Accident ....

Topic: Accident .... (Read 2097 times) previous topic - next topic

Accident ....

April 19, 2009, 05:24:51 PM

So here is the deal.

The bird was uninsured (just out of storage) and the at fault driver IS insured. There is no law requiring insurance in Wisconsin. Wisconsin is also not a "no pay no play" state and also is not one of those "no fault states".

I was southbound on a road at night, and came upon an intersection.

I had a flashing yellow light, the driver was turning off of the cross street to my right to travel the opposite direction on my street. She slowed dow to a stop at the flasshing red like she should, and proceeded to pull out in front of me t make a left turn. i saw her, and even though i was going 5 mph under the speed limit I lost grip on the wet road and slid into her drivers front wheel. she saw me skidding and poceeded to haul on her brakes and STOP DEAD IN MY PATH. her truck was barely damaged, but the bird is messed up.

The radiator support is okay, not twisted from what i can tell. The header panel is trash, the headlights are intact but the outside corners are broke at their mounting posts. Inners are okay. It pushed both fenders in a bit so both doors make slight contact when opened. The fenders also bowed out near the header panel and are going to need replacing. The fiberglass bumper took most of the impact, and is visibly cracked. The lights all work, no leaks, and the car drives straight and turns like it always has. The bumper cover is torn a bit, and not repairable. So.... I should be covered for my damages...but i know im in for a fight. I hope there isnt anything major structural wrong...Ill see tommorow when I get estimates done.

Im also a bit stiff today, so im going in to the doctor to get checked and dospoogeented. my neck and my back are my concernd.

When asked why she pulled out, the driver said she saw me but thought I had a flashing red too...and thought I was stopping....nice, eh? Oh and the police report reflects the story above too.

Any advice?

Accident ....

Reply #1 – April 19, 2009, 06:21:46 PM

when i was rear ended by a car going 60+mph (130ft of skid marks) while i was at a dead stop.. im young, so i thought my back pain and neck pain would go away.. after the wreck was cleared, statements taken, i drove my f150 home. I took some advil and tried to relax. my neck got stiffer and stiffer and so did my back. im in my early 20's and i felt like i was 50 years old. Getting checked out by a dr is PARAMOUNT right now. i mean its sad the bird took quite a hit to the front, but if your in pain, there is no reason to tough it out. its stupid and i know you're not stupid so yeh.

As far as dealing with the insurance company. you need to not take NO for an answer. be firm yet reasonable with the claim agent. i paid 750 for my f150 and ended up selling it to the ins company for 5K yet my truck was completely totaled, and most of it was pain and suffering and reimbursp00get of medical bills. you need to explain that its going to take months to find the parts for your car if its not completely impossible, should be factored in on the pay out in the way of pain and suffering.. if they're completely non-compliant and unreasonable or try to start a drama stink, hang up on them, call a lawyer, and get it done that way. when i dealt with the ins company, it was 100% positive that i was not at fault due to what was on the police report, so they didnt have much to work with. they guy basically bent over backwards to make me happy in the end. it might go just as easy with you, or it could go to the sharks. being able to prove injury also makes the ins company sweat a bit. You have to realize that they have to basically pay to make you whole again. right now you have a damaged car, which wasnt damaged before the accident, and it's their job to make sure that the car ends up exactly as it was before the accident making you whole again.

Accident ....

Reply #2 – April 19, 2009, 10:31:25 PM

If you hit her in the drivers door then that's the best place to hit. That shows she pulled out infront of you.

Accident ....

Reply #3 – April 19, 2009, 10:51:13 PM

It was actually the drivers side front wheel. Im luckey it wasnt the door area, as the damage would have been 10x worse.

Accident ....

Reply #4 – April 20, 2009, 12:22:13 AM

I can honestly see her point.

If i were to come up on a flashing red, and then noticed other cars coming up on my left or right but they were slowing down to, I would assume all of us had a 4 way stop flashing light.

You should see this also, the town , city or county needs slapped for this one.

In all respect, yellow means caution and Yield.

I think you did the right thing, you yielded to "ONCOMING" traffic because you took mental note of her being there but you had no reason to do anything other than observe caution.

I really am interested to see how this turns out, you should take it upon yourself to inform the county of this signage error because it just caused an accident.

