, I literally rolled forward, looking at him, expecting that if there was anything to it he would have said something or waved at me or something. He didn't. So, I waited a little bit longer and then moved on. My office is a block away.. he followed me into the parking lot.

I apologized for the tap and for misjudging the distance between us and he gets out of the car and says 'well, there's damage here' .. I asked 'where ?' . He squats down and points to 2 very tiny white marks (my car is white, obviously). Ok.. fine.. so the guy spends $4 for a can of turtle wax and buffs it out.. that's a big fat hairy deal ?? Well maybe to a jerk in an expensive car it is. He says ' you left the scene of an accident and I could call the cops' .. HUH ? Ok.. fine, by literal definition it was an 'accident' but the cop would leave laughing his azz off over that one. His paint wasn't cracked, the fiberglass wasnt' dinged.. just two tiny marks I had to look pretty hard to even SEE.. I could make bigger marks with the touch of a fine-point Sharpie marker !!

I suggested that a bit of wax or polishing compound would get rid of the marks.. he didn't like that.

Geez.. it was barely a TAP, a minor misjudgment, I apologized. IF there had been any REAL damage, something besides 2 faint marks, even a crack of some sort, I'd have agreed with him. I looked straight at this dude as he was checking his car in the parking lot and he never gave any indication that he wanted me to pull over too. So shoot me.. I'm such a bad person for marking his precious BMW ! Looking back, I should have taken a picture of it.. my digital camera was in my purse !

I drive a 10 yr old Pontiac.. and I've had people bump me in the same way more than once.. did I make stink about it ?? No.. there was no physical damage to either car, not even a scratch. I wonder if this guy tries to shoot the birds that have the nerve to poop on his beamer.

 

[HomeGuru]

Too funny. Sounds like a rich bitch to me.

 

[Ladynred]

That was my impression too

He wasn't a kid, but I'd say early 30's maybe. Wearing an expensive leather jacket. He said someone had once busted his taillight with a shopping cart.. so he't going to bust MY butt over a couple of tiny marks ??

If this dude spends his life stressing over crap like this...he'll have a stroke before he's 40 !

 

[HomeGuru]

Do you remember what series the BMW was? If it was a 7 then he's got some money.

 

[Ladynred]

Don't think it was a 7 series... I think it was a 3-something. The tail light configuration on a 3 is the same as his. I got a good look at them after he mentioned the shopping cart incident.

 

[HomeGuru]

Don't think it was a 7 series... I think it was a 3-something. The tail light configuration on a 3 is the same as his. I got a good look at them after he mentioned the shopping cart incident.

**A: ha, gf the 3 series are just upgraded Pintos. I got a 7 with leather interior, a sunroof and a stereo system worth more than some of the cars on the road. I'll come over this weekend and we'll take a long ride. I'll bring my car too.

 

[Ladynred]

OK Bring it over !!

Well.. I'm afraid I can't even afford the Pinto version of a BMW.. the insurance alone would be staggering.

I used to live in Greenville, SC.. next to Spartanburg where they make the BMW Z's and the SUV's. If you worked there, you got a huge break on a BMW... BMW wanted every car in the lot to be one of their own. Kinda funny to see a bubba in a BMW Z3 , but they were everywhere !

 

[HomeGuru]

Ok, back to your original question. Why is it that when a baby poops in his diaper, some people call it an accident when the kid meant to do it?

 

[Ladynred]

ROFL !! Excellent question !!

 

[HomeGuru]

Ok, back to your original question. Why is it that when a baby poops in his diaper, some people call it an accident when the kid meant to do it?

**A: I know it is a crappy question about a crappy subject, but any takers?

 

[HomeGuru]

Re: SURE

Another one that HG is completely unqualified to answer.

Negligence actions require proof of four elements: duty, breach, causation, and injury.

Oh, first, let's take care of this post above:

"According to the Florida Department of Insurance: “’Accident’ means only an unexpected or unusual event or result happening suddenly.""

That has no bearing here. That relates to the definition of "accident" in insurance policies, not in negligence actions. Just disregard.


Nearly any car-to-car contact, without intent, would be considered an accident. The question is, was it "negligent?" Even if it was, did it cause injury?

Assume that I am reading HG's ridiculous posts on my wireless Internet while driving. I slam into your car really hard. But, miraculously, NO DAMAGE to you or the car. Guess what? You have no case against me at all.

That's what your focus should be - on whether the person can prove a negligence action.

Forever dispelling the untruths spouting by shwag attorneys across the Internet, I am JUSTICE2004.

**A: it appears that Justlice is having numerous "accidents" on this website and needs some heavy duty Pampers.