Well, it finally happened.

Patrick L.

Patrick L.

Well-known member
Coming home from Breakfast this AM [ its my job to get the big-*** table at the diner so friends don't have to rush to beat the others from church. I got thrown out of the Catholic church 40 years ago].
Well, I distress as usual. Anyway I'm heading home and sitting behind a car at the light. A car pulls up behind and is waiting too.
Along comes this gal and apparently decides stopping is not a good thing to do and rams the car behind me. The car behind me then is pushed into the old roadster.
The luggage rack took most of the brunt. I think I''ll have the frame horns and bumper brackets pulled in a couple hours. Since the luggage rack doesn't really belong on the car I'll leave it off, its in kinda rough shape anyway, chrome getting nasty.
I have a feeling the gal was on the phone, which is illegal in this state, but she won't admit it and it may not get looked into.
 
Patrick L. said:
............ I have a feeling the gal was on the phone, which is illegal in this state, but she won't admit it and it may not get looked into.
Click to expand...

If the police are involved they should be able to check her cell phone use which is on record with her provider. Not sure what kind of legal loop holes there may be, but you should share your concern with the investigating officer.

Thirty states have adopted distracted-driver laws that include the banning of cell-phone use for making calls or texting while driving a vehicle. Your cell-phone records may be pulled to show you were on the phone or texting at the time of the accident, which may result in you being named as the person responsible for the accident. If you are proven guilty of using a cell phone in a state with these laws, you may also receive a ticket and having to pay fines for the offense.

Read more : http://www.ehow.com/info_8625936_uses-phone-records-auto-accidents.html
 
I think legally, the car directly behind you would be considered "at fault" by the insurance company. If you have a plate number, you can (with a little searching) put in a claim - either to the insurance, or to them personally.

They, in turn, would include their damages TO you in with their damages FROM the cell-phone expert when they make their claim on her.

Not that you would or should. It sounds like you have sort of "written off" the luggage rack?

I once was back-ended by a woman who didn't see my tailgate was down and misjudged her clearance.

We exchanged papers but I told her at the time I refused to put in a claim since the truck tailgate had already been damaged through wear and tear (It was my utility truck and was 12 years old at the time of the accident.) And I could still close it so what the heck?

Over the next week I got REPEATED calls from the insurance company PLEADING with me to accept their money to replace the tailgate. Each time I refused. Finally, I conceded I would take $1 in damages - and so they could say I would not be filing further charges of physical damage to me. (you accept a payout - and you accept the terms apparently.)

Your state laws may vary - and it's too bad that automobiles don't have "disabler" circuits to disable cellphone use while driving (look to that in the future.)

We (collective "we") seem not to be able to use the good sense that our Maker gave us - so someone has to "compel" us to good sense.

Joe K
 
And thinking about this a little further: The cell-phone expert IS determined to be at fault already just by her positioning in the accident. If you are behind and have the last opportunity to react to a traffic issue, the law views you as responsible for causing that accident.

There are a few outs on this - such as the front person obviously ignoring a law and thereby putting himself in your harm's way. Like changing lanes without signals.

Should the police decide to trace her calls - it would be to determine if she is guilty of criminal neglect in addition to the car accident.

Grandfather WAS a lawyer. I don't even play one on TV.

Joe K
 
well hitting some one from behind is like getting hit making a left hand turn, your at fault, the law is pretty explicit on that, and stupidity is no is no defense, and im sorry about your car
 
I would not touch the car or do any repairs untill the insurance companies look at the damage. My car was hit at a parade and believe me I know what I am talking about !

Mike
 
Hi Patrick,

Glad also no injury.

Cell phone conversations & texting accidents are on the rise, even where same is not permitted. Often see the traffic light turn green & the person on the phone is on a different planet.

With that problem in mind, after looking at the rear ends of Model A cars, with & without trunks, & with & without rear spare tires, there is definitely a lot of unprotected thin sheet metal body parts & parts of fenders extending beyond the rear end of the stronger steel chassis which is co-located with the rear spring & cross member.

Appears it does not take a strong rear end lick to cause expensive sheet metal & rear fender damage. ...................... lots of expensive sheet metal damage can also occur if one backs up into anything in a parking lot, or one's own yard.

Furthermore, on some Model A body styles, the structural framing is all wood which is very weak mostly at the wood connections & joinery.

