Rear End Messed Up - Legal Action Winnable?
 

Alright,

So, today I'm on the way to drop off my brother’s money for his medicine and guess what happens, I chew up the gears in my rear end! How...read on...

Alright, so, I'm coming down my neighbor hood at 27-28 MPH, the average for most people is 35-40 MPH and it's a 25 MPH limit, and I get behind Mr. slow poke in a Toyota Camry doing 15 MPH, 15 MPH!!!!.

I know all about speeding in neighborhoods with kids that live around, hell I have five brothers and I would never speed, I hate speeders in neighborhoods my self.

I passed him, let off the gas (nor did I punch it), and when I went to take the final turn, guess what, he flies up beside me and throws his car sideways blocking up both lanes.

He gets out and starts to run at my car, then I put it in reverse and floored it (not thinking about the gears) and it started to clunk clunk clunk really bad so I did a J-Turn almost and put it into first, no go.

I locked my doors, pulled the e-brake, put it in N, and let her run and the guy comes running up to my door throwing his hands up in the air and kicking my door.

I called the cops, they came out there and told the guy that it was illegal to take the law into his own hands and that him cutting me off was wreckless and that he could have been shot legally by me because I was in a scared state.

Hah, like I carry a gun, lucky for him...

Anywho, he offered $200 cash for an out-of-court statement, HELL NO, the gears by them self are $400 for stockers!

I opted to go to court to pursue the actions of this idiot. March 28th I'll be summoned to go to court for this.

What do you guys think? He scratched my paint up (worse than it was), he messed the gears up (you ever see someone chasing after you, would you throw it into reverse?)

Do you think I'll win? Do you think I'll get paid for a new paint job, rear end?

Now, I've got a Thunderbird with a blown tranny (my fault) and a RX7 with chewn up gears (not my fault).

- Tech

I think you might just win with the paint i dont know about the mechanical. if anything ask the judge if you could trade off not shooting the guy for the mechanical bill. even trade atleast i think so.

Not sure about legal stuff but please make sure you keep us updated. I would like to know how this works out for you.

I'd say you were a dink for passing someone on a residential street. Also, it's not this dude's fault that you don't know how to shift into reverse. So, I'd say that you're SOL on the gears. As you should be. Ding him for the damage to the paint sure, but the gears ain't his fault.

So you screwed up your rearend and want to blame him.

An open diff will cost you about $50 and an lsd can be had for $150. just replace it.

I don't know what the hell's wrong with the rear end!

And, I usually don't pass people on residential but in this case, yes, I was in a freaking rush.

The car has been spun around by the previous owner in reverse at high speeds before, I think this was the breaking point. And if the mother freaker wouldnt have been chasing at me (for all I know with a gun) I wouldnt of had to throw it in reverse now would I?

I don't even care about the freaking paint, now I have no way of getting to work besides walking/bus!

Just fix the rear. Pull the axles and take a look at them. If they look good, then pull the diff and look for problems.

the guy didn't have to get out of the car being all crazy though... people are crazy..

oh, and i have an extra rear end out of my 85 GS.. drums/axles/pumpkin. should you need any, let me know. :)

That's easy to do if you've done it before!

I've never bitten into a rear end before, all I know is how much fluid to fill up.

How hard is it to do? Do you need special tools? etc

Unsupa, will the pumpkin just bolt right up to the axel? I'd much rather keep the GSL-SE's because from what I see it's more jeweled.

If worse comes to worse and I cant afford the majority of this I will sell the car and replace the transmission in my Thunderbird...

If you have a disk rear then it is very easy. You

Pull the Calipter.
Pull the Calipter Mount.
Remove the rotors.
Hit the back of the Axle with a BFH. If they are really in there tight then you will need to borrow and axle puller. and axle puller looks like a big slide hammer.

Remove the Drive shaft
take out the 10 or so bolts.
Diff will fall out or give it a bump with the BFH

Well that makes it allright, doesn't it? :rolleyes:

Boo. Fucking. Hoo.

So you're admitting to pinning the responsiblity for the damage on someone else when you know that the car had been used and abused in the past.

You're a real peice of work, aintcha?

Alright, let me see...

- Tech

What did you do before you had a car? Six and hour is money, Guess you did not save any of it.

Sale the car broke and you will get very little for it. You can fix it with an open diff for about $50, An SE LSD will cost you about $150. Nice thing about fixing it, is in a pinch you can do it with just an adjustible wrench, And it will be worth much more.

