Got in an Accident today
- Thread starter kerph32
- Start date
Men, I feel your pain. If that was my car, i'll probably kill the guy before the cops get there. Besides, what kinda Insurance do you have? I shouldn't think that it's illigal. Look. If your going to do it, do it now the car is still in your possession. Because, if the insurance comp gets it, you might not see that car again. So go there tomorrow or something and get all the shit you want from it. I did it when my Mitishibush Esclipe was Fu*cked up. good luck though.
Kenny 2G
Kenny 2G
Glad you are ok!
Looks to me like your airbags should not have deployed. And that you should be very thankful that they did not. Airbags hurt! And can break noses. It looks like the truck just kinda hit above the bumper and engine at an angle and messed everything up but didn't hit too hard. Least thats what i got from the pictures. Airbags are more prone to deploy at more 'head on' conditions and when the vehicle experiences greater velocity changes.
You can talk to the insurance company if you are not able to take the rims off in time. They usually let you take anything you want and just subtract some from the amount of compensation for the vehicle (usually they don't subtract all that much though). If you had steel rims though they wouldn't give you as much to start with anyhow. Just talk to them about it. They will let you have them. (from my experience)
Also, if the guy was speeding it is half his fault. The damage might make it obvious he was going over 15 mph, so the insurance company might fight over that aspect. But either way you will have to pay for at least your car. (again from my experience. I was speeding and had to pay for mine even though they ran a stop sign)
Looks to me like your airbags should not have deployed. And that you should be very thankful that they did not. Airbags hurt! And can break noses. It looks like the truck just kinda hit above the bumper and engine at an angle and messed everything up but didn't hit too hard. Least thats what i got from the pictures. Airbags are more prone to deploy at more 'head on' conditions and when the vehicle experiences greater velocity changes.
You can talk to the insurance company if you are not able to take the rims off in time. They usually let you take anything you want and just subtract some from the amount of compensation for the vehicle (usually they don't subtract all that much though). If you had steel rims though they wouldn't give you as much to start with anyhow. Just talk to them about it. They will let you have them. (from my experience)
Also, if the guy was speeding it is half his fault. The damage might make it obvious he was going over 15 mph, so the insurance company might fight over that aspect. But either way you will have to pay for at least your car. (again from my experience. I was speeding and had to pay for mine even though they ran a stop sign)
good points about the airbags, i'm sure the car did what it was supposed to.
I do plan on having the insurance company fight for me... I have many witnesses that the cops didn't bother to ask for statements from (the whole girls tennis team saw it happen and told me how fast he was going and how it looked like he was in the middle of the road, not in his lane)... yet the cops took no statements (due process??)
thanks for the input!
I do plan on having the insurance company fight for me... I have many witnesses that the cops didn't bother to ask for statements from (the whole girls tennis team saw it happen and told me how fast he was going and how it looked like he was in the middle of the road, not in his lane)... yet the cops took no statements (due process??)
thanks for the input!
I think mjbst111 is right, the airbags should not have deployed. They can be very dangerous. I found this on a technical site.
The following four steps show how the SRS airbag works:
In an impact, sensors in the vehicle detect the sudden deceleration. If the crash is severe enough electricity flows to the inflator and causes ignition of the gas generator.
The gas generator then rapidly burns in the metal chamber. The rapid burning produces inert gases and small amounts of dust. The inert gases and dust are cooled and filtered during inflation of the airbag.
The inflating airbag splits open the trim cover. The airbag then rapidly unfolds and inflates in front of the occupant.
Note: these steps take place in a fraction of a second.
After inflation, the gas is vented through openings or open weave areas in the airbag. Airbags deflate in under a second and may be pushed aside for occupants to exit.
When should it work?
There is a general misconception that airbags provide a soft cushion and will prevent bruising or other minor injuries in low severity crashes - this is incorrect. SRS airbags are designed to reduce peak loads on the head and chest in severe crashes (those where death or long term brain injury are possible). When deploying, the airbag is firm, but it absorbs energy as the gases are released through the vents.
The following four steps show how the SRS airbag works:
In an impact, sensors in the vehicle detect the sudden deceleration. If the crash is severe enough electricity flows to the inflator and causes ignition of the gas generator.
The gas generator then rapidly burns in the metal chamber. The rapid burning produces inert gases and small amounts of dust. The inert gases and dust are cooled and filtered during inflation of the airbag.
The inflating airbag splits open the trim cover. The airbag then rapidly unfolds and inflates in front of the occupant.
Note: these steps take place in a fraction of a second.
After inflation, the gas is vented through openings or open weave areas in the airbag. Airbags deflate in under a second and may be pushed aside for occupants to exit.
When should it work?