When I come upon a flashing red, I stop and stare down the situation before I pull out. If i see people passing through , then I know im the one who has to yield. Its really the only way to figure it out. She should have done the same, waited to see what you were going to do,, hense the flashing red.

It sounds like im talking this in circles, but still its an odd ball situation.

Accident ....

Reply #5 – April 20, 2009, 01:21:02 AM

Run into these flashing light situations all the time. It is common around here to have a split (main street yellow, cross street red) flashing light situation. I have yet to come to an intersection I could not see at least glimpse of the crossing traffics light. Those flashing red lights mean the same thing a stop sign. Your not going to pull into oncoming traffic just because you stopped. She ASSumed and did not evaluate the situation fully. I can see were she is coming from but I can also feel that feeling when you get into an accident and that makes me feel no remorse (in one of those moods). Same thing as ASSuming someone is turning because their blinker is on. You pull out and there goes your car. I have done my fair share of ASSuming and paying the cost.

Speaking of broken header panels, I should be getting my new one this week!!!!

Accident ....

Reply #6 – April 20, 2009, 03:02:48 AM

The only flashing lights we have around here are yellow. They mean a school zone. Out in the middle of no where there are no stop signs and everything is basically a yield.

If you hit them, because they stopped in the middle of an intersection, it is more or less there fault. But at the same time, if you admit that you were sliding, it could be seen as you were not in control. Out here they give you a ticket for failure to maintain control. This also h appends if you slide off the side of the road during a snow storm.

Also, in a no fault state, generally who ever has insurance gets seen as the cause no matter what.

Accident ....

Reply #7 – April 20, 2009, 04:36:42 AM

Jcassidy

Thats exactly right. However, she actually got issued a citation for failure to yeild the right of way while turning left. And thank god this is not a "no fault " state.

Accident ....

Reply #8 – April 20, 2009, 08:46:58 AM

I'm sure here in my state you would be at fault somehow. It'd be wrong but nice guys seem to finish last in this state.

Accident ....

Reply #9 – April 20, 2009, 12:52:11 PM

i live in a tiny town, and we have the yellow/red flashing lights as our "redlight." everyone seems to get through it well. i think its b/c these lights are more common and people are used to it.

he said it was raining or the road was wet and thats why he slid. without ABS your GOING to slide on wet roads in a panic. he was traveling under the speed limit so i dont think he could get "too fast for conditions." i dont get why she stopped in his path.. why not gun it accross the street? i unno thats speculation, the bird might have hit the rear of the car instead of the front...

Accident ....

Reply #10 – April 20, 2009, 10:10:09 PM

Cross your fingers people.....

So the 4 estimates I got range from 3300 to 5000. The insurance co caled today, took my statement and sent an insurance adjuster out. He looked at the car and told me that they use the NADA values, and that means the range an 88 tc is in is between 3500 to 9300. He said my car fits around the high middle of that range. If they accept liability (whch i think they will) Ill likely get my car repairs paid for. Now before you yell total! , Keep in mind that any repair that would cost MORE than 100 percent of my cars value would total it in this state. 99.9 percent of my cars value, it gets fixed. Thats Wisconsin anyways, sine its over 10 years old.

Accident ....

Reply #11 – April 20, 2009, 10:17:25 PM

i hit a deer about 3 days ago... didnt do a thing to my truck.

goooooood old american steel BUMPER :D

sorry to hear about this stuff man.

Accident ....

Reply #12 – April 23, 2009, 02:40:12 PM

So....

What do you think of this??

Insurance called. They accept liability. They value my car right around 4200. They are willing to cut me a check for 4125 (the costs of one of my estimates)

The car needs these parts relaced...
Header panel
Outer markers
bumper cover
bumper structs ure
PAssegers fender and readjust drivers

So.....this check would be cut to me, no total, no branded title.

What do you think?

Accident ....

Reply #13 – April 23, 2009, 02:47:33 PM

Take the check buy back the car. Fix it.

Accident ....

Reply #14 – April 23, 2009, 05:18:56 PM

You seriously have to ask? If the title truly isn't branded salvage, and you don't have to buy back the car from the insurance company, JUMP ON IT. Make sure they aren't cutting you a buyout check, and you have no rights to the car anymore. Some insurance companies are a little weird about the buyback thing.