Rebel73

Dude,

that really reverse blows! Your car was looking sweet...

this is not a lecture. We all make mistakes, but I guess the fact that I'm also a biker has made me a safer driver. On a motorcycle, the fenders are your own flesh and blood, so I always make a quick left and right visual check before turning or entering an intersection. This has transferred into my driving. I honestly believe anyone who wants to become a better driver should ride a moto for a while. It will enhance your awareness BIGTIME.

Hope you win the case and get your ride looking good again...
in the eyes of the law, the case should be judged on its own merits regardless of both your past histories, but we know how that goes. Good luck.

max2000jp

Any idea how fast she was going when she hit you? I've seen some bad side impact crashes. This one doesn't look like it did too much damage and the car obviously did it's job in keeping the occupants safe. Cars can be replaced, lives can't.

SurfnSoCal

well, she never hit the brakes.....and the speed limit is 45mph. I think the fact that I knew she was gonna hit me, tried to get past her...and split second decided to turn the wheel....helped absorb the impact. I turned in the direction she was going to spin me, so she just pushed me arround. luckily I didn't just sit there and brace for impact...that would have been a full on T bone.

SurfnSoCal

I also found out she lives 5 blocks from where the accident happened. So she probably runs that light alot....hurrying to get home.

Big-Foot

Sorry to hear about your car man..

If CA is a No-Fault Insurance State like MN is - the investigation will be carried out by the insurance companies. While having all the information possible to report to your agent and investigator is a good thing, I would hesitate or stop short of making a federal case out of it on your own without your insurance company taking the lead role.

This is one time when having a good relationship with the insurance company will really pay off. I would contact your agent and ask if there is anything you can do to support your side of the story.

True Story - about 10 years ago I was driving my pickup truck straight through a controlled intersection and a driver going the opposite direction made a sudden left turn right in front of me. Sure I hit the brakes, but he did not. His RF and my LF fenders came together. Both vehicles were driveable but substantially damaged. The police were there and did not issue any citations. Weather was clear and sunny. My insurance company informed me about 6 months after the accident that I was 40% at fault. I was livid. I called and talked with the Investigator as well as the Claims Officer in charge. Turns out that I was automatically 30% at fault just for being there (makes no sense to me) and the other 10% because "I did not have control of my vehicle" (skid marks from my braking action).. There was no way to refute it or have it removed from my record.
BTW - It's been about 20 years since my last moving violation and that was for a 40mph speeding ticket in a 35mph zone.

SurfnSoCal

--------------------------------------------------------------------------------

UPDATE-

Tuttle Click Repair just called. Estimates about $6k in damages, with all new parts. Including repairing my wheels. Said it would take about 3-4 weeks, depending on how long it takes to get the parts shipped from Ford.

so now if I can just stayed insured.

SurfnSoCal

UPDATE-

Just talked to my claims adjuster. She said based on my statement, the girls statement, and the damage....we wont accept anything more than 0% liability. This is a slam duck case. I never considered this, but this is how she reasoned it. Lets say there wasn't a light. In the state of CA the person to your right has the right away. And because she was going straight...she should have seen me. And, because she never stopped (no skidmarks) and because she hit me toward the REAR of my car...I was already in the intersection...already there. IF she was paying attention....she would have atleast braked. And the damage on her car is the FRONT RIGHT. Which means...because I was turning to her LEFT...she turned in to me. The adjuster was very confident that she will be found 100% liable because that proves she wasn't paying attention. So confident she said she is waiving the $750 deductable because if I pay it they will just be refunding it. Totally opposite with what happened when I was hit on the freeway. I had to pay the deductable upfront.

I am not TOTALLY re-assured.....becuase anything can happen...but I feel ALOT better.

stoic21

Definately glad to hear that Richard. I didn't look at the thread starters name when I first looked at the pics. I thought to myself.....that looks alot like Richards car. Then I saw you started it and I was bummed. I'm glad you guys are ok and hope all goes well with the insurance co.

Treadhead

That's pretty good news Richard. Hopefully it pans out the way your adjuster thinks it will.

Boltzman

A little CSI Actually does work!!!

05GT-O.C.D.

Wow, interesting ! Good luck.

bpmurr

My estimate started at $6k as well and when it was all said and done was about $7k but at least the other driver will be paying.

FinlayZJ

I was recently hit and my advice to you is to go to every court date. Be there, in person. No shows in GA basically means you accept fault. Read on if you want.


I was hit by a guy in a honda doing 40mph back in May. I was stopped at a red light for 30 seconds or more. I recieved no tickets, he got 2. So the first date comes around (which I didn't need to be at) and he pleads not guilty. The judge asked if anyone objects, and I said I do. He hit me, he's at fault. I then find out the second date in which a judge trial will be arranged. After the first date, his insurance company informs me that if they decide he's not at fault (as in no tickets) they will sue me for the repair costs of my car. Second date rolls around (which the court said I did not need to attend) and he gets up there, and him and his lawyer plead not guilty. The judge again asks if anyone objects, of course I do. I went up there and told him what happened, and showed the police report. The judge asks if we are ready to go to trial, we both agree. Judge doesn't accept not guilty, and he accepted guilty on the following to close, and threw out the no proof of insurance ticket. There were about 50% of the cases where the at fault party had their tickets thrown out because the other party didn't show. In GA, this can lead to the at fault insurance company no longer claiming fault and it ends up being each company pays for their own driver. This could work in your favor if you go to court, and she doesn't show. She wont be able to plead her side.

I didn't read what tickets were issued, so this might not apply. Good luck.

2005GTDELUXE

Very sorry to see your gorgeous car is hurt Glad you and your girlfriend and you are OK and your family knows the laws.

AWmustang

You still haven't said anything about the side airbags...

Do you think they helped?

SurfnSoCal

well...they scared the $#@% out of me because after she hit me...and both cars stopped. I looked at my gf and asked "are you.." BAM.....side aribags went off.

so ya....really glad I paid extra for those things when I bought the car.

05GT-O.C.D.

Whoa, that doesn't sound good. I wonder if this is something that Ford would be interested in knowing.

dustindu4

ya I would tell them

besides they will want you to send them your black box anyway

Burke0011

Glad you got some good news! (slam dunk...)

That airbag thing is disturbing though..... sounded like something out of a Naked Gun movie - they deploy sucessfully..... AFTER the accident????

05GT-O.C.D.

If he drives like me, Ford might be scared when they read the black box