Another 240 total loss

General discussion forum about the 240sx, and a great place to introduce yourself to the board!
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vexajin
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ok so im going down this hill today in the town i live in and this old guy who was pulling into the hospital decided not to yeald for me while i was going straight and pulled his car into my lane doing 2 to 4 mpg 30 feet away from me in a 35 mpg zone... so i hit the side of him the running light / headlight is messed up. bumper is gone hood is caved in... ect... i just wanted to know what u guys think? has anyone ever ran into something like this before? i know im not a fault but... hes trying to say i was speeding... and im like well if you pulled out in front of me... and thats what caused the accident u dident see me! so how do u know i was speeding? Keep in mind this guy was 75 years of age. and was around 4 feet tall... i dident have insurance he did... in the state of NH u dont have to have Insurance... what do u guys think?


180fan
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good luck with that one. you'll have to pay a bundle even if it wasn't your fault since you don't have insurance, but he does which probably means his insurance co will prob try to blame you aka they'll see you in court to collect...

Anand
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first off... did you get a police report?? if you didn't then good luck becuse it's going to be you against the insurace company.. but if you read up on the laws and represent yourself at court explaining what happened then you should have that guys ins cover your damage since it is his fault...

EVERYONE!!! when you get in an accident and it is NOT your fault... get a police report... it helps a ton with the ins companies..

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vexajin
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Yeah i got a police report... sorry for not explaning myself that great... i was at my GFs house and it was an hour and a half after it happened... so i was still kinda shook... The cop said; "I dont decide who's at fault i just hand out the tickets to someone that looks like they caused the accident. He failed to yeild! so..." And the guy whos like 85 was trying to say.. i was speeding..... now keep in mind if your that age and you go 10 - 15 mpg every where u go... Everyone is speeding.... becides How would he know if he pulled out in front of me... he dident see me thats for Damn sure... so how does he know i was going fast? The damage isent that bad to my car its only like the corner of the car... the bumper, The headlight is SMASHED!!! the fender is SMASHED!! The CV_Joint is.... welll u know... im hoping to get something out of this... maybe even a new 240? maybe a s14 this time? not sure... But i do have a police report saying he failed to yeild... witch caused the accident... but i had to slam my breaks... and i left a skid mark for like 5 feet... because u know how when people are turning... sometimes they lok at you and kinda inch foward when they know u have the right of way.. while they're still yeilding.... well thats what i thought he was doing but he was just rolling out into my lane and when i noticed it was too late.... Thankz a bunch for your help guys so i know what to be ready for tomorrow.....

Phax
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Figure out the last time he had his vision and hearing checked. If he was wearing the glasses that all old people should be wearing, figure out long he has been wearing them for. Though it varies from state to state, eyeglass perscriptions are only valid for a year or so.

Unless the judge is heavily biased toward the geriatric gentlemen, you'll walk away with all of your repair costs and some money for physical therapy (read massage).

Congratulations on the come up!! It's not every day that old people ROLL out in front of you. I bet you he was driving an automatic. From what you described.. the 2-4 mph roll out into the street. That's what happens when your foot leaves the peddle in an automatic. Especially if he was short, and it was a big car like a Caddie....

This just gets better by the moment. I bet with the right lawyer and the loss of certain humanistic scrupples, you could take the guy for all of what he has left for endangering your young life in his old age.

^^^^

Of course, the judge might see through greed. It might be a better idea to stick to getting damages and such cared for.

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SilviaBoston
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Hey take it from me no matter what state your in this one rule will always apply. "who was on the main street?" from what you said it sounded like you were. So your not the one at fault he has to stop for you not the other way around. He hit you and thats that. In Massachusetts he would be paying for the repairs and some, but in Massachusetts they would say that your 240 was totaled to save having to fix it. I say if you have his info then call the insurance company and let them decide if they are going to fix your 240 or write it off as totaled and give you the cash. Its on you to decide so make it count. Thats the best advice i can give you.

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vexajin
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Yes i was on the main road! And yes! he was short and also wore glasses... this guy... the women who saw it asked his age and he said somehting like 75 - 85 i think he said 75... but still.. this guy is about 4 feet tall and is so old that i thought he might have a heart attack just from geting hit... i mean the guy looked right at me before he pulled out in front of me... so i mean i dident think he was gonna pull out... but he did... he couldent have been able to see me... although i dont know how much im gonna get for it i had someone in the passanger seat and he hit his head off the little plastic thing in between the passanger side window and the windshield (That goes in between u know?) well hes got a knot in his head from it... and my neck is killing me it dident at first but my heart was going a mile an hour... and all i could think of was beating the S&$t out of the guy driving but when i found out he was 90 something years old.. i just kinda tryed to shake it off but it stayed with me... untill now i feel it alot...

