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Wrecked the ZUK today F&CK!

724 views 19 replies 14 participants last post by  OLDCODGER 
#1 ·
Well while trying to dodge some ass in a S-10, who changed lanes twice, I rearended another jerk off who stopped for a green light(WTF) who had a suspended license!

My brush bar is dead, my Hella 500's are toast and the front clip is pushed back quite a bit.

Mother************ son of a BIOTCH.

The inronic thing is the guy who I hit (BMWX5) siad the exact same thing to the cop that I did. That the S-10 driver was driving eratically and changed lanes twice.

I told the officer I was just trying to avoid the moron in the S-10 when I rearended the Bimmer. Then the S-10 guys wants to argue with me? WTF? So any suggestions? I called my insurance company, and am still waiting to hear back from them. The dude in the S-10 tried to leave the scene, but I made him stay and we got all of his information(as a witness, but hopefully that will change).

Number one: IF dickhead in the S-10 wasnt driving like a POS this would have been avoided.

Number two: IF jackass wasnt out driving on his suspended license, I would have never hit him.

Number three: The old lady is going to have my balls on a stick, because were supposed(are)to be moving to cali next month.

The claims officer seemed interested when I told her about the bimmer drivers suspended license so maybe this will work in my favor.

Thank Jesus the hood opens, no radiator damage, and besides my Hella's all lights work. Steering seemed a little bit more sloppy, so I had to compensate the steering while driving it.

Any advice? Will they drop me when they see my Sammi is lifted? 31's? Missing Links?

I need a Grand Marnier!

Kamazuki aka screwed
 
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#2 ·
Sorry to hear; good thing you were alright. You won't want to hear this but to cops and insurance companies, there is no such thing as an accident. Everything can be avoided. They'll hit you hard especially since you rearended someone. Sorry but that's the way it is.

Also, I don;t know how your insurance company works but mine here in Canada (a HUGE company across North America, maybe the largest) told me an interesting thing when the hood from my Trans Am was stolen. He said that any time you mod out a ride, whatever it is, they will NOT insure you for those parts. Case in point: having a different bumper, lighting, tires, blah, blah, blah. They will replace it all with stock components only. If you don't like it, they'll cut you a cheque for the value of the stock parts. That's it and you're on your own.
I asked him a hypothetical question: suppose I had a blower on my TA and it was stolen along with the hood. Would insurance cover me? Answer: hell no! First it wasn;t a stock piece, and secondly they would only replace it if they knew I had it. And at that point, the insurance would have been denied or outrageously high. Good luck.

Cheers,
Steve
 
#3 ·
I had almost the exact same thing happen. Guy cut across two lanes like a maniac right in front of me to try to run a light, but he did not realize there was a car in front of me stopping. I was pulling a trailer. Right after he got in front of me he nailed the brakes and I hit him. Several people were willing to testify what he did. Ins company said whatever, and the claim went as my fault.
 
#4 ·
Seems to be the same here. Nobody cares, who I have spoken too. All they care is my car hit another car and thats that. Doesnt matter what events took place before the accident. OH, they also dont give a sh*t that the guy I hit was driving on a suspended. If he wasnt driving it would have never happened. BS i say.

Anyone got a front clip locally? I dont think I need the whole clip just the front assembly, Can it be removed from the clip? It looks like it screws in, but never taken it off before.

Kamazuki
 
G
#5 ·
Here in NC, if you rear end someone, it's your fault. period.
Could this accident have been avoided if you'd left a greater following distance from the car in front of you? My guess is yes. If the stupid-a$$ with no license hadn't been driving, it wouldn't have happened either... Sorry you wrecked - glad you're ok.
Steve O'
 
G
#6 ·
Steve-O You can fight and win the rear-end it's your fault rule...its called "Road Rage".

Kam if you have sufficent witness statements then sue him the S-10 for the $$$, Also from my understanding you went to another lane to avoid an accident thus causing one, right? The rich guy driving under a suspended license could be sued also, because being stopped at a Green light is reckless drving you cuold show fault to him, and the fact that he was on the road insinuates fault.

