Death In The Family - '62 Pontiac aftermath

From what I see, the old mans truck must have been totalled. Just glad your girl wasn't hurt. Even cops are just doing a job and it looks like the decision was made simply by point of impact. Had the hit been toward the tail, it would have been a different call.

My wife was in an accident with her 67 Cutlass that went against her. Downtown side street with a big blue public mail box and parked cars and trees making it impossible to see if anyone was coming from the left. She eased out till she could see and by that time was in the traveled lane. By that time a car was coming and she stabbed it and got into her right lane. But the oncoming car panicked and veered into her lane catching her in the rear quarter throwing her car up on the sidewalk.

She got charged for not stopping at the stop sign. Wish I'd have been there as she stopped 3 or 4 times as she was edging out trying to look for traffic. Just a bummer sometimes the way things are called even when the other cars skid marks clearly showed my wife being hit over the center line and in her lane. The other car was a friend of hers and she didn't fight it.

It was 2 weeks before we got married or I might have had more power to make things right...................

We fixed the Cutlass, sure hope your Poncho doesn't just pass away. Even if it can be used to make another one right.

GOOD LUCK !

 

The damage to the Pontiac and the distance the car was pushed after impact is more than enough to prove that the other driver was doing way more than 25. I got stuck with the blame for a wreck that wasn't my fault back in '87 because of the incompetence of the local (Dalton GA) Barney Fife who investigated the wreck and an equally incompetent cracker barrel court judge. My advice would be to take lots of photos of the damage to both vehicles, photos of the accident scene and skid marks, measurements, and be sure to subpoena any photos that the police took. See if you can find a retired state trooper who can examine the evidence and be called as an expert witness in helping your girlfriend fight the ticket. State troopers are generally much better trained in accident investigation that the local police. (Here in GA, the State Patrol takes over investigation of fatal accidents and any accident involving a school bus). Any competent judge who is presented with the evidence and a good expert witness would dismiss the ticket against her

 

Sucks to have your pride and joy taken away by another's stupidity. Upside is that your girl is ok.

 

Glad your lady is okay. Fight it... It's his word against her word. They (the Police) Can't prove anything, they probably sided with him as he was on the road and she was coming from a stop. Get the insurance involved ASAP. Take it to court.

 

It is easy for everyone to say fight it but if the cops didn't do the investigation and gather the data at the time of the accident this will end up being a "he said-she said thing". Be glad she is ok, put this behind you and move on. You will spend a lot of time and a lot of money and frustration with the likely result being the courts siding with the cops.

Bottom line is the police and the courts don't care and the lawyers just want your money.

My 2 cents........

 

All of this being said, I don't think the Pontiac is dead. It looks to me like it can be put back together. Some pullin' here, some pushin' there and a fender and a door and it's on it's way to rollin' again .. Huh??

 

I am curious how the police can prove she didn't stop at the stop sign (got a ticket), yet they cannot prove the man wasn't going over 25mph. If they were not there, how can they be so positive of both?

I am just using logic here, I don't know all about that fancy police-learnin' they know.

 

I think I'd definitely have to fight that. Otherwise, his insurance might come after her and make her pay for his new wheels.

 

sorry to here that, she told me about it at Bills cruise in. Hopefully youll find a car and you can use the engine out of the 62.

 

who the hell actually drives 25mph in a 25 zone.
that ass in the dakota sure wasn't.

 

You need to get a photo of that guy's truck before the Body Shop pulls it down. I used to live there- and work in Germantown, so i know there aren't that many shops around where it could even be.
My buddy owns Superior Finishes in Trotwood-- He would be a great source for the repair on the Cat if you're not doing it..
http://superiorcustomfinishes.com/

 

Dude, first off, I'm glad your girl came out okay. I'm still freakin' pissed about my accident. My car is coming back together, but it will never be the same. It sucks when you're doing the best you can to pay atttention and then some A-HOLE screws you up.

I really hope things work out for you and your girlfriend. I don't have much, but if you need anything, even if it's someone to talk to, PM me and I'll give you my phone number.

Again, it's great your girl wasn't hurt bad.

 

The truth of the matter is that the police don't thoroughly investigate most non fatal accidents. They just don't have the budget to do so. Generally, they let the insurance companys hash it out.

 

I know were a parts car is straight across from you in IN off of I 70.

 

i guess this is always the risk when driving our cars. sorry to see your car was damaged and its a good thing she wasnt hurt.

and if the scene is set like you said....fight that ticket. i know unless theres some kind of third party witness most agencies wont cite for a violation when they cant tell who caused what. take lots of pictures, dont count on the insurance company to do that.

good luck.