Well,

My dad spotted the money for me to fix the major stuff...

I've got an axle remover, but my dad something about having to take it back to a shop to put the bearing back on?

You think the LSD is my problem? Where can I get one?

- Tech

You MIGHT be able to pin the rear end thing on him. If it weren't for his actions, you never would have had to throw it in reverse. I don't know, maybe it would have been better if you shot him. He should be greatful that you just threw it in reverse instead.

Make sure you go to the dealer and get a paper quote for the rearend gears! Get some serious cash out of this!!!

If an axle is bad then you will have to get one or two, They may have the bearing already on them. when you pull yours the bearing will stay on it. You would only need to take it to a shop if you need to change or put on a bearing. They are pressed onto the Axle.


Tell us what the simptons are with the car.

Yes,

I've been paying my dad back, that's where all of my paycheck goes right now, that and insurance and gas money, food, etc.

I've cooled off a lot. Yes, maybe I should have shot him, but I don't wish death on anyone, even if they do deserve it...

If it weren't for him chasing after me in the first place I wouldn’t of been scared, if I wasn’t scared I wouldn’t of thrown it into reverse possibly grenading the LSD...

The driveshaft will spin but the car wont move, it just sits there and clunks, and she’s getting towed on a flat bed tonight in a few minutes home (right down the street from where it happened thank god).

good luck getting money for the rear end.. take what you can get for the paint.

if some fool was kicking at my car, we would have gone down..


uhh to bad assult is illegal....

Sounds like you need to change the Diff.


On the lawsuit. I dont think you will win. His actions did not break the diff, yours did. His caused the paint and door to be messed up.

If it is right down the street why get a tow truck. Me my Mom and sister pushed one of my cars all over the yard last week and up a hill. You could push it home or pull it the small amount with another vehichle.


Now not trying to be an ass, But, Next time you decide to do something stupid, Make sure you have the Balls to back it up.

Yeah,

Assault is illegal, I was thinking of legal terms when I did what I did, I didnt want a confrontation.

The whole diff needs to be changed? Gears and all? It used to hum in fourth/fith really bad...

I didnt do something stupid, why does everysone say that? After my blown tbird tranny I dont drive like an idiot anymore, I learnt my lesson but you seem to think that I did something to him by making a LEGAL PASS!

you told us you were in a neborhood, there are no legal passes. I think you started it, but he deffenitely esclated it futher then it needed. Your actions called for him to give you the bird and be done with it.

I didn't know passing in a neighborhood were illegal? There are no double yellow lines? I was under the impression that if they are no passing signs, double yellow lines, then you couldn't pass, I'm looking in my handbook from a year ago and don't see anything about this law that you talk about...

The only legal passes are on doted yellow and dotted white. Of corse I could be wrong.

Hmmm....I called my mom (state trooper) and she said it wasnt illegal and the cop came back to ask if my car was stolen (hehehe - he saw the ghettoed ignition from a loose connection you have to hold) and I asked him, he said it was legal if both sides were clear and there are no parked cars on either side.

Well see I can be wrong :)

hehe,

trust me, we can all be wrong, apparently I was wrong for putting it in reverse and not waiting around to see if he had a gun to shoot at me with!

So, do you think they'll make the guy pay for a whole new paint job? He chipped it pretty bad (white showing) and scratched, idiot was wearing boots...

No it would only be a paint and feather of the damaged area.

If you exceeded the speed limit by one MPH, the pass was illegal.

But that's not the point. Passing someone in a residential area because you're 'in a rush' is a dickish thing to do. Then you compounded that dickishness by suggesting that the dude you pissed off should be held responsible for your lack of driving skills. It's hardly his fault that you don't know how to shift into reverse.

It all justs smacks of a lack of personal responsiblity. I'd wager that most things that happen to you 'aren't your fault.'

A Brief Analysis of This Situation by Me:

You passed him in a residential area. Bad move, completely uncalled for, however, no-harm-done and the both of you could have gone on your merry way.

What the person being passed should have done: Gotten your plate number, and called the cops with the plate number and his side of the story. Viola. Problem solved right there.

Instead he comes after you, and kicks the shit out of your car. This is HIS fault, NOT yours. He is just as responsible for his bad behavior as you are yours. The rear gears were NOT his fault. That is your fault for A) Driving a beater, and B) Reacting the way you did.

The way i see it, you should get a ticket, and the guy who buggered your car should have to pay to have it fixed. Forget getting the money for the rear end.

A new rear end is cheap in salvage yards everywhere, and takes no time at all to change.