Anotherwords, call your local TV attorney that works off the premise of paid to win, and if he or she takes it, you will win, because they won't take a loser. Also sue for a reasonable yet large sum, like $50K, for each one. I bet you could use an extra 60K for your move. 30K to the Ambulance chaser, and you are on your way.
 
#7 ·
i was at the post office a while back in my truck it was parked and off
i was killing time . 30 min went by i cranked up, looked back no one coming, i started backing up and a lady in a van backed into me.
i was on private property so he did not write a ticket
this is what happened she came out of the post office no one was coming and she jumped in a starting backing up with out looking. she told the officer that i backed into here
the the funny part i cranked up the truck a 350 with an exhaust leak at the head and in the muffler to say the least it was real load cop said you mean you could not hear that truck lady
told her it was her fault but he could not write a ticket

here is reason for the story

i called my insurance company told them what happened and instrucket them not to pay for anything period
she requested a caim and they called me i told them not to pay she said but she will take us to court i said let here no need to threat court because she was in the wrong
dont pay period


in GA. if you rear end some it's your fault period ( of course their is allways that 1% chance you can not be charged)

i have learned to never chang lanes like that if he is going to hit you let him it would be his fault

you could let it go to court explain what happened you shot to the open lane to avoid hittin him and the guy infront slamed the brake at a green light for the same reason and you hit him
it does not matter if he had license or not
it was still a car



 
#8 ·
My wife had a problem much like yours, she was driving in the fast lane on the freeway and a truck coming up the on ramp cut across two lanes of traffic in the rain and my wife had to hit the brakes hard and put the new car in the ditch. AAA said since the truck "merged" without hitting my wifes car, WE where at fault. This had nothing to do with the fact that the driver of the truck left the seen and had no drivers license, regestration, or insurence and wasn't even a legal US citizen(viva mexico) I paid out of my pocket for the repairs.....good thing I wasn't drivin' or there would have been another "accident" after the first one.
 
#9 ·
A buddy and i jus recently ran over a mitsubishi mirage in a lifted F250. We literally ran over the back of it. He was driving. He has no insurance and a restricted license, they didnt do a damn thing to him.

On my 17th birthday i was tboned. I had a 1978 IH Scout II. I got hit by an exp (sporty escort) and it totaled my scout. Picked it up and spun it around twice. A scout weighs 5800 lbs and a exp weighs 1900. And he was doin the 30 mph speed limit? Even tho witnesses say he aimed at me and deliberately hit me and one witness even testified to the cop sayin "ha, we finally got the kid in the orange scout" i got the ticket and my insurance went up. The guy that hit me still walks away in the other direction when he sees me. Hell he would call and see if i was workin or not when i worked at sears so he could come shop. But thats another story that the cops never found out about.

I got hit in my travelall 1 month later. I was rearended and my insurance still went up.

I have another insurance company now and i can put mods that ive done to my sami and they will cover them without changing my premium. Dads 65 mustang is insured at a set value that is set by dad.

All i can say is you rearended somebody and your pretty much screwed unless you can get off on a technicality. Good luck.

 
#10 ·
Probably your only chance to recover anything is to make a civil claim in court against the S10 driver for causing
the accident. Use all the reports against him. The car you hit is your responsibility. You might
make some headway in a civil suit again against the S10 driver. Possibly the BMW driver would back you?
I wouldn't bet on it though.
 
G
#11 ·
I bet you that you could show where you were not at fault in rear ending someone.

If you where driving down I-75, and you had a "Road Rager" cutting in and out of traffic, and you "denied acess" to him....he then cuts infront of you, slams on the brakes all in one fell swoop, how could you have avoided the accident, you could not have slowed to allow fro proper clearance, because you had with the car that was in front of you, then he made an erratic manuver to overtake you, then purposefully and without reason locked them up. That is "Road Rage", causing an accident while driving erratic. Maybe y'all down in GA don't have it yet (yeah right I was driving through Hotlanta once doing 80 and a grandma in her scooter passed me on the right.) Speaking of passing on the right there is you another "Road Rage things that they can get you for even if someone is camped out in the left lane, but don't worry they will get a ticket also.
 
