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I was making a left in a 4 way intersection. I was the second car in line to do so. The first car went well before the rest of the cars and I moved up. The guy going straight up front isn't moving or paying attention of anything so I figure he's either letting me go instead of waiting for the huge line of cars or doesn't know it's green.
Eventually I go and all of a sudden the guy just guns it at the front of my car (not the MINI yet). I pull back straight, he does nothing to avoid me and slams right into me.
Legally I'm at fault because he had the right of way and now to avoid losing my license because I'm a new driver I have to pay everything out of pocket...including fixing his POS truck which looked like it had hit something well before it hit me (rust spots where paint has scraped off kinda gave it away)
The one I'm driving now is actually my dad's and has a totally destroyed headlight assembly and header panel, his truck had a small amount of damage to the bumper and fender, which had made the directional light tilt slightly forward which is why he wants it fixed...he doesn't want water to get in there. Water is gonna get in there anyway and it looks like it'll match the rest of his truck.
Anyway, my question is now after I spend the $1000 (Which is a lot of money to someone just graduating from HS) fixing both cars because mine is actually my dad's which I have until I get the MINI, what should I do to cover my ass? The last thing I need is the guy asking me to re-fix his truck or telling me that he dropped his arthritis medication during the accident and wants it replaced. She I just make up something in writing saying like "I ________ am satisfied with the repairs to my vehicle and will no longer seek any damages from "me".
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
or he set you up for some liability. Something that says your released from further liability is a good idea. Google some legal sites to see if they have a template.
I'm not a lawyer, you may want to talk to one. Last thing you want is the guy claiming some soft tissue damage later.
Before you pay all that money out of pocket to fix his car, consider this:
At any time in the next few weeks, he could decide that he's injured. He can call his/your insurance company and say he's injured. They'll have to handle his injury claim and boom, you have an at-fault accident on your record anyway.
Now... likely he won't do this. But before you pay all the money out of your pocket, just consider you may end up with the accident reported anyway.
Sorry about your accident, hope it all works out okay.
or he set you up for some liability. Something that says your released from further liability is a good idea. Google some legal sites to see if they have a template.
I'm not a lawyer, you may want to talk to one. Last thing you want is the guy claiming some soft tissue damage later.
Bummer....
Matt
It was not hard enough to really cause him any harm and I offered him like 300 bucks just to let it be, because it works and he said he doesn't want any money...just wants his truck to work like it did before hand.
The guy was old and a little spacey...actually quite a bit spacey, but he doesn't seem like a dishonest guy and truthfully I think he didn't realize it was green, nailed it thinking nobody could be there, and didn't see me.
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
Oh, to be young and naive again. I miss those days.
I'm an auto claim rep. I handle bodily injury claims. Trust me, the impact doesn't have to be hard to cause an "injury".
Key word there is "injury" emphasis on the " ". It doesn't take much to find a doctor that will say that kink in the neck is detrimental to normal function.
It was not hard enough to really cause him any harm and I offered him like 300 bucks just to let it be, because it works and he said he doesn't want any money...just wants his truck to work like it did before hand.
The guy was old and a little spacey...actually quite a bit spacey, but he doesn't seem like a dishonest guy and truthfully I think he didn't realize it was green, nailed it thinking nobody could be there, and didn't see me.
But you've got to be aware that there are practically whole industries that have grown up over insurance scams. I hope he's not part of it, but he may be, he may think about how to make more later or even worse, he planned to set you up. When I was about your age, I did a bonehead lane change, clipped a taxis quarter panel, and poped his tire. Helped him fix it, exhanged info and we were off on our way. Couple weeks later got a call from the insurance company that they guy was claiming extensive soft tissue damage blah blah blah..... Anyway, our insurance had to cover it and it sucked, but that was that.....
If what you fear is him claiming injury from the accident after you pay for his repairs you should indeed have him sign a document saying that a. the repairs have made the car like it was before the accident and b. he claims no injuries as a result of the accident. Also, if he hasn't sought medical attention by now for any claimed injury his case is pretty weak. Not zero but weaker than if he'd gone to a doctor or chiro or ER.
