Krutted and Not in a Good Way
I'd echo much of what has been said. This is easily solved if the knot-head was at the dealership. Again, very likely and easily worked by law enforcement. I assume Virginia State Police took the report and probably better if they did. Having worked several jurisdictions, I can tell you that some accident report forms have a field for "years driving experience" so don't read too much into that question. If you can, keep after them to find the driver/car before someone gets hurt. Frankly, this really hit home for us (Flygrl1 is the owner and I'm the husband...lol) because Sly is also a pepper white S with black stripes.....
Last, another post indicated the possible problems for this driver/owner. As you see below, it's a felony to leave when damage is more than $1K in damage. I think you have that covered big time. Honestly, even if a DA won't take this case it will help the civil case anyway.....
Best of luck!
§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.
The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property, and report to such person or persons his name, address, driver's license number, and vehicle registration number.
Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
(Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2001, c. 808; 2002, c. 115; 2005, c. 131.)
Last, another post indicated the possible problems for this driver/owner. As you see below, it's a felony to leave when damage is more than $1K in damage. I think you have that covered big time. Honestly, even if a DA won't take this case it will help the civil case anyway.....
Best of luck!
§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.
The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property, and report to such person or persons his name, address, driver's license number, and vehicle registration number.
Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
(Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2001, c. 808; 2002, c. 115; 2005, c. 131.)
All well and good, but to play devil's advocate here Kurt's description of the event leads one to believe that the two vehicles never made contact with each other. My suspicion is that the Ferrari was already well past the MINI when the latter made contact with the barrier. Thus, from the Ferrari driver's perspective, he likely to claim shock and surprise at being accused of being "involved in the accident."
When the police interview him, I can envision him saying something like, "yeah, I saw a bunch of commotion and tire smoke happening behind me. I thought that guy had probably blown a tire and was fighting to keep control..." or words to that effect.
The fact that there is at least one independent witness is a big plus point in favor of justice being done in this case. I still predict that the instigator will claim ignorance.
When the police interview him, I can envision him saying something like, "yeah, I saw a bunch of commotion and tire smoke happening behind me. I thought that guy had probably blown a tire and was fighting to keep control..." or words to that effect.
The fact that there is at least one independent witness is a big plus point in favor of justice being done in this case. I still predict that the instigator will claim ignorance.
krut has an Independent Eye Witness that has made a recorded statement that the other driver caused him to lose control by giving krut no choice but to swerve hard to miss hitting him.
The other driver couldn't find an attorney stupid enough to take his defense. It's the other driver's word versus krut's AND the witness AND the police report is in krut's favor to boot.
Done.
Deal.
The other driver couldn't find an attorney stupid enough to take his defense. It's the other driver's word versus krut's AND the witness AND the police report is in krut's favor to boot.
Done.
Deal.
Spoke with the body shop this morning - looks like some additional damage has been uncovered (ugh..) - no estimate yet. State Farm will let me know once the estimate has been submitted to them.
krut has an Independent Eye Witness that has made a recorded statement that the other driver caused him to lose control by giving krut no choice but to swerve hard to miss hitting him.
The other driver couldn't find an attorney stupid enough to take his defense. It's the other driver's word versus krut's AND the witness AND the police report is in krut's favor to boot.
Done.
Deal.
The other driver couldn't find an attorney stupid enough to take his defense. It's the other driver's word versus krut's AND the witness AND the police report is in krut's favor to boot.
Done.
Deal.
hope the cops will push for criminal charges, as well as the civil side through the insurance companies (get comp'ed for your time...dealing with this shouldn't be free). I drove on that onramp today, saw the skid marks and the dented guard rail. Ouch is all I can say.
Personally, I'd rather have the at-fault accident on my driving record than pay out more than $10,000 from my pocket or have a uncollected debt on my credit report. But maybe he feels differently. We shall see.
I'll check in on the claim file periodically to see if anything happens.
Awwww.. you guys are so sweet to be concerned about "Oliver" the MINI (I named him Oliver after seeing Top Gear's Richard Hammond cross an African river in a 1963 Opel Kadett he named Oliver).
I received my check from State Farm for the first estimate - I thought they usually paid that directly to the body shop.
I received my check from State Farm for the first estimate - I thought they usually paid that directly to the body shop.
Last edited by Krut; Jan 18, 2008 at 05:33 AM.
if you don't have a Miles or Rewards card, get one and pay the body shop with it, then pay off the CC. Free trip to Miami, courtesy of DFOWMMTB (douchebag ferrari owner with more money than brains)
Awwww.. you guys are so sweet to be concerned about "Oliver" the MINI (I named him Oliver after seeing Top Gear's Richard Hammond cross an African river in a 1963 Opel Kadett he named Oliver).
I received my check from State Farm for the first estimate - I thought they usually paid that directly to the body shop.
I received my check from State Farm for the first estimate - I thought they usually paid that directly to the body shop.
Also, thought we located a phone number for the claimant driver but turns out the info on the internet was wrong and we reached a restaurant in Florida. We sent another letter to his address on Thursday.