The Mic
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if an accident was ever my fault, id just runaway :)

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SilviaBoston
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S13GUY wrote:if an accident was ever my fault, id just runaway :)


Thats what some a$$ whole did this summer to me when i was driving my moms 1995 Nissan Maxima (only the best memory of that car:pface ) his car cut the passenger side front fender in half popped the tire and sent me right into the back of a parked buick. I rolled out the car with a scar on my arm and a slipped disk in my back...:( . The Maxima was a total loss, the buick was on the hood and it cracked the engine, broke the axles, both air bags came out, it needed a completely new front end, the winshield was smashed and the frame was bent so bad. The guy took one look at the car and knew that the thing was gone. So if you get into an accident and its your fault let the person you hit beat the crap out of you cuz thats what i wanted to do to that guy.

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SilviaBoston
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Oh yeah she didnt know but i took it to the local shop and had the computer played with a lil :pface . I had to do something to give that automatic some more balls....lol

flyfishz
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OK ---Pay a ttention. This stuff is what I am good at! First of all I am 43 so I am I am not guessing.Second of all... this not going to court. The insurance company is going to try and push you around.. and intimidate you into taking blame here. Don't let that happen... but remeber this is busness not the school yard or the bar... maturity in how you conduct yourself is key.

Thake the offensive. Call the insurance company and ask what the process is for getting your damage covered. During that conversation let them know that you that you are have neck and shoulder and back stiffness and pain and that you will be seeking medical attention if the pain does not go away in a day

Ask if the old driver has a history of failing to payattention while driving and has he been in any other accidents. ( they will not answer that question)

State clearly that all you want is your car fixed and to feel better

This whole time the insurance guy is going to push back at you and say they have no fault here... just keep asking the questions above.

Finally if they are not helping say in a non threating way " I don't like attorneys but I will get one if I need to, but that will olny increase the cost of the matter. I would prefer to just settle this matter between us without that added expense but you are leaving me few options"

If they refuse to give you answers to the questions ask calmly for the person you are talking to for the spelling of their name along with their employee number if they have one. If he asks why you want that information tell him you want to be sure youy get his information right when you call the state insurance commissioners office.

If they are still not helping you, call a lawyer.

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Camel
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Here is the key criteria for dealing with your issue:

Who got the ticket and what was it for?

If he got a moving violation ticket and you did not. He is at fault.

If you got the moving violation ticket and he did not. You are at fault.

If he got a moving violation ticket and you got a moving violation ticket. There is no-fault.

If he got a moving violation ticket and you got a ticket for no insurance. He is at fault.

Remember, a 90 Fastback is worth roughly 2k to the insurance company. So if the damage meets or exceeds that amout, the car is totaled. Sell the car to the insurance company for 2k, and buy it back for 500 or so. Then you have 1500 to get it fixed or part it out and you will end up with about 2500 towards a new 240sx.

That's my opinion on the matter.

I have been in 6 accidents in my lifetime, 2 of which were my fault. However, I was always insured.

Good luck.

Final advice - ask your folks if they have any friends that are lawyers and go have a probono chat with the person and all your facts. Have a copy of the police report on file.

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vexajin
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flyfishz, Camel. Thanks Its nice to get some advice through this from people who have been down that road before. You really dont know how much help you've been... i've already talked to the ins people. they are not really trying to blame this one on me... He got a ticket for failing to yeild.... i got a Messed up neck. I went to the hospital for it they gave me vicodin. or what i like to call Vic-a-Snacks. and told me that this would all heal over time! I told the inc people this aswell... the women on the phone was kind of pushy but... that was just her tone of voice, it wasent like... you know? i was going stright doing the speed limit... no matter witch way u cut it... its not my fault... so im going to play X-box with my vicodin... Thankz for the advice guys :]

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vexajin
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Btw, yeah the damage is $2,472 Im thinkin about maybe geting an S14 this time but im not sure.... the only thing i really dont care for in the s13 is the carpeted Glove box... :] but i love it non the less... even... sometimes at night.. err Nevermind.... sorry

Mafioso
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Yea, when I hurt my back in my accident with my e36 M3 the hospital said my back would heal in time.. year and a half later.. I'm working my back muscles out 24/7 and getting adjustments to my spine/neck.. good luck to you sir.

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Camel
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Wrap the glovebox in stretch vynal/leather like you would a custom door panel. You can match your door panel pretty easily and it looks great. You can also do this with old door panel inserts, to freshen them up. Just go to a GOOD local stereo shop that does custom work. They can order the right stuff for you.