There is a general misconception that airbags provide a soft cushion and will prevent bruising or other minor injuries in low severity crashes - this is incorrect. SRS airbags are designed to reduce peak loads on the head and chest in severe crashes (those where death or long term brain injury are possible). When deploying, the airbag is firm, but it absorbs energy as the gases are released through the vents.
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Very interesting info Bryan, thanks for that.... really opened my eyes as far as airbags go
Another thing-- if it is totaled, what do you guys think about buying cars over Ebay? There are some great prices on 1997 M3s on Ebay... but the whole notion of buying a car without driving/seeing it really concerns me. Opnions?
Another thing-- if it is totaled, what do you guys think about buying cars over Ebay? There are some great prices on 1997 M3s on Ebay... but the whole notion of buying a car without driving/seeing it really concerns me. Opnions?
the whole thing sucks! car looks repairable though, the way they see things. you need to demand that the liability/fault be subrogated to reflect the reckless driving on his part. my 96 Z3 was sandwiched by a dui driver, prolly totalled if estimated by a third dis-interested party. but i let the other guys' company take care of it and now i'm still paying on a piece of rolling operational junk. looks like you need some sheetmetal, hopefully it missed the frame rails? if it is just sheetmetal, it'll be fixed. at least that's what they call it.
The cops usually blame the younger drivers and/or the ones who drive much better cars even if it's almost impossible to believe them, especially if the person is under 25. My friend's sister was driving in heavy traffic and after stopping this old (70+) dude rear ended her. The cops blamed her, they said she braked too hard, that is crazy, I mean really, that's nonesense, no matter how hard you brake the person behind you should keep his distance, that's in the rules. I don't remember exactly what was the percentage of fault they gave her but it was a lot for that type of collision. In your case, they have a point, you were pulling out of a parking lot without making sure it was safe, no one cares how fast or where the other dude was going or why you couldn't make sure it was safe. Cops are wierd in most cases and can do pretty crazy stuff, I know it's hard to believe but you may be screwed, you will get the money for the car but the insurance rate will go up so much, that you will pay for your car in 5 years or so. Sorry for breaking such bad news to you, I just thought you mght want to know about it.
Yeah, being 19 does have its downpoints...
I plan on suing the police department for not following due process though. They asked no witnesses (the whole girls tennis team saw it happen and saw how fast the guy was going) and their reconstruction of the accident was blatantly wrong according to all of them. Its required by law to ask for witnesses.
They said he was "flying" and that he was in the middle of the road, not even in his lane.
Also... as soon as the cops got there, the other driver walked up to them and they sure seemed like they knew each other, the way they were slapping hands and talking. That sort of thing won't fly in court.
If I had my law degree this would be over![[}:)]](/images/smilies/icon_smile_evil.gif "Evil [}:)]")
I just hope I can find a lawyer that sees these facts the same as I do
The basis the cops gave for it being my fault:
1. I didn't come to a stop at a Stop sign -- which I didn't, I came to a creeping stop to peer around the truck that was parked and obscuring my view. The stop sign was irrelevant, it was 20 feet behind where this truck was.
2. Failed to yield while making a right-hand turn
3. Crossing double-yellow lines
I have valid defenses and even flat denials for these which are true. The state trooper at the scene threatened to take ahold of the case and give me tickets for each of these 3 things if I didn't stop disputing these "facts"
I plan on suing the police department for not following due process though. They asked no witnesses (the whole girls tennis team saw it happen and saw how fast the guy was going) and their reconstruction of the accident was blatantly wrong according to all of them. Its required by law to ask for witnesses.
They said he was "flying" and that he was in the middle of the road, not even in his lane.
Also... as soon as the cops got there, the other driver walked up to them and they sure seemed like they knew each other, the way they were slapping hands and talking. That sort of thing won't fly in court.
If I had my law degree this would be over
I just hope I can find a lawyer that sees these facts the same as I doThe basis the cops gave for it being my fault:
1. I didn't come to a stop at a Stop sign -- which I didn't, I came to a creeping stop to peer around the truck that was parked and obscuring my view. The stop sign was irrelevant, it was 20 feet behind where this truck was.
2. Failed to yield while making a right-hand turn
3. Crossing double-yellow lines
I have valid defenses and even flat denials for these which are true. The state trooper at the scene threatened to take ahold of the case and give me tickets for each of these 3 things if I didn't stop disputing these "facts"
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Kerph 32...
I'm really sorry to read about your misfortune. It seems like a lot of great Bimmers are getting wasted nowadays.
Where are you going to school? Here in California...there are several courses of action you could persue (not sure if they apply where you're living.
You can go to the traffic court and fight the allogations of the police officer. Granted that in the state of California..there are extenuating circumstances. Maybe these will help you...
1. Unsafe visibility for the area you were pulling out of. The school may be liable because the way that the intersection is concieved does not allow a person to safely make a turn without putting him/herself at risk as well as other drivers. City planners and road developers must take this into account when putting roads in. That's why in CA, you can't park within 50ft. of an intersection. In which case, you may be able to sue either the state/city or the school for putting you at risk.
