Totaled my J

[NY94J30]

Probably I did anyway (estimate pending). I just wanted to vent quickly. Moving around a turning car I change to the right lane as I approach an intersection, woman oncoming decides to come across (making a left) - Okay there's still time for evasive maneuvers - Nope, instead of the lady gunning it as she sees me coming, to try to get across the intersection, she decides to stop. So as I move back to the left in attempt to avoid hitting her all I can do is broadside her, as she is obstucting both lanes of through traffic.

To make matters worse as the police arrived at the scene she attempted to put the thing off on me. First it was he was speeding. Then, his light had turned red, and mine was green - though the turn arrow at this intersection appears before the opposing green. I was so angry that I avoided her until I couldn't take it anymore, I explained to her there is no concievable manner in which she could have been broadsided in this situation in which it could have been the fault of another. Meanwhile she kept talking about all her witnesses. Bring it on lady.

End of story to come, but as of now she was ticketed for failure to yield right of way. And, I am mighty pissed as I broadsided an Exploerer at close to 40mph and I'm fairly certain my car is wrecked.

Sorry for the long story but I had to vent. And I know those here can appreciate how little your driving skills can matter out on the roads.

[90Q45blue]

I'm truly sorry about your car man. The almost exact same thing happened to me about 2 years ago except I was in my Suburban and she in her Lumina. Needless to say, her car was totalled and I didn't even feel her hit me...just 'heard' it.

There's nothing you can do to compensate for crappy drivers. Oddly enough, an old woman drove the Lumina too. One reason why I'm starting to believe my sig quote.

Nick

[maxnix]

Sorry to hear of your misfortune, but glad to hear you are well, except for your neck (better see a doctor soon for soft tissue injury).

In any case, you probably need to maintain the pressure on her for turning in front of you (get witnesses, or at least addresses.)

You need to collect documentation to establish the above market value of your J.

Start monitoring the markets for your replacement vehicle.

Finally, don't rely on your insurance company to represent your interests. They represent themselves. At least consult at least one attorney, even if you don't retain one.

Please keep us posted.

[Rockenreno]

Similar story:My friend was driving his mom's miata down some back roads going around 30, when he came up to a 4 way intersection where he has no stop, but the cross street does have stop signs. There are also large bushes preventing you from seeing around the corner at all. Long story short, old lady runs stop sign, he swerves but T-bones her. Both cars totalled, lady found 100% at fault.

I'm real sorry to hear about your car, though I think you'll be getting some insurance money to play with soon...

[Jeff Williams]

Da$% Fords!

Glad you are O.K. Sorry about your J.

Ditto on the Lawyer. I think there are 1 or 2 in the New York area.

Your insurance company won't do much for you.

Looks like its time to hit the B/S/T forum, and eBay.

[90Q45blue]

Get a Q45!

Nick

[PalmerWMD]

I am so sorry to hear it..But hope you are successful in getting a good replacement.

The B/S/T forum is your freind..There are a couple of nice cars for sale there.

Fred...

[dougs98Q45]

That sucks! Blonde on a cell phone is how I ended up Q shopping. Sometimes there is a silver lining....

[Jeff Williams]

Quote »Blonde on a cell phone is how I ended up Q shopping[/quote] Were you talking to her on your cell?;) , or did she hit you, while taking to someone else on your cell?:pface

[J-Owner]

Sorry to hear about you J. I hope you contacted her insurance company and filed a claim for her. I wouldn't wait on her to do it. Get things rolling in your court. Plus I would make her pay for a few Chiropractor visits. Look for one that has a masseuse and get some relaxation and stress relief for your troubles. Good luck with everything.

[dougs98Q45]

The blonde, unfortunately, was not in my car....

[NY94J30]

First of all I am hoping there is no frame damage so that concievably the car will not be totaled. If it is, the KBB private is $5800, and retail $8100; The aggregate of 138 '94 Js on autrader roughly bears that out at $6000.

I was more than a little irritated at the time of the accident and made no attempt to secure witnesses, however, the police report will suffice insofar as her ticket for failure to yield to the right of way establishes her negligence per se. Moreover the damage to our cars corroborates the version I gave to the police, who apparently agreed. BTW she cried when she was ticketed, she could not beleive it was her fault (which at least put a little smile on my face). T

Then she says to me, you know the light was red, so you should just admit it for your own conscience. If the light were red from me lady, it was also red for you, I'm not following. How does that make you not at fault?

At this point I see no need to retain a lawyer, though I understand the need may arise in the furture.

If the car is totaled I will do my best to reach the middle ground of retail and private, i.e. $7000. Though this will not nearly represent what the car meant to me. My first real car.

I Just got finished spending a whole weeked wetsanding and reapiring some paint damage. I just put on new tires 500 miles ago (an officer on the scene offered to buy the wheels for his I30 if the car was totaled). I was only a few weeks form doing the timing belt and other scheduled work though. And I just washed her.

