Mike Birbiglia - This American Life - Return to the Scene of the Crime

Mike Birbiglia recalls being in a car accident with a hit-and-run drunken driver. In the weeks that follow, Mike's brush with death turns into a full blown nightmare when the police report is so poorly filled out that somehow Mike winds up owing the drunken driver $12,000-not because it's fair, but because he can't get anyone to listen to him.
In 2009, we performed an episode of This American Life onstage and sent it live in HD to 430 movie theaters across the country. Dan Savage, Mike Birbiglia, and Starlee Kine all performed, plus director Joss Whedon gave a rare musical performance.
A DVD of the show is available, with extras like audio commentary, behind the scenes photos, and the surprisingly popular pre-show puzzles. You can get it here: bit.ly/2jvwjqp

[@jpkjnn6733]

This is an incredibly distressing story and i hate it. I love Mike but i hate the injustice so much.

[@carolmarshall4341]

I could listen to Mike for hours!

[@MeredithWilestheAverage]

he's just so freaking good, ya know?

[@Davanthall]

Just for the sake of my own sanity I’m going to assume he made all this up and this is pure fiction. My soul can’t handle the idea of this actually happening.

[@jekku4688]

See my response. I'm in complete agreement.

[@rsalbreiter]

I got a chance to see this live and got to meet him after the show. Birbigs insists that it's true

[@RedShipsofSpainAgain]

First, at 8:37, that's a photocopy of an actual police report of an accident. Second, at the beginning of his movie, "Sleepwalk with Me", Mike says after shows, audience members will come up to him and ask him if his stories are true. He says, "Yes, it's true." They'd say, 'Is it *really*?" He says, "I don't know how to respond to that. I guess I could say it again louder, like, 'YEAH IT'S REALLY TRUE!'" So yes, this did indeed actually happen to Mike.

[@mistymeaner1753]

I think using the T-bone story in his act is the best way to justify paying that dumb fuckin prick for hitting his car, and I hope that in the wake of this story being reported on his show, that dumb fuckin prick COP got FIRED. THIS STORY ENRAGES ME!!!! I listen to Birbiglia at least once a month. Never gets old...

[@howard5970]

i think @Davanthall knows it's a true story he's just saying for the sake of his sanity he's going to pretend it isn't.

[@raystaar]

I'm just about ready to whip out a napkin and start outlining my case against Jim Bosworth.

[@heboras]

The T-bone story is America in a nutschell.

[@elisabethpine3420]

Had a similar accident, hit by a car behind us which made us hit the illegally stopped in the middle of the highway car in front of us. Our insurance company said it was my partner's fault based on the traffic police report which upon examination of the technical recreation drawing, was totally wrong and contradictory to ITSELF! My partner and I were never able to fully collect damages because we were forced into endless depositions, and then he died.

[@jekku4688]

Wow. This incensed me hearing that a) the guy was DRUNK and b) got away with near murder; c) he had a freakin Mercedes yet d) Mike had to pay $12,000 (not 12 _hundred!)_ for that car when it was e) clearly HIS FAULT and our justice system failed all around. God bless you Mike for being the better man. I just pray that that asshole pays in some way for his recklessness. It's just wrong. 🤬😠😡

[@BradsGonnaPlay]

As someone who has immense love for the album that this is from, I’ve never seen this as the inspirational story it’s supposed to be- because the same exact thing happened to me and it almost ruined my life. He very clearly was affected financially, emotionally, physically, and legally for a long time just to be told “being right about this is less important than you being alive right now” and honestly that’s trash. The inverse is his family would need to just accept the death of their loved one and pay out a drunk driving murderer... that’s an inspirational story to the drunk driver if they can live with themself.

[@strats991]

There are *3* assholes in this story; the on-the-scene cop, the captain, and the drunk driver.

