Auto Accident: Am I at Fault?

[Virgil Showlion]

It must be the season. No sooner than Phoenix has a fender bender, Virgil has his own "whose fault is it?" auto accident.

Here are the particulars:

• my neighbour owns a 2007 Honda civic, which was parked in front of his house; the house has a graded curve, and both his right tires were up on the curb slightly (about 6")
  
  
• there is a wire fence between my house and the neighbours' house. We both paid for it. We both agreed to have it installed. It was there by mutual agreement, which I can prove, even though it's "officially" located on my property
  
  
• The road in front of our houses is clearly a standard two-way street. There are no indications anywhere that the street is one way. Nobody could reasonably claim that the street was one way, even though most people tend to drive in one direction because of the way certain one-way streets lead into and out of the neighbourhood. But to be clear again: two way street.
  
  
• Finally: I am driving a 2008 Honda CRV. The car is serviced regularly. It's in perfect repair. I'm not talking on the cellphone or even listening to music. Visibility is excellent. I'm driving with 100% complete attention on the road.

My neighbour is walking around his car near our fence, just about to get in the driver's side door. I see him and I'm thinking it will be a bit fun to scare him--just harmlessly--because everybody loves a good surprise once in a while. So I gun the engine and head towards him. Now he, instead of trying to crawl under his car as you'd expect a reasonable person to do, dives out like a madman into the middle of the road, and now I don't have the ability to swerve at the last minute like I'd planned. So my CRV ploughs into his civic, sends it flying across his yard in through the picture window in the front of his house, meanwhile I spin out of control, through the fence that he helped put there, and I end up in my own driveway.

So at the end of it, we know that: a) his diving into the road like a madman is the cause of the accident, b) the majority of the damage to my car was most likely caused by it passing through the wire fence that he put up, and c) I'm in my own driveway at the end, completely off of his property so that he can't claim I was 'trespassing' or some such nonsense.

At any rate, once he finds out I'm OK, he starts screaming at me like a man possessed and calls the police, claiming that I'm at fault and that I owe him a new civic. I lose my temper and start screaming back at him that he owes me a new CRV. I was willing to meet him half way and say that it was 70/30 his fault, but he's not being rational. So we're going to take it to court and let a judge decide.

Now, like Phoenix, I just want to make sure I'm not being unreasonable here. He caused it. His fence. My driveway. He started the screaming match. And I did my best to meet him halfway. I think I've been more than generous, but sometimes it helps to get others' perspectives.

Thoughts? Advice?

[Jaguar]

What neighborhood do you live in Virgil ? (( makes notes not to ever move into Virgil's neighborhood ))

[Virgil Showlion]

May 26, 2013 21:54:09 GMT -5 Jaguar said:

What neighborhood do you live in Virgil ? (( makes notes not to ever move into Virgil's neighborhood ))

I can't tell you, but I can't blame you for asking. The guy is nuts, and so is his wife, it turns out. Just my luck for moving in next to them.

[tallguy]

A Honda hits a Honda?  You both deserve it.  Everyone knows that Honda drivers are jerks.  Overaggressive wannabes angry that they can't afford a really good car.  Pathetic, all of 'em.

[Virgil Showlion]

May 26, 2013 22:00:24 GMT -5 tallguy said:

A Honda hits a Honda?  You both deserve it.  Everyone knows that Honda drivers are jerks.  Overaggressive wannabes angry that they can't afford a really good car.  Pathetic, all of 'em.

I think you're confusing Honda and Jetta.

Although VW Jettas are expensive for what you get. And they burn diesel.

[tallguy]

The guy is nuts, and so is his wife, it turns out. Just my luck for moving in next to them.

Some people are born nuts, some achieve nuttiness.  Others have nuttiness thrust upon them.

(And some people are carriers....  I know where my money is....)  

[Jaguar]

May 26, 2013 22:00:24 GMT -5 tallguy said:

A Honda hits a Honda?  You both deserve it.  Everyone knows that Honda drivers are jerks.  Overaggressive wannabes angry that they can't afford a really good car.  Pathetic, all of 'em.

Be careful, just be careful, Virgil is everywhere.

[Virgil Showlion]

I've been wondering if I should mention to the judge that the guy was parked illegally (with his wheels up on the curb), but I don't want to get him thrown in jail.

Honestly, I'm too nice at times.

[tallguy]

Be careful, just be careful, Virgil is everywhere.

I'm not worried.  He knows he would still be just another (sarcastic) little poster if it weren't for me.  I gave him his start, which he has used to turn himself into a board phenomenon.  He owes me.  