Needless to say I will be looking for a new Infiniti, maybe a Q, but more likely another J.

[Jeff Williams]

You will get no more than wholesale trade-in. You will get an extra $80.00 for the new tires, and deducts for even the slightest flaws.

If you want more, get a lawyer. Your insurance company will do no more for you, and deduct your collission deductible, if it goes t ocourt, and you let them represent you.

Don't wait. Find a freind or family member, or someone at your church, that's a lawyer. You might get some help Pro Bono, if you don't want to soend any money. I did, on my case, and it was similar.

The police report is not admissible in court. The cop was not a witness. If you have no witnesses, you better get a lawyer to depose her witnesses.

I made the same mistake you might be making, by thinking the police report will help.

I lost my 1994 Prelude, but was able to stop State Farm from taking an additional $4,500.00 from me. The other guy (in an Explorer) admitted to running a red light to the cop! State Farm didn't care, they just went after me, and hard. I had no insurance, at the time. I was SOL, until a neighbor did a Pro Bono case for me.

[NY94J30]

Fault is determined per se upon conviction on her traffic citation. I understand that there is no fault as of yet (assuming she will contest).

BTW, I am a law student, going a different route from personal injury, but I know many going that route.

I am not familiar with the ins and outs of insurance company practices (and appreciate the heads up), but I am more than familiar with tort law. If the insurance company intends to screw me, I can get down to that level and recover my money one way or another. But before that becomes the case, I would perfer to avoid legal action, and hope to recover my fair amount reasonably.

[maxnix]

I was more than a little irritated at the time of the accident and made no attempt to secure witnesses, however, the police report will suffice ...

At this point I see no need to retain a lawyer, though I understand the need may arise in the furture.

The police report may or may not suffice, depending on the resolution of the traffic charge in court.

A law student should know that getting a lawyer in at the end is more expensive than having one prepared to act if his advice to you doesn't produce an equitable result prior to legal action. An attorney's letterhead will make all parties sit up straight and pay attention, and lower the BS factor for you.

Don't get an attorney from a friend or church, but rather consult with the best one in the field in your area. An initial consultation is free to inexpensive, and you may get a break, especially if you can perform some of the skills of an intern or paralegal.__________________Brian1995 Q45 & Q45t

[AZhitman]

Then she says to me, you know the light was red, so you should just admit it for your own conscience. If the light were red from me lady, it was also red for you, I'm not following. How does that make you not at fault?.

Speaking from past experience as a certified accident investigator:

At least in AZ, when BOTH vehicles are at fault (assuming the light WAS red), the vehicle traveling in a straight line has the right of way. The car changing direction will almost ALWAYS be cited. Unpredictability and uncommunicated intentions are the factors at work here. You'll be fine from that standpoint, good that she was cited.

[AZhitman]

You will get no more than wholesale trade-in. You will get an extra $80.00 for the new tires, and deducts for even the slightest flaws.

No, no no. Sorry Jeff, let me interject. The insurance co can NOT deduct for "flaws" as you can contend they occured AFTER the collision. Here's what you do:

Get an autotrader mag, AND get on Autotrader.com, cars.com, eBay, etc. Find 10 J30's in the US with comparable miles. Pick the 10 most perfect (and expensively priced) cars, and print out those pages. This will be your submission to the ins. co. along with a demand letter for an amount comparable to those 10 cars. They have to compensate you for fair market value OR the cost of replacing your car with a like vehicle...

Jeff IS correct that you should probably retain an attorney. They won't take anything from YOU, and you'll need their assistance. The insurance company will make your life miserable until you cave in.

[diamondj30]

sorry for your loss.hope things look up,diamond

[Jeff Williams]

Hitman, I wish you were my insurance man. I also wish I got fair market for my 1986 Honda Prelude (totaled in 1993), 1990 Honda Accord EX(totaled in 1998), and my 1993 Honda Accord SE(totaled in 2000). But I didn't.

I said the same thing you said, that they were supposed to "replace" my car. They informed me, they did not, only give you "fair trade-in value".

All the 3 different insurance companies(State Farm, Nationwide, and Liberty Mutual) that I was dealing with came up with the same answer: "We only have to pay you what a dealership would pay you, if you were trading it in" I have heard other companies are the same.

By the way, none of the collissions were my fault.

Th insurance company has a limit for rental cars, and the longer it takes, the less you will get (they don't like paying storage for your car).

I agree, get all the information you can. I did, and it mihgt have helped, some.

The "flaws" I was referring to, were the paint touch-up you mentioned, and any wear and tear on the car. They look at the car, just like the dealership does, when turning in a lease.