 

daaang thats shity .fight that for sure

 

I didn't read that it was a 4-way stop. If she pulled out and got whacked in the middle of the intersection where the cross traffic does not have to stop then the cop doesn't have much choice. Now that's not to say it can't be fought if the guy was speeding.....but regardless it would still have to be proven that he was moving so fast that there was zero time to view his approach.
If it was not a 4-way stop and is that much of a danger to both those who have to stop (and yes even to those who don't) then both West Carrolton and Montogomery county should explain why it isn't a 4-way.
Not only would I have his speed verified but I'd check to see if there was an unusually higher percentage of accidents that have occurred there.

 

1. Fight the ticket -- she must beat it to have any chance.
2. Consult an accident investigator, they have formulas to determine the speed of both vehicles.
3. Get her insurance co. on her side. They can save some $$$ by laying the blame on the other driver. Be aware that there is a considerable amount of "trading" in the form of "We'll cover this one, you cover the next one", that saves them legal costs, but screws their clients.

 

First off I'm sorry about the car.........but secondly if this story was in reverse and you said someone pulled out in front of you (in this case your girlfriend).....who would be at fault? I have read many stories on the HAMB of people pulling out in front of them at stop signs...... and getting their rides smashed up and everyone curses that person who pulled out. Sorry to sound like an ass.....but I'm just being honest.

 

This is an illegal practice in the insurance industry.It is the insurance companies responsibility to cover the cost of the client,especially considering the client pays a premium every billing period.The insurance company is responsible for taking care of the matter,and it is the duty of the client to remind them of that.

 

What year is the Dakota?
Some vehicles have information stored on the computer at the time of a collision. Just like an airliners "black box".
If I'm not mistaken,the speed prior to the collision is recorded on the computer.
All it takes is a laptop to download the info.
Have YOUR insurance company do an investigation.

Also,this is just another example of ALWAYS carrying a camera with you at all times.
If possible,take pics of the scene BEFORE the vehicles are moved,including skid marks.

 

She's doing pretty well now, we've located a couple cars needing a powertrain to replace it - another '62 Star Chief and a local '59 Bonnie wagon, if the guy ever answers his phone. I'm gonna pull the 389/HydraMatic and possibly the rearend, rebuild the engine and when she gets something else, we'll toss it in.

It was a later model Dakota, I'd say a 2000 or so, before they got big. He hit with the LF corner, broke some shit and jammed his bumper into the tire, but I don't think he got the damage she did. My brother and I were there in my truck about as fast as the cops (and I have a 265 and was 5 miles away) before anything got moved. The only tire marks from his truck were left down the side of the Pontiac. As it stands right now, we're going to have to see what happens.

And thanks to everyone, I'll keep you all posted on this thread with what happens and what project comes out of this.

 

Actually it may vary depending on the laws in your state but a lawyer should be able to get the ticket thrown out just on the basis that the cop did not witness her "not stop" at the stop sign, thus he can't ticket for something he didn't see. When I was a teen I had a tailgating ticket thrown out for just that reason - at least that's what the lawyer told me.

 

it's not dead, mourning is over, fix it!

 

she should start to notice she has a back or neck issue, and go talk to a lawyer.

I agree about the insurance companies, make them do all the work.

Also, cops are people too, they're gonna do the least amount of work necessary to call it done so they can move on to the next thing.

 

It's good she wasn't hurt, cars can be replaced.

We complain about insurance rates, well lets fake an injury, brilliant.

Pretty simple to me, save your money, she had the stop sign he didn't.

Like it or not case closed.

 

Was the ticket for running the stop sign or "Failure to yield from a Stop Sign"? The latter would be my guess. Since the advent of Anti-lock Brakes, skid marks are a bear to interpret. You would have better luck with the marks left from the Catalina being pushed and the distance. Figuring in the the friction co-efficient from the pavement, weights of both cars and the distance traveled, the speed could be calculated. With it being a non-injury collision, the PD wouldn't feel it necessary to send for the investigator. There were a few of us on my Department that were heavily into cars, but most PD's are like the rest of society, to them it's just another old car, no big deal.

 

Actually,case not closed/An officer can't issue you a ticket or a fine for something he didn't witness.And I didn't see it anywhere where it said either he or she didn't have a sign.There is a reason we have a legal system and an insurance system,now make them both work for their money.Definitely not "case closed'

 

Bummer.... Glad your lady is ok... I would write the Magistrate and request a Jury trial... Anyone that knows cars knows that at 25 mph you would hardly dent the big tank...
Good luck!
racinman

 

If you are talking about Jeremys 59 Bonnie wagon he had for sale, he sold it.