C

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offtheline
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All I know is that my old car was in a hit and run. They found out who did it, however, I did not have any insurance. Even though I bought the car, it was under my pop's name. So he called the insurance company to see what they would do. They told him it was totalled. So he replied that the car was very special to our family and that he wanted them to fix it. They said it would cost too much money. He insisted that they fix it. They insisted not. Then he said, well then I want 4500 for it. And the guy said OK without hesitation.

This car was a 93 honda accord with about 160,000 miles on it and in need of quite a bit of work. I may have been able to sell it for 2grand tops. Best part is that I found a $4400 beauty known as an s14 240sx in great condition from a redneck carsalesman who had no idea what in the world it was. I actually made 100bucks on the best deal of my life.

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vexajin
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I love the looks of the s14 but... the speed in the s13 is better :/ i dono what i should do :/ i mean if i get 2 grand for this car... im doing pritty good... it was a salvage car.. although its not a POS i ended up paying like $700.00 for it in the end... DONT FLAME ME!!!!!!!! but who thinks i should get another 240 s13? or should i get s14?

Chingon
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s13 in my opinion, they are cheaper, and you can use the money to build it. Remember, the s14 is mostly good looks and added weight. (I only like the kouki s14 anyways)

but if you are going to sell in 3-4 years, then maybe the s14 is a better option.

Phax
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You can clear a lot more than 2 grand. That will cover the cost of the car. Then you need cash for therapy. Stay away from chiropracters, they just wear down discs. A competent massage therapist will cost you another grand or two, over the course of six to eight months.

I'd get another S13. Make sure that you search the local auto trader magazines, plus some internet sites to locate an EQUALLY EQUIPPED car. That will provide you with a real world price of what your vehicle is worth. The insurance company will try to get you to agree to some precontrived figure of what THEY think the car is worth. Don't settle for their number until you've made them change it / agree with you at least once.

If you have receipts for ANYTHING you did the car, especially if you purchased any aftermarket parts, make sure those are presented to the insurance company.

You can walk away with a "new" car, and feeling like a million bucks thanks to the therapy. :ylsuper

The Mic
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Ok So i have a question about aftermarket parts. If my car gets totaled with my sr20 in it and all the aftermarket parts in it get wrecked.. what is covered by my insurance company (I use State Farmers fyi) and if they find out i have an Sr would that have any affect on the insurance's attitude toards my car?

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Camel
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You might want to ask them. I asked my insurance company about aftermarket parts and they said to have all of the reciepts and they will cover it up to 20,000 dollars without a rider attached.

I would definately ask them some theoretical questions first. Like " I am planning on putting a special motor in my vehicle for show purposes, would this affect my coverage and also would i need to have a rider attached to cover the associated cost of replacing it if anything were to happen (say the car was stolen)?"

I have dealt with alot of insurance and legal folks, so this come easy to me now.

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vexajin
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Good News,

they're sending me $3,500 for the 240... But they are deducting $195.99 to fix this little rust spot on the hatch.. but i told him that it wasent there untill his client hit me :]

AND REMEMBER!!! If your between the age of 80 - 100 years of age just turn in you licence Your not safe... go buy one of those motor powered wheel chairs.. put a phatty cannon on it.. intake, strut bar, whatever you need... drive on the side walk... because if theres 1 thing i hate more then being hit by a 4 foot tall man who just turned 87 and has 4" inch thick glasses on... its being stuck behind him doing 10 - 15 mph...

The Mic
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vexajin wrote:AND REMEMBER!!! If your between the age of 80 - 100 years of age just turn in you licence Your not safe... go buy one of those motor powered wheel chairs.. put a phatty cannon on it.. intake, strut bar, whatever you need... drive on the side walk... because if theres 1 thing i hate more then being hit by a 4 foot tall man who just turned 87 and has 4" inch thick glasses on... its being stuck behind him doing 10 - 15 mph...


Who are you to say whos eligible to drive and whos not. Im 103 years of age and i can still drift without spilling the cup that i keep my teeth in. If i can do that, im sure driving is no problem , you young punks have to learn how to drive, bicycles and motor vehicles are 2 different things puberty!:mad: [shakes fists] darned kids! ack cough cough [balls fall off sack]

flyfishz
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good job on getting the coin

Phax
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You'll be able to find a nice S13 for what you got.

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Camel
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Good job man, the key is not to feel threatened by these insurance folks. As long as you are in the right, you should act like you are in charge. You definately are getting a better 240 out of this one.

C

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Project_rps13
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if i would have read this thread a couple days ago i would have told you to call Larry H. Parker...

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vexajin
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S13Guy... :p

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vexajin
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I need to start *****ing at them more for my rent-a-car... my 240 is totaled... i need a rent-a-car... OR that money now! one or the other


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