[@prnoiawegf55]

Something similar - at least thematically - happened to me after a waitress spilled boiling hot water all over my legs, groin, arm and stomach at a restaurant in Portugal. My family gaslit me, telling me not to make a big deal out of it. Although the waitress admitted fault, the owner of the restaurant made up a defamatory story about me, and called me despicable. And of course the CCTV cameras weren't working that day 😉 I went through all the obsessive thoughts and feelings detailed in this video. The months and months of emails and phone calls and meetings with lawyers. In the end: giving up, and acceptance, and letting go. One can't really win this type of case in Portugal, not in one's own lifetime. I couldn't do public with the story, as the restaurant owner is a local wannabe gangster, and knows where my elderly parents live. The restaurant still hasn't paid a penny towards my medical bills and loss of income. I'm sure the whole thing would have been an easier pill to swallow, if I believed in some sort of cosmic justice - but I don't 😂 Love Mike Birbiglia for his sensitivity and humanity, and philosophical perspective. This sort of thing is not easy for the ego to take.

[@totallytivo]

Guys, if he made this horrible experience into a Netflix special, he got paid more than $12,000. Yes, the accident aftermath is maddening, but he turned it into a positive.

[@howard5970]

he specifically said "This is about principle. This isn't about money." THIS IS CHINATOWN

[@sammyasher]

And those cops destroyed more lives in the meantime, of people who didn't get fat netflix checks. This is not an inspiring ending.

[@DaddyRaysTM]

I must have missed the whole point of his story because I am just pissed off at everyone involved and all the step that lead up to Mike paying the 12 grand.

[@HoloceneDreams]

plot twist: mike had a chip implanted inside him by the CIA to stop asking questions about the case. mike is now controlled via electrical impulses from satellites to suppress any thoughts involving "being right" or questioning authority.

[@Homitu]

The point is that while unjust moments will forever suck - and, ideally, they will always be rectified - it's important to recognize that the continued source of your pain only comes from ruminating over the injustice. You can end your moment by moment suffering by ceasing to ruminate over how right you were and how unjust it is that nobody believes/agrees with you and just letting the situation go. Of course, this particular situation additionally comes with a $12K penalty, which is non negligible for most people. The concluding point kind of exists as a general point notwithstanding additional penalties like this. But I take it $12K was completely feasible and not life-shattering for Mike.

[@KlaudiaBee525]

Daniel maybe it dawned on him that he actually was wrong😂🤷🏻‍♀️

[@davidadams2395]

@@Homitu But Jim Bosworth was drunk and charged. I mean, to have to pay the damages caused by a drunk driver is an insult.

[@pauljohnston8011]

Exactly beautiful, be pissed off. Be eluded too....

[@kuroneko2788]

I was really hoping he would find justice. I'm surprised a lawyer didn't want his case. This makes me sad.

[@marvinmartin4692]

Lawyers are jerks!

[@Vinniegret]

Mike Birbiglia is the best.

[@cmilne5160]

One of the best of our era!

[@donominame8859]

Such a fantastic, unique storyteller. I am. Putting him up there high.

[@marvinmartin4692]

That was beautiful! Perfect!

[@chickensdontclap147]

It is quite striking that the whole comments section here is dudes not being able to give up on being right. I love this story.

[@HSVPatrick]

But he was fucking right, it's a bullshit story.

[@yessum15]

Yeah dummy, because if we were all so quickly resigned to being losers nothing would ever get better. The guy who hit him will keep doing it until either he kills a kid or someone takes him to task for it. Get outta here with your lazy cowardice disguised as wisdom.

[@strats991]

Yeah, just a bunch of idealistic morons who haven't yet learned that life isn't fair. Even though I know kids who understand that concept and are capable of moving on, it's much tougher for a bunch of fake tough keyboard warriors. Just goes to show that life's lessons aren't learned by most people because they're either not listening or their idiots... or idiots who aren't listening.

[@singhamaninder5836]

Well written! And well executed! Awesome!

[@pamelawillis1843]

As always he is great and so funny. I love watching his videos 😁

[@iamjustsaying4787]

You can tell a cop “No” if you haven’t committed a crime.

[@6ftS]

that is a great story. very well told indeed

[@chrisk5651]

Told well but has a terrible ending (and middle - I guess that the story is mostly terrible ).

[@timothyward8695]

This is remarkable! Absolutely beautiful realization!

[@veeelle2275]

I'm DYING to know..... Who in the hell was the other driver? the cop"s kid? the Police Chief's kid? the Judge who married him and Jen? Or HIS kid? Anybody?

[@veeelle2275]

@Cripple Bear Powerful people cover for their own. And this was a cover-up.

[@simonfea2]

Not Oona! Never.