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

My neighbour is walking around his car near our fence, just about to get in the driver's side door. I see him and I'm thinking it will be a bit fun to scare him--just harmlessly--because everybody loves a good surprise once in a while. So I gun the engine and head towards him. Now he, instead of trying to crawl under his car as you'd expect a reasonable person to do, dives out like a madman into the middle of the road, and now I don't have the ability to swerve at the last minute like I'd planned. So my CRV ploughs into his civic, sends it flying across his yard in through the picture window in the front of his house, meanwhile I spin out of control, through the fence that he helped put there, and I end up in my own driveway

.




And you're wondering whose fault it is?? You scared the %$*()# out of him - and his initial reaction made him go into the street instead of (as you claim he should have done) crawling under his car. Huh?? He'd be in more jeopardy there than on the street - you hit the car - if that car had burst into flames and he was under it, he'd probably be toast (literally).

It's your fault - and that's what you get for pulling a stunt like this. Darned whippersnappers !!

[Virgil Showlion]

The last time I checked, "scaring people with a fun surprise" isn't a crime, SL.

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

It is if you're behind the wheel of a vehicle and you caused damage by your "little prank". You caused the damage. You would have been better off sneaking behind him with your garden hose or a super-soaker and giving him a blast of water.

[tallguy]

May 26, 2013 22:28:44 GMT -5 ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ said:

It is if you're behind the wheel of a vehicle and you caused damage by your "little prank". You caused the damage. You would have been better off sneaking behind him with your garden hose or a super-soaker and giving him a blast of water.

What fun is THAT?  

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

Maybe not as much "fun" as Virgil thought he was having, but it would've been cheaper than damaging his neighbor's car (and apparently his house too) by stunting.

Now, like Phoenix, I just want to make sure I'm not being unreasonable here. He caused it. His fence. My driveway. He started the screaming match. And I did my best to meet him halfway. I think I've been more than generous, but sometimes it helps to get others' perspectives.

Thoughts? Advice?



How did HE cause it?? You're the one who gunned your engine and plowed toward him - as (so you claim) a joke to scare him. I think you accomplished your goal. But it's probably also going to be an expensive prank.

[toomuchreality]

May 26, 2013 22:23:52 GMT -5 ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ said:

My neighbour is walking around his car near our fence, just about to get in the driver's side door. I see him and I'm thinking it will be a bit fun to scare him--just harmlessly--because everybody loves a good surprise once in a while. So I gun the engine and head towards him. Now he, instead of trying to crawl under his car as you'd expect a reasonable person to do, dives out like a madman into the middle of the road, and now I don't have the ability to swerve at the last minute like I'd planned. So my CRV ploughs into his civic, sends it flying across his yard in through the picture window in the front of his house, meanwhile I spin out of control, through the fence that he helped put there, and I end up in my own driveway

.




And you're wondering whose fault it is?? You scared the %$*()# out of him - and his initial reaction made him go into the street instead of (as you claim he should have done) crawling under his car. Huh?? He'd be in more jeopardy there than on the street - you hit the car - if that car had burst into flames and he was under it, he'd probably be toast (literally).

It's your fault - and that's what you get for pulling a stunt like this. Darned whippersnappers !!

I agree. Had you just been driving NORMAL, without any other intentions, in all likeliness, it would never have occurred.      Sorry bub, this one is on you. 

Darn whippersnappers, anyway!


Did this really happen

[justme]

For future reference, the correct way to scare someone by gunning the engine is to first slip the car into neutral before you do it. If you were already moving it should receive the desired effect without the risk of calamity of a car going fast near a pedestrian.

I agree with SL and toomuch - I'd be shocked if a judge doesn't decide ridiculously quick in your neighbors favor.

[toomuchreality]

Virgil, Virgil, Virgil....  


Maybe this will help a little

I wish it was a pile of cash! 


Sorry this happened to you.

[Peace Of Mind]

So my CRV ploughs into his civic, sends it flying across his yard in through the picture window in the front of his house, meanwhile I spin out of control, through the fence that he helped put there, and I end up in my own driveway.

LOL!!  I'm trying to decide if it's his Civic that is at fault for flying or is it the house and picture window's fault for being in the Civic's way?  Hmmm.  Decisions, decisions.   But it's quite clear to me that it was not Virgil's fault.  At all.  Call me if you need a witness to your innocence.   

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

I'm assuming that in Toronto the speed limit on a residential street is 30 km/h - 40 km/h max (unless you live on a busier thoroughfare). If you'd been driving at the posted speed limit, and not trying to be a clown, the damage would have been far more minimal - maybe a dented fender and a broken tail light. (You managed to make his car travel through a picture window and your car go through a fence into your driveway?) Be prepared to pay, Virgil. I think you'd better be very humble when you meet up with the judge, if you don't settle before it goes to court.