__________________ April 07:MCS SS/B/Tuscan Beige/Cream colorline interior/Manual/Conv Pkg/Premium Pkg/17" Flame Spoke/LSD/Chrome Line/English Oak/Xenon/HiFi/Anthracite Headliner. African Blackwood/Amboyna burl inlay shift knob and ebrake handle by Robin Casady (see my gallery) 19mm H-sport rear asb, Bridgestone Potenza G019 Grid non-RF tires. HTC Incredible phone.
I barely hit a Maxima with my old car, and it cost my insurance close to 4 grand. Hopefully you don't have to pay for medical expenses and all that great stuff.
Are you sure you automatically lose your licence? Here in BC you don't lose your N if you're in an at-fault accident. If you were driving recklessly, then yes, or if you're caught DUI, then obviously you would, but this was just... an accident.
I'd recommend going through insurance if at all possible.
If it is as you describe, in California I think he would be at fault. Something to do with the last car able to avoid the accident. You should check the law in your state.
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Robin Casady Bombadil: 2007 MINI Cooper S, R56, Pure Silver, LSD, Wood Shift Knob, Rota Slipstream 16x7, NAV, HIFI...
If it is as you describe, in California I think he would be at fault. Something to do with the last car able to avoid the accident. You should check the law in your state.
agreed, the other person can (some states) be held responsible or maybe even 50% if the accident was avoidable on his end.
__________________ Laser Blue/White MCS delivered 3/8/07. Off lease 5/17/09.
Tigger - 2009 JCW delivered 4/27/09, FMIC, boost gauge, Striped and tinted
Alta AccessPORT tune - 267wtq & 219whp
MINI #3 - 2011 White Silver/Black MCS. Delivered 5/11/11. All glass tinted;bobcat pads;OZ Ultra Leggeras;205/50/16 Starspecs
If it is as you describe, in California I think he would be at fault. Something to do with the last car able to avoid the accident. You should check the law in your state.
Normally I would attempt to fight it but being that if anyone finds out and I'm at fault I lose my license, which is worth $1000 to bury in the sand and forget about. I saved $1250 getting a manual over a stick shift in my MINI, which comes soon, so the way I look at it is this:
--I will pay what I must and not claim it in fear of my license being revoked
--I will learn from the experience and instead of what I did I will be sure to wait.
--I will take it as a lesson in what happens when I don't pay attention (if I were in his position I mean)
and finally:
--when I get too old to properly hear or understand the difference between a green light and a red one...and furthermore hit someone without an ounce of attempt to avoid them; I will revoke my own license.
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
--I will pay what I must and not claim it in fear of my license being revoked
You don't get your license revoked for an at fault accident. If you did, no old people would be driving any more (how sweet would that be .) I don't know how you got that idea in your head.
Right. The only way that happens is if you get in an accident and the officer who investigates give you a major moving violation in connection with the accident... say DUI, Reckless Driving, Vehicular Manslaughter, etc.
And hey, Robin... the "Last Clear Opportunity To Avoid" defense is available in most states but rarely used. In most claim scenarios, it's pretty much impossible to prove.
And let's not try to be Claims Adjusters here on NAM. In complex motor vehicle accident investigations, you might need recorded statements, testimonies under oath, scene investigations, police reports, independent eye witness statements, photos of the vehicles, the estimates, etc. You sure can't do it by a post on message board.
Before you pay all that money out of pocket to fix his car, consider this:
At any time in the next few weeks, he could decide that he's injured. He can call his/your insurance company and say he's injured. They'll have to handle his injury claim and boom, you have an at-fault accident on your record anyway.
Now... likely he won't do this. But before you pay all the money out of your pocket, just consider you may end up with the accident reported anyway.
Sorry about your accident, hope it all works out okay.
+ 1...
This is a very important thing to consider. This can & does happen.
You don't get your license revoked for an at fault accident. If you did, no old people would be driving any more (how sweet would that be .) I don't know how you got that idea in your head.