[@frankiemacaulay9417]

Jim Bosworth is a name he uses on Girlfriend’s Boyfriend, joking about if it was a movie trailer. I was hoping to find word of a justice/happy ending all these years later (besides marrying the love of his life, of course).

[@JupeAma]

and cops wonder why so many people think they're assholes

[@kaimerra2608]

Powerful!+

[@madisonpoiry216]

I got "t-boned" in a car accident almost a year ago. It was a blinking yellow light, we yielded and started to turn when a driver going at least 15 over the speed limit hit my side of the car. I had to be taken to the hospital in an ambulance and couldn't walk from the damage to my legs. The other driver admitted at the scene that he was driving a rental car because he'd been in an accident earlier that DAY. He also told people not to call the police and told witnesses I was fine (I was stuck in the car). The police did not check him for drugs or alcohol, just wrote up a vague report and took off. We ended being found at fault through insurance and got a bill for his rental car. We fought it by showing how both cars were totaled, and we had been spun 180 degrees. The speed limit was 30 mph in a residential area. I'll tell you, this story kept popping up in my head when I'd show people pictures from the accident. It really sucks how much hinges on those police reports.

[@kimyoung3946]

Mike I love ya but I would have never gave up and never paid for that car!!! Now he probably thinks he can get away with anything he wants to do. However you are such a nice person that it pisses me off to see you being taken advantage of like that.

[@howard5970]

agreed. it really sounds like he did everything he could though. he tried suing but no judge would take his case, what can he do... :(

[@gabrielmaroto18]

Amazing !

[@gabrielmaroto18]

A Hoot I like that !

[@lostinlost23]

Extremely intelligent....given..very entertaining

[@BM-pe8ez]

I like the whole realization of life. But fuck that dude who crashed into you. I don't believe in karma, but i do believe he should burn. This story makes me so mad

[@simsum1argh882]

I love this guy's comedy. Beats the hell out of Rich Vos..

[@mollycorkle6628]

Birbiglia for prez.

[@watchmeplayenergy281]

That was so depressing

[@kryptico2240]

Anybody who told mike to not continue suing is a snake. You heard that, Jenny

[@Zaemon037]

Andy such a bro.

[@GummoNZ]

So does that mean he has a criminal conviction?

[@LittleMissActing]

He would just have the accident on his record. Not the DWI.

[@BryceEdwardBrown]

My Girlfriend's Boyfriend is easily my favorite stand-up act ever

[@stacehansen3140]

Really should have taken my shower before I watched this.

[@thirteenfox4948]

Man...im trying to deal with this case from my county that the officer "mixed" stuff up and now im dealin with all sorts of shit from court.. my lawyer has been 0 help...idk wtf to do..

[@user-nw6qp1ki2n]

1:23 👆🏻😂👆🏻😂👆🏻😂

[@zadition9095]

Lol thank you I cudnt understand y he would still marry Jenny and then Mohammed time stammed it, 😉 nothing good was gonna happen in his life again

[@siulumlion]

The right thing to do would have been to pay the $12,000, and then pay another $12,000 to have a professional Black & Decker the guy, IRA style.

[@Joshk750w]

Problem was the guy who hit him had more money than god, and his lawyers know it.

[@KatieGray1]

I'm confused. He made a right turn so doesn't that mean you have to yield to oncoming traffic? So even if it's a drunk driver they have the right away. Unless I am misunderstanding what he's saying.

[@chriskerr8736]

it was at night and the drunk guy was speeding without headlights

[@KatieGray1]

@@chriskerr8736 thanks. the no headlights thing at night explains why he didn't see him. can't believe he wasn't more injured.

[@louisajaustin]

That's bullshit he had to pay for the drunk driver's car! Where is the justice in that?

[@BusyB07]

Prerequisite to marriage right here

[@clearfield2009]

This is 2009

[@rcoverc]

7:30

[@lukepelletier8580]

love mike birbiglia but he looks like michael keaton's joey-bagga-donuts

[@thresholden]

Yeah, fuck that. Get a better lawyer and don't bring it up during dinner. Don't be a chump.