Sometimes life isn't "fair" and you just have to deal with it.

-Aston

It is starting to sound to me like the pass was legal. If that is the case then you will have the law on your side. I still dont think they will make him pay for the rear, But you will get something for them damages he caused to the car.

:jerkit: I talked to my mom, whom is a State Trooper and the pass is COMPLETEY FREAKING LEGAL as long as you come back down to the speed limit in a residential zone.

It's not my fucking driving skills for the last time, the last owner spun the car around at 80 MPH going reverse and the LSD was on the way out so today just completely killed it, he had no right to get mad at me for passing him, he was going slow (15 MPH in a 25 MPH).

The pass was legal, the hitting was not legal, and you don't know anything about me so don't judge my driving skills if you've never seen me! I'm 17, a perfect driving record, no wrecks, no speeding tickets. Don't judge me on my driving skills because all you're doing is stereotyping young audiences, I'm actually going to be racing in SCCA next month.

I'll tell you what, you can pass me, then I'll speed up and kick your car and see if it you like it...So mr fucking moses, how do you shift into reverse so perfectly that's different from every other person? Oh right, that's right, there's no special trick.

I've talked to my lawyer and he said everything I did was completely legal and that I did the right thing by backing up and calling the police.

Why should I get a ticket? I wasn't speeding? He actually sped up to get me, so essentially he should get a ticket...wow funny, he just magically flew around a corner around me and slung his car sideways....

This beater is my DD and we've dropped about 2k into it so far and the LSD was next, I just don’t make enough to fix up my car everyday like the rich kids around here, unlike most people I actually have to pay for everything I have, internet, gas, insurance, etc .

Oh yeah moses, I'm going to fly around you, and run at you, maybe I'll have a gun, what would you do??????

The same exact thing any sane person would do, get the hell out of there...not get out of the car and you saying otherwise is just showing your as stuck up as some of the other people out there...

Yes I take full responsibility for almost everything that happens to me, I dropped out, that’s my fault for dropping out of school, I blew my transmission, my fault again, this is the first thing that hasn’t been my fault in a long time thank you mr innocent.

:rofl:

Are you sure that you've demonstrated the length of your internet penis to your satisfaction, or do you need another go at it?

My input.

tech, post a want ad in the 1st gen classifieds, even if you can win for everything, you'll need a car up and running before then.

Personally I wouldn't push for the rear.

-and Moses, you can make a point without a personal attack.

This might be a bit of a stretch, but this somewhat reminds me of an episode of Judge Judy (i know its lame, but i can't get enough of it). This girl was driving her friend home and her freind was drunk, got pissed off, and pushed the shift lever from drive to neutral. When the driver tried to put the car back in drive (still moving at whatever speed) she pushed to far and it went into reverse or park or something. Whatever gear it was, it totally grenaded the tranny. Judge Judy in her all knowing wisdom found the friend was liable for the damages b/c were it not for her actions, the transmission never would have been damaged. Like I said, this may be a bit of a stretch, but were it not for his actions, you never would have skrewed your LSD.

damn mosses, you're pretty harsh on the poor guy. but you forgot to mention that if he wasn't such a puss he would have got out and smacked the guy yelling at him, instead of slammin the car in reverse and screwin up his gears.

i've torn up some gears once, but i'll tell you it was my own fault. actually made me feel good (powerfull). went to the pull a part. got a pumpkin for $20. installed it. realized that the driveline didn't match. so i re drilled it. wasn't the greatest decision i ever made. so make sure the pumpkin fits your driveline.

Kettlman,

Yeah, then I would have gone to jail. :p

The wanted ad is up, I hope someone has one laying around (which would be weird but it works for me).

- Tech

Get yourself one of them ambulance chasing lawyers and sue the guy for pain and suffering,lost wages and damages. You could probably ask for about 1.5 million.
Good Luck!

Yes, I had to go to a shrink because of this...j/k

I called Jose and he said that my LSD is defintley shot and just to find a whole new rear end and put it on...

I'd check for a new rear end locally too. I got really lucky when I was looking for new suspension and a rear end for my car. I went into the mazda dealership to get something, can't remember what, but I found out one of the guys there has a bunch of FB's since he used to race them. I went back there the next day to talk to him and ended up buying tockico illimina's front and rear, ST springs, RB front sway bar, and an '84 GSL rear end for $300!

So if some guy cuts you off, jumps out of his car, charges you and then proceeds to assault your car, you're at fault because you passed him legally?