I have found, if the car is totaled, and the damage is repairable, and you can live with the repair, negociate with a body shop, or dealership for a repair quote that keeps the car from being totaled, and keep the car. That is how I got my Q.

[maxnix]

They informed me, they did not, only give you "fair trade-in value".

It must be different in Alabama, because my understanding is everywhere else it is fair market value. Also, the insurance company may limit the rental reimbursement, but usually if not at fault, the insured at fault has to pay the rental until the vehicle is repaired.

I don't think you needed AZhitman, but an attorney.__________________Brian1995 Q45 & Q45t

[Jeff Williams]

I had the insurance company at fault, billed directly for my rental car (Their standard policy), and after 4 weeks of hassle, the insurance comany cut off the rental car. I had to either return the car, or give them my credit card. They only covered $20.00 per day, and the car was $22.00 per day, so they stuck me with the difference.

I didn't hire an attorney, and they nickel and dimed me to death.

I got screwed, so you don't have to...

Hire an attorney.

[AZhitman]

A hitman is no substitute for a cold-blooded ambulance-chaser.

I wouldn't think twice, I'd have the attorney on speed-dial.

[NY94J30]

Here's the update to my frustration:

I spoke with Geico (her company), I reiterated the accident to them. Their position is my passing through the intersection on a yellow amounts to negligence. DC, being a contributory negligence jurisdiction, bars recovery when any fault can be attributed to the other driver.

My next step is to file the claim with USAA (my company) and allow them to go after Geico for indemnification.

[AZhitman]

They're full of s***.

I suppose being in your car on a day ending in Y amounts to negligence too. :rolleyes

Call an attorney, your company shouldn't have to get involved. Your company can actually raise your rates JUST for involving them.

[NY94J30]

I have avoided an attorney thus far, as I cannot pay. I'm a student. It now is beginning to appear that I will need to though.I'm just going to have to hope to recover costs in any settlement, or proceeding.

This is definitley going to be one of those real world learning experiences.

[AZhitman]

Attorney fees are paid by the party at fault - Geico's gonna be eating his bill.

Don't deal with those a-holes anymore, they'll twist you six ways from Sunday... The attorney will tell you if he (she) thinks it's worth their time.

[Eswift]

Needless to say I will be looking for a new Infiniti, maybe a Q, but more likely another J.

really sorry to hear about the J,

you need to stand by the fact that you didnt contribute any negligence to the situation. its all on her. she got the ticket.

best of luck

[Jeff Williams]

Definitely do NOT involve your insurance company. You will learn why Geico is a cheap insurance company. I have been there. You will spend the next 2 months arguing with them, then get nothing. A lawyer can get them to move in hours. You will save more in rental cars, than you will spend in law fees. You will not get more than the value of the property, unless a lawsuit is involved, guaranteed.

Good luck. If your college has a law department, give one of the instructors, or someone in that department a call. They might use your case as a learning experience. If you showed up with a whole class of lawyers, Geico might fold.

They have lawyers on retainer, but do not want to spend the money defending their insured. Just the threat of a lawsuit might make them move. You can get a lawyer to write a letter, sometimes for free, or a very small amount.

[maxnix]

I have avoided an attorney thus far, as I cannot pay. I'm a student. It now is beginning to appear that I will need to though.I'm just going to have to hope to recover costs in any settlement, or proceeding.

This is definitley going to be one of those real world learning experiences.

Attorneys work on a contingency fee.

As a USAA insured driver, let me reiterate - they are not primarily working for you! They work for themselves, first and foremost. It's really time for a consultation. The most effective attorneys iin these circumstances are PI attorneys. Damages to a used car are just not worth an investinment of a lot of their time to get that last $400 - $1,000 dollars of fair market value you believe your car was worth.

Alll of this, including the previous posts, is civil law 101.__________________Brian1995 Q45 & Q45t

[NY94J30]

I agree with you Brian, attorneys in the tort field typically work for contingency (1/3). Thus, unless I intend to recover monies in addition to those for the property (e.g. PI suit) I will not recover an amount sufficient to replace my car.

As I said before, I can hope for fees in a settlement or judgment but they aren't mandatory in DC.

There are 3 remainng scenarios:

1)I finish my research and determine there is no neglignence in entering an intersection on a yellow light. I present that to Geico and see what happens from there.

2)I involve my insurance company under my policy, i.e. file a claim with them, they now have a vested interest in going after Geico for indemnification - Not to help me out but to recover the money they paid out when another driver was at fault. They can now bear the burdens of any legal costs - though more than likely my rate increase.

3) I retain an attorney, who works likely for a 1/3 contingency, or possibly negotiated cost (much more difficult to find someone willing to take this dog for fee) and proceed to attempt a settlement or to court. This will be protracted and as I said before I can only either hope that costs are granted or I will need to tack on additional damages to recover a sufficient amount.