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Mookie







PostPosted: March 20, 2006 10:50 PM 

This accident happened a few weeks ago to someone from work. I will first describe the event and then pose the question.

Jackie may answer the question from a legal standpoint (as may anyone else here who always wanted to pretend to be a lawyer) and the rest of you may answer the question from a moral or ethical position.

Ok, this guy rents a cement mixer for the day from his local rental yard (it is the kind of mixer towed behind a vehicle).

He is on his way back to the rental yard to return the mixer when, as he he is turning to enter into the rental yard itself, the mixer is struck by a car whose driver was speeding and could not brake in time to avoid hitting the mixer.

The police refused to show up at the accident scene to take a police report because no one was injured. The man then reports the accident to his insurance company and he is determined not to be at fault.

So the question is this... who should pay for the repairs to the cement mixer? The guy who rented it but was determined not to be at fault for the accident? The driver whose car actually made contact with the mixer, causing damage to it? Or should the rental yard owner file a claim with his insurance company to have the mixer repaired and then sue whomever was actually at fault for causing damage to the mixer?

True story! True story! Jackie? Jimmy? Elaine's Ass?

Curly
Son of Dad

Posts: 1410

Reply: 1



PostPosted: March 21, 2006 6:25 AM 

Most of those rental contracts have clauses in them in which the renter is responsible for the damages. The renter pays the damages and then goes after the driver. Sometimes the rental company will sue the renter, who will sue the driver, in the same lawsuit, as a third party defendant.

Jimmy


Posts: 5505

Reply: 2



PostPosted: March 21, 2006 2:42 PM 

Sounds like he had a real kroner comprehension problem, know what I mean?... a real cement head.

J. Chiles


Posts: 5139

Reply: 3



PostPosted: March 21, 2006 5:20 PM 

The story's a fabrication, and either the co-roker or Mookie are liahs (or both). The police WOULD show up regardless if there was physical injury or not and, when they did, they would find the vehicle that struck from behind at fault, provided the mixer was legally and sufficiently marked and turn signals were in place and visible. Case closed.

But then, EP may be even more of an expert since he, without doubt, has myraid experinces in taking guys from behind, whereas Jackie has no experience in the "field", whatsoever.

Jimmy


Posts: 5505

Reply: 4



PostPosted: March 22, 2006 2:34 AM 

When I was a very young buck, I was hit from behind by this guy in heavy traffic. After we both got out of our cars I noticed neither one of us had any serious damage. I asked him for his license...he said he didn't have one. I looked around and saw a cop trying to ease his way over to us... so I said to the guy "Well, I don't have my insurance renewed yet... let's get the fuck outta here!" We both jumped in our cars and bolted!

I'll never forget that. Laughing

J. Chiles


Posts: 5139

Reply: 5



PostPosted: March 22, 2006 10:31 AM 

I'd say that you'd better watch out, but I suppose that statue of limitations has past.

Jimmy


Posts: 5505

Reply: 6



PostPosted: March 22, 2006 12:59 PM 

No, it's statue. Oh, I really think you're wrong.

Jimmy


Posts: 5505

Reply: 7



PostPosted: March 22, 2006 1:01 PM 

Oh, you did say statue... pay no attention to that man behind the curtain. Embarassed

J. Chiles


Posts: 5139

Reply: 8



PostPosted: March 22, 2006 1:05 PM 

Hee! That reminds me of "Triumph the Insult Comic Dog" at the Republican Convention in 2004. The camera panned back, showing a little too much, and revealed the guy with his hand up Triumph's pooper (with which he POOPS ON!). Without missing a beat, Triumph says, "Pay no attention to the fat Jew under the table"! Classic.

Jimmy


Posts: 5505

Reply: 9



PostPosted: March 22, 2006 1:16 PM 

Yeah, I saw that too, but I can't imagine that I would have watched the Republican convention. Wasn't it on Scarbourough's show or something afterward?

J. Chiles


Posts: 5139

Reply: 10



PostPosted: March 22, 2006 1:22 PM 

It was Scarface's coverage of the convention - with Ron (don't call me Ronnie) (Dog Show) Reagan.

HateTheDrake
Pigman

Posts: 411

Reply: 11



PostPosted: March 22, 2006 3:50 PM 

I tried to watch but my rods and cones were all screwed up.

Mookie
Magnificent Bastard

Posts: 2285

Reply: 12



PostPosted: April 19, 2006 5:58 PM 

Update:

I guess this guy continues to get calls from a collection agency for the damages but he is refusing to pay.

He is contending that regardless of whatever language his rental agreement is written in pertaining to damaged equipment, he didn't damage the mixer, the other driver did, so he ain't paying.

I think Cedric and Bob could settle this thing very quickly. Laughing

Jimmy


Posts: 5505

Reply: 13



PostPosted: April 27, 2006 12:55 PM 

Thank you, Robert Stack...

Bookman Author Profile Page
Condo Board President

Posts: 2988

Reply: 14



PostPosted: April 29, 2006 9:20 PM 

You think this is all a big joke, don't you?

Jimmy


Posts: 5505

Reply: 15



PostPosted: April 29, 2006 11:00 PM 

I don't know anything about Mookie's friend's private life. I don't want to know anything about Mookie's friend's private life...

donna chang
Assistant to the Traveling Secretary

Posts: 145

Reply: 16



PostPosted: May 2, 2006 7:22 AM 

The white whale should pay... maybe he was adjusting his toupee

Bookman Author Profile Page
Condo Board President

Posts: 2988

Reply: 17



PostPosted: May 2, 2006 11:34 AM 

(Bookman reading to himself)

"... He is on his way back to the rental yard to return the mixer when, as he he is turning to enter into the rental yard itself, the mixer is struck by a car whose driver was speeding and could not brake in time to avoid hitting the mixer..."

That's perfect irony! Mookie, that is interesting writing!

Mookie
Magnificent Bastard

Posts: 2285

Reply: 18



PostPosted: May 2, 2006 3:02 PM 

Ahhh, yes. I see the irony now.... "the very mixer he was returning" Wink

You know it's funny, Bookman but sometimes you don't know how you really feel about a situation until a person like you comes along and articulates it so perfectly!

Bookman Author Profile Page
Condo Board President

Posts: 2988

Reply: 19



PostPosted: May 2, 2006 3:23 PM 

Well, I'll tell you, Mookie. It's a lot of hard work. But, it comes fairly easy to me. Some people write symphonies. This is my gift.

Jimmy


Posts: 5505

Reply: 20



PostPosted: May 2, 2006 3:38 PM 

By the way, when you get to that chapter about the next person renting it - feel free to toss Mookie in the mix.

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