If that door would have been unlocked or that window opened then you would have been the recipient of that ROAD RAGE. This guy lost it and that's that.

I think that you can take him to the cleaner for actual damages, including the rear end, plus punitive damages (???).

Let's remember that when this guy charged out of his car, his intention was to injure you, not your car. He just couldn't get to you fast enough. Noone jumps out of their car to go kick someone's car, they get out to get the driver. Every thing you done was right.

My judgement is for Tech Geek in the amount of the rear end plus the paint job plus another $1000 punitive damages.

Oh,

If only you were the judge.

Yes, actually my door was locked today, for some reason when I left my driveway (I ride with my elbow on the window most of the time, windows down) I didn't have my windows down but when he got out of his car the first thing I did was put it in R and lock the doors.

I still remember the look on his face when this convo went down in front of the cop,

Me - "So $200 will get maybe half of the cost of the gears and whatever else is torn up in the back."
Him - "That's not my fault".
Me - "Well, you were charging at me I had no choice but to react quickly and get out of there"
Him - "You were zipping through the neighborhood" [which he doesn’t even live in, nor have any families or anything what so ever in]
Me - "No, I passed you and you flew around me dangerously and blocked up both lanes and kicked my door, that was very immature'
Him - "Yeah, I'm getting taught maturity by a 17 year old"
Me - "I'm not the one kicking people’s door"
Cop - "Sir, you drove recklessly, vandalized his car, and were going to assault this young man, you had no right to take the law into your own hand, would you like to pursue this in court Mr. Pelezo? “
Me - "Yes, $200 isn't enough and he won’t budge on that"

I hope the judge knows something about cars and knows that these little sevens aren’t easy to fix (you've got to find the parts).

- Tech

Moses, quit being a troll.

In my opinion, you feared for your personal safety, and as most of us know, when that happens, the adrenaline starts pumping. "Fight or Flight", if you are so inclined. I personally think that "Mr. Pelezo" should pay for the damages to the paint AND the rear end, mostly because he gave you no alternative. He clearly was not in the state of mind to be negotiated with, and as such, you did what you could to avoid the situation.

Another thing I find interesting is that you know nothing about rear ends and not one mechanic has seen this rear end yet everybody places a value of $0. That rear end worked just fine and was working fine until you done what you had to do to get away from him.

Sorry everyone, that car was in A1 shape until Mr Road Rage hit it. And if he fills it's not worth that much, let Mr Road Rage prove it!

Also, I can't see how you can pass him at an unsafe speed and yet be passed back by him moments later unless he was really flying through the very same neighbourhood he claims you were speeding in.

Man I got to let this thread go before I reach through my screen and strangle someone. :D

Exactly what my stepmom said as she pulled up to the police.

Mr Pelezo is me, I found that little tan camry on accident when I was driving out of my neighborhood today, I saw him out side looking at his house but he didnt notice it was me (I was on the way to pick up three out of the five brothers I have).

Honestly, I dont care about the paint, I just wanted the rear end fixed, but if he has to pay to fix it I'm not complaining, he did gash it pretty bad.

I took pictures of it all, went home and wrote down exactly what happened.

Courts not until march :(

- Tech

i just have a couple things to say about a few things said. don't get me wrong, i hope you get your rear end fixed and all. but.....

to this i say to shift into first first. if you keep the clutch in and shift to first befor putting into reverse it is alot gentler on you gears and smoother. i don't know why, it just is.

and on these? well .

you can't use that going to jail line and assulting someone. you might have assumed it at the time. but ............ the first page you said you called the cops. if you can shoot someone, well beating the living shit out of them is alot nicer. even though i don't think you really could have gotten away with shooting him.


now have you called any pick a parts yet? that would be the cheapest easiest way to get a pumpkin.

Not Yet,

They require you to go out and look for your self and I have to wait on my dads rx8 or my stepmoms car to get to the junkers to look.

I was in first, mind you I was coming to a stop sign and was almost there when he slung around, I just hold in the clutch to coast (I never knew if that was bad for the car, I also brake with the clutch all the way to the floor).

The nice police offer told THE GUY that it would have been legal for me to shoot him. I wanted to avoid confrontation, I'm not the fighting type of guy...

Bwa ha ha!
 

Yeah but you sure know how to stir up a shit storm though! best of luck on getting your car fixed

kenn

hah,

I do it on accident, I didn't realize that people getting passed doing slower than the posted MPH was enough to make him to have mad cow disease and start kicking my car.