I would if I've had my license less than 6 months, I just don't want to take that chance...and yes that would be awesome. I swear its like old people week in my town and I can't get anywhere.
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
Really... your State has a regulation that says if you have an at-fault accident in the first six month after being licensed, they revoke your driver's license ? For how long ??
Wow... Sucks for the young people in your State but I have to say, I like that rule. Of course, I've said on this message board before, I don't agree with kids age 16 or 17 driving anyway.
Really... your State has a regulation that says if you have an at-fault accident in the first six month after being licensed, they revoke your driver's license ? For how long ??
Wow... Sucks for the young people in your State but I have to say, I like that rule. Of course, I've said on this message board before, I don't agree with kids age 16 or 17 driving anyway.
You're on probation for 6 months...get accused of anything (including speeding, etc.) and you lose it for 60 days. Get convicted and you lose it for a year.
I'm 18 too, I just didn't get my license because my father refused to sit in the room at the dmv while I took the test for my learner's permit, so I didn't get that until about a year ago. I think I'm an above average driver, but I think we all think that of ourselves. I'm definitely not a bad driver but I've had some moments where I would have acted much differently with a little experience under my belt...then again my dad is 56 and drives for a living yet doesn't use turn signals and drives 60 through 25mph turns in a minivan.
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
It was not hard enough to really cause him any harm and I offered him like 300 bucks just to let it be, because it works and he said he doesn't want any money...just wants his truck to work like it did before hand.
The guy was old and a little spacey...actually quite a bit spacey, but he doesn't seem like a dishonest guy and truthfully I think he didn't realize it was green, nailed it thinking nobody could be there, and didn't see me.
If he was that spacey, in hindsite, you should have called the police. But I know how it is immediately after an accident. You're just not at your best. Had a woman do the same thing to me. I came about 1/2 inch of t-boning her. I pulled into the lot she pulled into and confronted her. She too was very, very spacey. Drunk, on sedatives, or something.
Hope all works out for you.
__________________ I'VE FOUND JESUS!...He was behind the sofa the whole time.
Hmmmmmm... I just noticed you also have a thread where you just ordered a new $25,000 MINI.
Maybe you don't need the military. Maybe you've got life by the balls already.
Well to be fair I tried to buy an $8,000 truck and was told I need something new and economical...so I picked a MINI so at least I could have some fun with it...what fun is a Scion :P
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
You're 18, you've been driving for under a year, AND you think that you are an ABOVE AVERAGE DRIVER.
THAT is your problem.
Until you realize the problems with that statement, you will be a problem for yourself and the people on the road around you.
Just think about it.
Just think about the other people on the road. Above average driver doesn't mean I think I'm a good driver or a mature driver, because that would be ridiculous to think. I do, however, think I'm a little bit better of a driver than that guy that stops 15 feet before a light and holds up an entire turing lane of cars or that woman who looks up from her makeup, only to realize she's halfway into the next lane...at 3 o'clock in the afternoon.
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2009 R56 PW/PW "Jeremy"...6 Speed, Sport, Cold, Hi-Fi, Piano Black, Stubby Antenna, Alta Intake, Alta Hot Side Boost Tube, Functional hood Scoop, Alta Exhaust, Alta Rear Endlinks, Scangauge II, Cooper Side Scuttles, 22mm Alta Rear Sway Bar, KW Variant 1 Coilovers, CravenSpeed Adjustable Short Shifter, NM-Engineering Torque Arm Insert, S.P.E.C. Stage 2.5 Clutch and Pressure Plate.
April 07:MCS SS/B/Tuscan Beige/Cream colorline interior/Manual/Conv Pkg/Premium Pkg/17" Flame Spoke/LSD/Chrome Line/English Oak/Xenon/HiFi/Anthracite Headliner. African Blackwood/Amboyna burl inlay shift knob and ebrake handle by Robin Casady (see my gallery) 19mm H-sport rear asb, Bridgestone Potenza G019 Grid non-RF tires. HTC Incredible phone.
Laser Blue/White MCS delivered 3/8/07. Off lease 5/17/09.
.) I don't know how you got that idea in your head.