[Jaguar]

This Board just signed me out on it's own. VIRGIL

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

I had that happen a few days ago, Sugi. I'm usually set as always signed-in, but it happens every now and then. Not often but it does happen.

[NastyWoman]

And you think the neighbor and hid wife are the crazy ones?

[mmhmm]

If I were you, I'd begin preparing my lie ... errrmm ... defense.  Aftershock from the recent earthquake?  Nah.  The guy's house is possessed by demons and leapt into the two cars and the fence?  Probably not.  Hmmm.  This may require some thought ...

[Deleted]

May 26, 2013 21:47:02 GMT -5 Virgil Showlion said:

It must be the season. No sooner than Phoenix has a fender bender, Virgil has his own "whose fault is it?" auto accident.

Here are the particulars:

• my neighbour owns a 2007 Honda civic, which was parked in front of his house; the house has a graded curve, and both his right tires were up on the curb slightly (about 6")
  
  
• there is a wire fence between my house and the neighbours' house. We both paid for it. We both agreed to have it installed. It was there by mutual agreement, which I can prove, even though it's "officially" located on my property
  
  
• The road in front of our houses is clearly a standard two-way street. There are no indications anywhere that the street is one way. Nobody could reasonably claim that the street was one way, even though most people tend to drive in one direction because of the way certain one-way streets lead into and out of the neighbourhood. But to be clear again: two way street.
  
  
• Finally: I am driving a 2008 Honda CRV. The car is serviced regularly. It's in perfect repair. I'm not talking on the cellphone or even listening to music. Visibility is excellent. I'm driving with 100% complete attention on the road.

My neighbour is walking around his car near our fence, just about to get in the driver's side door. I see him and I'm thinking it will be a bit fun to scare him--just harmlessly--because everybody loves a good surprise once in a while. So I gun the engine and head towards him. Now he, instead of trying to crawl under his car as you'd expect a reasonable person to do, dives out like a madman into the middle of the road, and now I don't have the ability to swerve at the last minute like I'd planned. So my CRV ploughs into his civic, sends it flying across his yard in through the picture window in the front of his house, meanwhile I spin out of control, through the fence that he helped put there, and I end up in my own driveway.

So at the end of it, we know that: a) his diving into the road like a madman is the cause of the accident, b) the majority of the damage to my car was most likely caused by it passing through the wire fence that he put up, and c) I'm in my own driveway at the end, completely off of his property so that he can't claim I was 'trespassing' or some such nonsense.

At any rate, once he finds out I'm OK, he starts screaming at me like a man possessed and calls the police, claiming that I'm at fault and that I owe him a new civic. I lose my temper and start screaming back at him that he owes me a new CRV. I was willing to meet him half way and say that it was 70/30 his fault, but he's not being rational. So we're going to take it to court and let a judge decide.

Now, like Phoenix, I just want to make sure I'm not being unreasonable here. He caused it. His fence. My driveway. He started the screaming match. And I did my best to meet him halfway. I think I've been more than generous, but sometimes it helps to get others' perspectives.

Thoughts? Advice?

 Wow.
 Darwin's theory in action.

 

[Virgil Showlion]

Just because there seem to be more people here than not taking the OP seriously:

No, this didn't actually happen, and no I'm not really a psychopath who forces his neighbour to dive for his life and then sues him after lauching his Honda civic through the front of his house.

[toomuchreality]

No, this didn't actually happen, and no I'm not really a psychopath who forces his neighbour to dive for his life and then sues him after lauching his Honda civic through the front of his house.

Virgil, Virgil, Virgil....  

[moon/Laura]

May 27, 2013 3:00:29 GMT -5 Virgil Showlion said:

Just because there seem to be more people here than not taking the OP seriously:

No, this didn't actually happen, and no I'm not really a psychopath who forces his neighbour to dive for his life and then sues him after lauching his Honda civic through the front of his house.

Anyone who knows you AT ALL would know the whole thing was a made up story.

[Deleted]

Would you have to know him to know it's made up? Really?

[NoNamePerson]

Dang, I was hoping that we would have an update~~~~

Virgil being sued by neighbor's wife for causing him such fright/angst that he couldn't perform his manly duties and she was horney and had to hire "outside" help to get relief. Wants Virgil to pick up tab as long as her husband is incapacitated

[taz157]

May 27, 2013 11:14:49 GMT -5 NoNamePerson said:

Dang, I was hoping that we would have an update~~~~

Virgil being sued by neighbor's wife for causing him such fright/angst that he couldn't perform his manly duties and she was horney and had to hire "outside" help to get relief. Wants Virgil to pick up tab as long as her husband is incapacitated