#12 ·
So how bad did you mash the X5??


You rearend somebody you're toast..period. (in this state)

Can you go after the S10 driver? Worth a look at least

Take responsibility for your part and make the others do same.

I dislike using
lawyers but you probably have no choice.
 
#13 ·
Sorry to hear about your troubles. I have had my own problems with accidents and know exactly what you are going through. I got stuck in a situation where even a witness indicated that the other driver was at fault and I still received a ticket. Yes, this is the incident where my white Samurai was flipped off of the trailer at 65mph. Anyway, the state dropped the ticket against me once the insurance company settled the claim. Hope they do the same for you.

If you do need a front clip, I have one here you can have cheap. I am in Chesapeake, VA so it's not too bad of a drive.

Sean DeVinney
aftermarket4x4@cox.net
 
#14 ·
Who, if anyone, got cited and for what?

From what you said, (laws differ from state to state, so I'm speaking locally), unless you have an independent witness that states specifically that your lane change (or swerve) immediately prior to you rear-ending the BMW, was an absolutely necessary accident avoidance maneuver, you're at-fault.

Example: I investigated an accident where two vehicles were nearly side by side in adjacent lanes when a third vehicle from oncoming traffic made a U-turn in front of them and then stopped in the first vehicle's lane. The first vehicle swerved to avoid, striking the second vehicle. Then the third vehicle left the scene. A witness and the first driver got the plate of the third vehicle and, along with the second driver were able to articulate clearly enough that the third vehicle did not leave enough space for a safe turning movement. In fact the driver of the second vehicle said she would rather have been side-swiped by the first vehicle than see the first vehicle T-bone the third vehicle. Conclusion -- there's a report sitting on the Hit & Run detective's desk listing the third vehicle as the at-fault vehicle, with no citation issued to miss swerve-to-avoid.

Why did the BMW stop for the green light? Really, what'd he tell the cop? If he admitted, or witnesses state that he stopped for no reason, then he would be partially at fault (again, locally speaking). It's difficult to cite someone for stopping without a reason because they usually say they have a reason - even if they are lying. But I have issued tickets for just that if they say something like, "A big yellow van slammed it's brakes on in front of me - it braked so hard it was smoking it's tires." When witnesses state the road was clear for half a mile and there isn't a tire mark on the road except for the poor guy that slammed into the back of them.

Mr BMW's suspended license isn't an issue in the accident, although he should have been cited for that.

In conclusion, if you legitimately swerved to avoid, (in other words, if you would not have taken evasive action you absolutely would have hit the S-10) the liability SHOULD be on the driver of the S-10. And if BMW guy stopped without a reason, then he SHOULD share in the liability.

Alot, and I mean ALOT, depends on the accident investigator (cop) and what he determines to be the cause or causes of the accident.

God be with you for you are now at the mercy of insurance companies...

WB

...It's my job.
 
#15 ·
In reply to:

cops and insurance companies, there is no such thing as an accident. Everything can be avoided

[/ QUOTE ]

Our newly appointed trainer, in-charge of our new federally mandated and state issued (read "screwed up") accident reports is riding the current wave of political correctness. He no longer refers to accidents as accidents. Now they are "crashes." And, per him, we no longer take accident reports, we take "crash reports" and collect "crash data." (Does anyone else suddenly have the urge to puke, or is it just me?)

Here's the thing; if you didn't mean to do it, it's an accident. Accident = unintentional. I rarely take reports for a "purpose." But when I do, it goes on a crime report for something like Felony Reckless, or Battery, or Malicious Destruction of Private Property. I'd even argue the, "All accidents are preventable" mentality. I don't know what the force is behind the "crash" thing, whether it comes from the insurance companies or NHTSA but I find it sickening.

Oh, and the new "crash" reports... when I pointed out to him they still have the word, "accident" in the title, the trainer got kinda upset with me (don't know why).