2. The fact that you have multiple witnesses (hopefully 3+) that will say roughly the same thing and are willing to go on record of the cop reporting inaccurate information and say that no one was approached for statements...that's another huge item that you have in your corner. Here in SF...cops are getting fined/suspended or even jailed for doing whatever the hell they want...thinking that no one will challenge them, simply because they are cops. WRONG.
3. As far as the salvaging of your rims are concerned...there are several options that you have (from personal experience). You can take the settlement value of your car, less the salvage value (what the Ins. company would be able to get for the wreck at auction - usually 1-2500 depending on how salvagable it is) and you get to fix it yourself...or part it out and buy another car. If you have a place to put the wreck...this is by far the best choice...because where cars are concerned, the sum of the whole is not equal to the sum of it's parts.
You can take the settlement value and find another car...
I hope that I've been able to help a bit without being a post-whore...
If you need anything better explained or clarified...just say so![[cheers]](/images/smilies/icon_smile_cheers.gif "Cheers [cheers]")
![[wiggle]](/images/smilies/icon_smile_wiggle.gif "Wiggle [wiggle]")
I'm really sorry to read about your misfortune. It seems like a lot of great Bimmers are getting wasted nowadays.
Where are you going to school? Here in California...there are several courses of action you could persue (not sure if they apply where you're living.
You can go to the traffic court and fight the allogations of the police officer. Granted that in the state of California..there are extenuating circumstances. Maybe these will help you...
1. Unsafe visibility for the area you were pulling out of. The school may be liable because the way that the intersection is concieved does not allow a person to safely make a turn without putting him/herself at risk as well as other drivers. City planners and road developers must take this into account when putting roads in. That's why in CA, you can't park within 50ft. of an intersection. In which case, you may be able to sue either the state/city or the school for putting you at risk.
2. The fact that you have multiple witnesses (hopefully 3+) that will say roughly the same thing and are willing to go on record of the cop reporting inaccurate information and say that no one was approached for statements...that's another huge item that you have in your corner. Here in SF...cops are getting fined/suspended or even jailed for doing whatever the hell they want...thinking that no one will challenge them, simply because they are cops. WRONG.
3. As far as the salvaging of your rims are concerned...there are several options that you have (from personal experience). You can take the settlement value of your car, less the salvage value (what the Ins. company would be able to get for the wreck at auction - usually 1-2500 depending on how salvagable it is) and you get to fix it yourself...or part it out and buy another car. If you have a place to put the wreck...this is by far the best choice...because where cars are concerned, the sum of the whole is not equal to the sum of it's parts.
You can take the settlement value and find another car...
I hope that I've been able to help a bit without being a post-whore...
If you need anything better explained or clarified...just say so
Jason- thanks for all the info, I go to school in North Georgia... and the cops do pretty much whatever they want. I plan on telling the insurance company (and therefore their lawyers) everything, and hopefully they'll be able to get it all sorted out.
If they total the car, what you're saying is that I can take what they give me, or keep the car and part it out and buy another car out of pocket? I think the cost of the rims (about $1500 new I think for contours) would be too little to justify not taking the $15K check from the ins company... but I may be understanding you wrong.
Thanks again!
Mike
If they total the car, what you're saying is that I can take what they give me, or keep the car and part it out and buy another car out of pocket? I think the cost of the rims (about $1500 new I think for contours) would be too little to justify not taking the $15K check from the ins company... but I may be understanding you wrong.
Thanks again!
Mike
You can take the settlement value (15-16K) minus the salvage value of the car...which is usually 1500-2500, if you want to keep the car and salcage parts off of it and sell them. THis means you'll get a thousand or two less from the insurance company...and still get to keep the car. This way you actually stand to make a bit more money...and if the next car you pick up has a couple of flaws...you can use the parts from the old one to fix the new one.
Does this make better sense?
Does this make better sense?
Keep the contour rims, if you want, I have a stock set of rims you can pickup here with tires pretty cheap to help you out. I use them as my winter rims with the ocean salt water. If not, go to a junk yard and pick up some CHEAP used rims to mount and replace. Just looking out for ya. Insurance pays NOTHING for aftermarket or upgraded rims and tires.![[:(]](/images/smilies/frown.png "Frown [:(]")
Yeah that makes perfect sense Custom3, thanks. Sounds like the way to go, if I can do that.
I hope I get a decent settlemtn value for my car... kbb.com says $10,500 ! I just checked on that, I had no idea it was that low!! Wow I can't believe that... how do insurance companies figure how much to pay on totaled cars?
I hope I get a decent settlemtn value for my car... kbb.com says $10,500 ! I just checked on that, I had no idea it was that low!! Wow I can't believe that... how do insurance companies figure how much to pay on totaled cars?