[@montanaelkwhisperer1744]

noone gets the whole point of this story. that being....marriage requires a man to completely give up every shred of dignity and self-respect, and learn to not fight for himself even when he knows he's right! she used the accident as the hammer to break his will, and get him to surrender! hell....she probably hired the drunk driver to hit him!! 😂🤣😂🤣😂🤣😂🤣😂🤣🙋

[@user-jr9xd7cs6z]

Cops! Ugh

[@bennystanley5839]

So... you gave up 😕

[@eavesDropSound]

The point just flew over your head, didn't it?

[@bennystanley5839]

I guess it did Please explain I’m not even kidding

[@eavesDropSound]

His point is better elaborated in his stand-up special, "My Girlfriend's Boyfriend" and throughout the stand-up he makes it a point that he's always right, even at the detriment of himself and everyone around him. However, although he was right in this scenario, his girlfriend made it a point for him to focus on being alive rather than being right and winning a case no one else wants to take. It's a life lesson, he's implying. My personal views, as a spiritual student, is I see a deeper message of how we, as souls, aren't always on this planet for material success. We don't always get what we want because that's not why we're here. Each person has an inner lesson to learn, and, outwardly, it seems it is meant to destroy us when its actually meant to evolve us.

[@eavesDropSound]

@Gunter Schtubert he did...

[@strats991]

@Tom Dantzig Wow, calling yourself a thinker is the most hilarious thing in this comment section. That's about the dumbest thing I've ever read in so many ways. And the worst part is that you're apparently too stupid to get the point even when it's spelled out for you. Sure; let yourself be consumed by anger, resentment, turn into a complete asshole to your friends and family, have nothing else occupying space in your tiny little mind, get shunned by everyone who eventually gives up on trying to knock some sense into you, eventually get divorced because you can't recognize that sometimes life is unfair, put every penny you own into legal fees, and with still no guaranteed end or even a positive outcome. Why not? Far more likely a scenario where you're way past being too dumb to move on, you end up alone, penniless, a shell of a man with nothing intangible to his name but the feeling that you were right in this one particular instance. That's a remarkable amount of short-sightedness and inability to think of the consequences of those decisions beyond a matter of minutes. I'm glad that I never have had anyone in my life that immeasurably stupid and hope for your sake that after reading this, you recognize how purely idiotic your rant was. Otherwise, you're a lost cause.

[@antondatsenko2807]

This is a very very very bad lesson

[@Frisenette]

This is totally unbelievable. It’s very very simple. Have someone look at the wreckage. You don’t hit someone sideways. If the guy had too much to drink, he is obviously the main suspect. It’s simply totally unbelievable. And even more unbelievable that Mike just didn’t say those things. It one of the rare stories by him that totally and viscerally falls apart.

[@ryanbrown982]

It's 100% believable. A lot of people settle on lawsuits they would absolutely win because the cost to take it to court would bankrupt them.

[@luchalibre4810]

No

[@ExigentZero]

Absolutely pathetic. I would never pay 12k for something I didn't do. Never. You let somone get away with a crime against you which could have taken your life... WTF Mike.

[@kento369]

Well, I guess you can go and never have any friends, and lose your future wife, still be found at fault and go to jail when you continue to refuse paying. But I'm glad your so happy with your life's path.

[@oxyharrington4287]

He wouldn’t go to jail for refusing to pay. Debtors prison does not exist anymore. He would be harassed by Bill collectors, and his credit score would be ruined. @@kento369

[@matthewreichlin4993]

Firstly, you were at fault. If you come to a stop, and then go when you think it is clear, but then someone hits you, it was not clear and you should not have gone. if they estimated the other vehicle's speed, that could have been a mitigating factor, and if they could establish no headlights, that might also. But, in theory, if you stop at a stop sign, then go, but get hit, then you are at fault unless the other car ran a stop sign or light. Secondly, why would the rental car company tell him he has to pay? Wouldn't he have liability insurance? And, no wonder no lawyer would take it. But if he wanted to, he could have paid a lawyer to do the case. But it would have been a waste of money. First time I heard this, I didn't think about it, and thought he was right. But even then, I hated his smug superior attitude about not fighting something looking at the bigger picture. You don't obsess over it. You just hire a lawyer and handle it. Can't really stand the guy. Yeah, I listened to it, but just to see if I still hated it as much as when I heard it on the radio. I did.

