bpmurr

I was down in Federal Hill in Baltimore City Friday night and was t-bone by another car at close to midnight. I had just got down there and had three friends in the car with me. I went to make a left turn and was hit by anoncoming car. I thought I had plenty of time and in the process of turning I realize the car was a lot closer. I had already committed to the turn so basically we all braced for impact. It happened extremely fast like all accidents seem to do. It was raining extremely hard so the guy had no chance to stop when he realized I was turning (probably playing with his radio) and of course my wheels spun a bit trying to get through the turn faster.

I was able to drive the car off the road. I checked with everyone and the girl in the back were shaken up. My friend in the passenger seat was fine which was surprising considering he took the brunt of the impact. The police started yelling at the guy that he was speeding and he was lucky they weren’t running radar. As it stands right now there is not a police report because they weren’t going to write one since nobody needed to go to the hospital.

I called my insurance company Saturday morning but got their answering service. I’m going to try to contact them Monday when I get an estimate on my car. I’ll post some pictures tomorrow because it has been raining here hard most of the weekend.

As it stands right now it looks like I'll need a new door including the inside of it. I'll also need a new rear quarter panel. Since the side airbag went off I'll probably need a now seat as well. The rocker panel came off so I'll need one of those as well. The car is a mess but I don't think any frame or axel damage was done. At least I hope. Oh and both rims on the driver side got scratched on the curb when I had to move the car so include those as well. I also had a lot of water get in the car because the cover blew off. I floor got very wet behind the passenger seat. Will this cause rust or will I be ok? I tried to dry it up the best I could.


For the members here that are involved with either the police, law, or insurance fields I have some questions. Who is at fault for this? Does the weather play a factor into the ruling as to who is at fault. Should the officer have wrote something up? Since nobody requested medical assistance at the time of the accident have they waved their legal right to compensation? Thanks!

Update 10/10/05 - Pic down below in the post.

05GT-O.C.D.

First off, sorry, glad you're ok and good luck w/ the repairs.

Weather has no determination on who's at fault. If conditions are really bad, and the cop feels the circumstance was unavoidable, he may choose not to issue anyone a citation. How'd the cop know the other guy was speeding?
You didn't mention who had right of way. You said the other guy may have been speeding, but you didn't mention (or I missed it) who had a stop sign/light/etc.
In my opinion (insurance) the officer should have written something up, but all too often, they don't. Bad trend IMO - it causes too many people to get screwed by insurance companies.
Just because no one showed signs of injuries at the scene, and no one went to the hospital, it does not rule out that something my happen in the near future. Soft tissue injuries aren't always reported or evident right away. Therefore, they have not waived any rights.

What 'cover' came off allowing water into the car? - the scuff plate?
If dried up quickly and thoroughly, you should be fine. Think of the Northerners getting to the cars all winter long with slushy, salty, snow boots. Even under those conditions it takes a long time for a floorboard to rust.

Glad everyone's ok.

wyldv6

Did the police take any information from you?

A police report should have been written, because it was an accident no matter if they ticketed anybody or not. Even if no injuries were reported, who's to say that in a few days you or your friends won't feel something (whiplash can show up after an accident).
Did you get insurance infomation from the other driver? He is at fault, you didn't drive the side of your mustang into his front end unless your real good. Don't mean to make a joke, at least everyone is alright except the Stang.

05GT, explains it better than I

bpmurr

Well the speed on the road is 25 and the beat cop who was standing 10 feet away from the accident thought he was coming towards me at a hight rate of speed. I don't have the other drivers insurance info. I do have his name, license, phone, and vin that the officers had us exchange. I also have his front plate in the front of my car that he left. The guy bolted pretty quick so I have a feeling he might have been drinking. Well I was turning onto a one way street but there was no light or stop sign.

Water got in the car because the window would not stay flush against the car. There was a 1/2 inch gap that water could get in. It got all over the inside of the door which didn't matter but the carpet was soaked.

dleal00

What?!? If someone pulls out in front of you and you are going the speed limit and you tbone them, it is NOT your fault.

Sorry bpmurr but if the other driver was driving under the speed limit and was not drinking or impaired in any other manner it is your fault. That police report might come back to haunt you because even though the officer said he was speeding, he didn't write it in a police report which is what the insurance company wants. Even if one is filed later details might be shady and the insurance companies will not want to claim 100% fault to someone. Good luck but from the sound of it, you might be on the hook.

bpmurr

Yeah thats kind of what I thought. I guess I'll have to see how all this shakes out when I get rolling with the insurance company. I was mad that I didn't get a police report. I do have the officers name and badge number. Not sure how much good that will do for me.

I will say that this car has great side impact protection. My best friend in the front passenger seat ended up staying out till 4am partying. The door on his side took most of the impact so I'm suprised.

05GT-O.C.D.

Just plan on the insurance companies agreeing that it's your fault. Consider it a miracle and gift if it's determined otherwise. I know that's not what you want to hear, but it is what it is. They're called accidents for a reason, and you pay your insurance for this reason. Don't loose too much sleep over it (I know, easy for me to say).

Now here's a tip for you. Don't mention your lowered suspension to the insurance adjuster who comes out to look at your car. Some insurance companies will consider that a performance mod, and you may be dropped if you think you race your 'Stang. Same goes for CAI's, etc.
The kid's wrecking their modded Honda's have insurance companies real touchy on this kind of stuff.

bpmurr

Well with the Steeda drop the car doesn't look lowered like some the the imports you see running around. I won't give out any "extra" information. The rims aren't stock so it's hard not to notice them. I think they should be covered since they are replacing an existing part in the car. Oh I am going to lose sleep over it because I'll probably get dropped. I totaled a car 3 years ago and I've been paying out the butt to drive ever since. I have no idea what this is going to do but I think $2400 to drive a Mustang at 26 is a little high so I can't think of it higher....