WB
 
#16 ·
I got to run a car over at an intersection, I went flying through a redlight and a green car was attempting to turn left, when he cut across I slammed on the brakes and attempted to stop, luckily I missed him, but then this guy no lie takes off behind him then turns into my back tire, I went up his hood a pretty good ways and over (tire marks and everything lol) and it slung me into the passenger seat, zuk was fine, turns out he was on a suspended liscense@!!! I convinced him it was beating a dead horse for him to file a charge at this point and we both headed our ways. Then around 2 or so weeks later I was at a different intersection turnning left and had to cross over 3 lanes, light was turnning red and at that point most people use that time interval between the changing lights to cross over, I weasled out there a little bit and wadda ya know...Same guy running a red light doing 70+, and that collision would have put both of us down, I guess its a small world after all
 
#17 ·
Basically, Im screwed. I had some rookie female cop and even after I and the x5 driver stated that it was the other guys fault she still cited me! For following to close. I dont understand. I can go out and drive like an ass, cause a major accident and walk away scott free? The only thing the cops/insurance care about is that my vehicle hit another vehicle. Anything that happend before that is inconsequential. The rookie cop used the guy who caused the accident as a witness, he was going to leave the scene but I made him pull over. If the officer would have cited the s-10 guy with a reckless or something, maybe the fault would not have been mine. Life sucks. I cant do the whole civil thing in court becuase Im due to leave VA on Oct 10th. So Im going to suck it up, pay my $30 fine, and hope my insurance doesnt drop me. This is the first accident that I have ever been found at fault, and I have been driving for 10 years. There wasnt that much damage to the x5, and my brush bar saved the zuk.

Just a side note, If i was an insurance company, and my insured driver hit another driver, who was driving on a suspended license I wouldnt pay a cent. My logic would be that he was breaking the law by being behind the wheel anyway. If he wasnt driving he would never had been there.

Recap, the guy in the x5 saw a cop at the intersection, waiting for the light to change, when the light showed a hint of yellow he slammed on his brakes, because he was worried about running the light on a suspended and the cop was there. Numbnuts in the s-10 was driving like a moron, changed lanes twice in front of me, once in an intersection both times with no turn signal. I changed lanes to avoid his dumb ass and hit the x5.

Thanks for everyones support/input on this one.

BTW my left shoulder is killing me today. I have some of those seatbelt pads (supercheesey suzuki powered) from ebay and they are great. I suggest anyone who is sick of the sammi seatbelts cutting there shoulders and being uncomfortable to get some of these. I know if I didnt have em, my shoulder would be much worse today.

Kamazuki
 
#18 ·
In reply to:

Recap, the guy in the x5 saw a cop at the intersection, waiting for the light to change, when the light showed a hint of yellow he slammed on his brakes, because he was worried about running the light on a suspended and the cop was there.

[/ QUOTE ] If the police cruiser was right there when it happened, couldn't the officer(s) make their own judgement on the sequence of events?

Wbtowery, very well written and educated reply. In my opinion (which I'm sure is not at all that of an insurance investigator) if a driver is forced to take unusual action to avoid a serious collision brought on by the actions of a second party, in turn causing a less serious collision, then the insurance company should be grateful that they are not paying for the higher repair costs, and likely more serious injuries claims. Of course you would need witnesses to confirm the sequence of events.
 
#20 ·
Hay Kamazuki , glad you came out of it as well as you did. Hope every thing works out but It seems Justice is very elusive at times.
My terrible tale ~ I had just gotten a van to replace one I had worn out in the Satellite TV business. I was shopping around for cheaper insurance and had already switched over all my equipment to the new van. Got a service call and thought "It will be all right to make this one call insurance or not"
Big mistake, I came over a rise and there was a large Tar truck the kind that spreads liquid tar on the road before laying the asphalt being pulled by a pick up truck. It was dusk and they didn't have their lights on and it was raining on new asphalt. In other worsts it was very slick. I rear ended them knocking myself out . when I came too they had unhooked the pick up and told the Cop the Tar Truck had just stalled lying about the fact they were pulling it.
I had to pay for all damages out of pocket.

In my opinion it should at least have been a 50/50 thing.
 
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