[@jeffincanada5060]

WHISPERING?????? HOW THE HELL ARE WE SUPPOSED TO UNDERSTAND YOUR VIDEO when we can't hear it?

[@kstutz81]

Love this guy. But this is bad. Sounds like Sleepy Carl took over that day. The original version of this is freaking gold though. Dude’s hilarious!

[@bipolarbear27]

@Gunter Schtubert your ignorance of a situation you've never experienced lets you say that with what you think is conviction.

[@gigglioronanomicon]

Bored insurance pro here. Funny skit, but the cops were absolutely right in determining he is at fault. They didn't want to bother explaining it to him because its too much work. Hope this clears things up for you Mike, if you one day read it. - After looking at the intersection, Mike had a stop sign, the drunk driver didn't. The drunk driver had the right-of-way. Failing to yield to the other driver is the primary reason why Mike is at fault (at least majority at fault). - Any adjuster who looks at that report will understand what the cop meant. Typos happen all the time. No need to get the report corrected. - The other driver not having his lights on can reduce some of Mike's liability. However, the street has streetlights. A prudent driver would have been able to see the other car coming, lights or no lights. Pedestrians don't have headlights either. - Being drunk is more of a criminal matter, not a civil one. It can be argued that the drunk driver could have tried avoiding being hit if he was sober, but it will only lessen Mike's liability, not absolve it. - Speeding can also lessen some of Mike's liability, but not absolve it. - Ultimately, I'd say Mike is liable for 60-70% of the other driver's damages. That might have been priced in to what he paid for the damages to the Mercedes. I'd wouldn't be surprised if he got another bill demanding to pay the other driver's medical bills too. - Unless Mike was driving without insurance, in the end I doubt he paid anything out of pocket.

[@matthewreichlin4993]

I didn't examine the accident closely, so I will take your opinion on that. But I can't see why his insurance company would not pay it. I mean, it doesn't matter who is at fault. Liability insurance covers you. And, as they would have to cover the bill, they would surely go to court if they thought he was not at fault. they don't leave it to the driver to defend themselves, because they are paying. So, if anything, his story is a bit false, as he would be covered by insurance. he said it was a rental, didn't he? I am sure you have to have some liability insurance to rent a car. I suppose you can decline insurance maybe, or be covered by your own policy, but I don't think they allow that, because they would have to pay as the owner, then try to collect from the renter. on top of that, sure ,a lawyer will not the the case on contingency as there is little money to be made, just for damage to the car. But, if you had to pay 12 grand and you were truly in the right, you could hire a lawyer for half that or less to represent you. Plus, getting the accident report changed is not the only way to win in court. All you have to do is establish that you are not at fault. the accident report is only one piece of evidence, and if it is wrong, then it would not be considered alongside the rest of the evidence. So, either the story is not true, or wildly embellished, or he is a dumb ass that does not know how to pay a lawyer a few thousand to deal with it and save him 12 grand. More likely, the insurance company for the rental car paid for it .

[@matthewreichlin4993]

Actually, you are right. Looks like he came to a stop, and thought it was clear to go, but it wasn't. Now, if they had looked at skid marks and established other driver was going at a high rate of speed, or established no headlights, sure, might help his case. But, without any evidence, it is just his claim. For all we know, he just didn't notice it. But in absence of any other evidence, he was supposed to yield to oncoming traffic and did not.

[@oxyharrington4287]

Thanks for posting. How did you know the exact intersection? Also, I think he was driving a rental car?

[@dan-lr4zm]

It's called living in Los Angeles. Don't live in California. Outside of California justice still exists.

[@oxyharrington4287]

He was visiting LA. Had a rental car. Accident was his fault. Drunk driver had the right of way.

[@ronmexico6790]

Boring!

[@lovesupreme6154]

I have tickets to see this cat in June. If there will be forced masks or the new abnormal fear your fellow man protocols in place I'll just pass on the show.

[@icandoit5794]

Fellow man protocol says no show at all

[@johnkrajewski6252]

Boooooo

[@oxyharrington4287]

I’m sure you were missed by all.

[@lonewolfnormanfinndian6129]

why doesn't this guy learn to talk clearly? hes so full of himself he thinks any sloppy words will do?

[@ziggygunz2447]

Do you mean his annunciation or his choice of words?