Treadhead

Bummer but, glad you and your friends are okay. Like the others have said it would probably be you listed at fault. Even if the other guy was speeding it is your responsibility to insure it is safe for you to turn in an open intersection.
Every police dept has a different set of guidelines for accident reports. Here in Ft Worth if everyone has a license and insurance and there is less than $1000(or maybe $1500) damage then we are not required to make a report. It all depends on where it happens.

WERKED 66

as far as i know cars turning have to yeild to the right of way which would be the other guy going straight.this might not be the cause on the road but..but that`s the law...you are going to get the worst of it from the insurance company..sorry to hear what happened and glad eveyone is ok..good luck....

schmalex

Another side note check into if your state is whats known as an "at-fault" state meaning that no matter what both drivers are partially responsible if even 90%-10% i know wisconsin is because i was in a similar situation as you when i totalled my camaro. It will lighten the burden on your insurance company

lodom

I agree with Jimmy, here in TN I think a ticket has to be issued if there is damage over $1000, and any officer would have known there was more damage than this. It sounds like the officer was just lazy and didn't want to to write the ticket. Of course laws vary from state to state.

Unfortunately, your insurance co is likely charge you, since comparative negligence could easily be proved, even if the other driver got the ticket. Sorry, but I've been there before and the other driver went to jail in my case, but in the end I'm just glad no body was hurt and the car seems like it will be ok after it is fixed.

bpmurr

Here is a pic, I'll have to wait till I get home to edit the others to be smaller. I got a call from the other drivers lawyer. The fact that he lawyered up has me concerned. Oh yeah and he is hurt now too! :angry:

05GT-O.C.D.

That hurts to look at. Don't worry about the other guy and his lawyer - this is why you pay your insurance every month, let them handle it for you.


I keep looking at that pic of your car. -Good luck on a speedy and quality repair.

bpmurr

Well that worries me about this is that 6 years ago I rear-end an off duty cop that was in his personal car with his wife. He stopped suddenly and it had just rained after a long dry spell so the roads were slick. I did like $250 worth of damage to my bumper and he had two silver scratches on his. However he claimed they had terrible back injuries and got $13k and my insurance company didn't even tell me until a year later when they wanted to drop me. This is a different company now but I want to make sure they aren't being taken to the cleaners because the bottom line is it effects my ability to be insured in the future.

FinlayZJ

I'm not sure what you can do, but here's something similar.....

My brother hit a lady going ~10mph. he barely scraped the side of her car. It basically peeled open the the rear 1/4 panel. All-state called us saying she is claiming injury ($15,000 worth), and we told our agent there is NO way she was injured. She denied treatment at the scene. And she was out walking around her car, and picking stuff up out of the trunk at the scene. All-State said they'd get back to us. 3 days later we were informed they told her lawyer to eat poo and they dropped the injury claim.

If they claim tons of injuries, you could hire a cheap PI to follow them for a day. Then countersue in small claims court to recoup the money you spent on a PI.

bpmurr

Well in this case the guy walked about 50 yards up the street to a local pizza place so we could exchange information out of the rain. He seemed to be walking just fine and he didn't ask for medical assistance on the scene. I realize he might be sore the next day but that is about it. Now he could have also got a lawyer because he has a bad driving history and wanted to protect himself incase I came after him. It might not be as bad as I think but right now I'm expecting the worst so anything less is a blessing.

bpmurr

I had the investigator from my insurance company call me today. She said that the guys lawyer is suing for medical damages in addition to vehicle damages. I explained what happened in as much detail as I could. She said that in Maryland they have something along the lines of contributory negligence. If they can have the police office even say that he thought the guy was speeding since he did see it first hand it would be a help. Then they can tell the lawyer and his insurance company to go fly a kite because the accident probably wouldn't have happened had he not been speeding. Looking at the damage he probably was doing more then 25 MPH to do that kind of damage if you factor in some kind of braking. It will be interesting to see how this plays out. I’m not going to be somebody’s payday. I don't want to see him go from a Mazda 626 to an AMG S65 if you know what I'm saying.

adrenalin

Murray, sorry to hear what happened. I do find it odd that the officer didn't fill out a report. Anyway, hard to say if the guy was drinking or not, but I am sure the cop would have caught onto that if he was. Unfortunately, since you did turn in front of him I think the liability rests on your shoulders. Hopefully you can get a statement from the officer regarding his thoughts on the guys speed however, I am sure in court it will be dismissed because there is no proof that he was speeding. The guy might not be injured but then again he could be. I know someone that was rearended 16 years ago. She got out of the car, exchanged information, etc. 3 days later she ended up in the hospital and for 2 years had to wear a plastic torso brace to align her spine. She received whiplash and the swelling in her lower back caused her some serious pain due to the pressure on the nerves.

I'm sorry but you are making more and more excuses as to why it is the other guys fault. Seriously, you say "It was raining extremely hard so the guy had no chance to stop when he realized I was turning (probably playing with his radio)". Come on. Playing with his radio, speeding and possibly had been drinking. So, other than making the turn, in front of an oncoming car during a rain shower, what else were you doing?

Not trying to flame you here, just trying to figure out why you don't think you are to blame.

uofh2005

Sorry to hear what happened, but it does.

About the police report, i was in a three car accident hit from behind by some guy that was drunk. He never even hit the breaks, totalling the car behind me and smashing my backend in for a total in damages of close to $25K and thats not including his truck. The car in the middle called the cops-HPD told them since no one was hurt to exchange info and then file a report. So i can say cops dont seem to come to the scene any more.

Just a heads up, you might also expect to be without your car for a while. Some parts are still on National Backorder! Took the bodyshop 2 months to finish my car.

Well I hope everything works out quickly and well.