Also appears if rear ended on a highway, passengers in a either a rumble seat or a rear seat of a Fodor or Town Sedan, are very vulnerable to getting hurt after even a mild rear end accident.

FWIW, I often thought of providing a steel, trailer hitch type of rear bumper protruding beyond my rear unprotected 1930 Town Sedan metal trunk, so if the car were to be tapped even lightly, the trailer hitch would offer some minor protection.

I can remember (2) rear end collision accidents where the front car was left undamaged because it had a strong homemade steel trailer hitch.

It might look strange to some, but if rear ended, a love one might be protected as well as the Model A.
 
I keep the hitch in the receiver of the truck, that didn't help when that dumbass mexican sideswiped me in Miami in May on the way back home. That accident $##@!@!& me off.

Today, this little thing didn't bother me. Damage is all repaired. I'm not worried about anything. The luggage rack is not going back on, it doesn't belong on this car. We'll just see happens. This is part of the reason why I don't putter around in 'good' cars. I don't worry about this good ole Ford. A couple pulls and tugs and its good go. I'm not one to cash in on something.
 
I predict within 24 hours you will have 20 lawyers calling you and telling you haw bad your whiplash is. Half of them probably have a doctor lined up for you also.

This is exactly why a person should never pull close to the car ahead while at a stop sign or light.
 
I predict within 24 hours you will have 20 lawyers calling you and telling you haw bad your whiplash is. Half of them probably have a doctor lined up for you also.
end quote



LOL. Maybe I should buy a neck brace and a wheel chair and go on TV all bandaged up. LOL.
 
Last September in Edmonton Alberta Canada, I was in my 3/4 ton Chev Diesel when I had to stop quickly. I watched a young lady in a new Ford Explorer stop just in time behind. Then an Old Fart in a older Dodge Mini-Van rammed into the back of the Explorer, which then rammed into the back of my truck. The rear bumper, bracket, etc. took the impact and had to be replaced at a cost of $800-900. The Explorer was still driveable with a small amount of antifreeze leaking. About an half hour before I had removed the hitch receiver which I always do when I disconnect the car trailer, otherwise the Explorer would not be driveable. Both my wife and I got a mild case of wipelash. Of course, it looked like nothing happened to the Old Fart

Fortunately I was not driving the 30 Town Sedan when this happened or it would have been a lot worse. About 24 hours earlier I was actually driving the Town Sedan at the exact same location.
 
I am a retired commercial driver, won't name company. If you got rear ended, most of the time company made it a chargeable accident and it went against your safety record. When I tell people this they say WHAT. Company says you got rear ended because you were following too close and had to dynamite your brakes to keep from hitting vehicle in front of you. If you had had proper following distance you could have made a nice easy stop and the vehicle behind wouldn't have hit you. Think about it???
 
Patrick L. said:
I keep the hitch in the receiver of the truck, that didn't help when that dumbass mexican sideswiped me in Miami in May on the way back home. That accident $##@!@!& me off.

Today, this little thing didn't bother me. Damage is all repaired. I'm not worried about anything. The luggage rack is not going back on, it doesn't belong on this car. We'll just see happens. This is part of the reason why I don't putter around in 'good' cars. I don't worry about this good ole Ford. A couple pulls and tugs and its good go. I'm not one to cash in on something.
Click to expand...

Ha, ha ! Yeah, 'cashin in is for wimps, eh :eek: !
I kept that attitude tho run into twice on motorcycle...once by a little old lady in a giant '59 caddy. She ran a red light..couldn't see over the steering wheel. Second time, by a drunk illegal who had no connection to the (yep..) '60 caddy that he rear ended me at a ped crosswalk..with peds in the walk ! Didn't even flinch when the drunk hit me while stopped and made my '57 custom pickup...look like a scorpion tailed truck ! That was my work vehicle and finally made me think , about payback...nah !! Hospital time involved , but hey..got to keep the faith, eh :confused: Quit going to work and quit going to church...too dangerous, :rolleyes:
 
It wouldn't have made any difference in the outcome, but, it may in the future. I think I'll stick on a set of LEDs.
Awhile ago I got tired of soccer moms giving me the salute because they don't understand hand signals and installed a Signal Stat. Now I'm glad I did it and wish I'd done it sooner.
So maybe the LEDs will be a good change.
 
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