I was just in an accident

epj3 · Nov 5, 2004

Well I'm okay for the most part. My ankle is sprained very bad, I HAD a nasty seatbelt mark on my chest, and I'm obviously shooken up, but otherwise I'm okay.

The car? Well, not so great.

I was coming down the one major road in Lancaster county after leaving staples. It's a 2 lane road with plenty of traffic. It's a 40mph zone. The person in front of me put on their left turnsignal to turn into a grocery store parking lot, so I, like I and anyone ELSE would do, went on the right of them to get around them. I was going no more than 35 mph to go around them when they finally came to stop, and a black audi A8 which was traveling in the opposite direction was turning left onto a street that was at the same spot I was almost in at the point. By the time I saw the audi, I didn't have enough time to react. I hit the brakes but we were less than a car length away at the point i saw him. I hit them straight on. The drivers side half of the front was really messed up.

Me - Red
Audi - Green
Car turning - Grey

I was worried that I could be at fault, but according to pennsylvania's DMV's website, in the "drivers manual"

from http://www.dmv.state.pa.us/pdotforms/pa_forms_manuals/padriversman.pdf

I wasn't speeding! I hope I'm not at fault - I don't believe I am.

Militant-Grunt · Nov 5, 2004

ouch man sorry to hear that. Did you file an insurance claim yet?

poboyis · Nov 5, 2004

sorry to hear about this. i dont believe you are at fault, i would have done the same thing. sorry to hear about the bimmer too. i know it would hurt to do so, but see if you can get some pictures up so we can better feel your pain. hope you feel better soon.

epj3 · Nov 5, 2004

Didn't file a claim yet. Doing it tomorrow morning.

I'll take pics tomorrow when I go to get my bag out of the trunk.

jrt67ss350 · Nov 5, 2004

Eric,

I am very sorry to hear about this! That really sucks, man. But, I am very glad to hear that you are basically ok. How bad do you estimate the damage to be? How bad was the damage to the A8?

Didn't the cops inform you whether or not you were at fault?

vlad · Nov 5, 2004

Man! That bites! But I'm glad you're OK!

epj3 · Nov 5, 2004

They said they'd call tomorrow and inform me of who they decide would be at fault. Not sure what that means becuase what I did is perfectly legal. He cut across in MY lane of travel.

The damage is bad. Headlights ($200+) were gone, entire front part of the car has to be replaced (hood, grille, bumper, valence, etc.), I imagine the ABS pump which is on that side behind the headlight is probably gone. That's a good $1500. Fender can't be repaired, and I couldn't open my drivers door.

I couldn't check it out becuase I wasn't able to walk. It's really hard not to cry. That's the only thing I, as a college student, own that has any value to me. Everything else I own, like my computer and stuff, I really could care less about. I put an unbelieveable amount of TIME into that car, and all of my money basically went into it. That means those 30 hours a week I worked for the past 2 years, might just be worthless. Really really hard for me to deal with. My family isn't poor, but we can't afford to get another car (I bought the e30 on my own, and it was in as perfect condition that you could imagine for being a 17 year old car).

Am I going to get fu*ked with insurance? He's definitaly at fault, but what do I need to do? I can't afford a lawyer at all. I did have full collision on my car though through state farm.

codex57 · Nov 5, 2004

I don't think you need to do anything. If you're covered by insurance, just let them fight it out. Typically, there's nothing you can do to change who is at fault. For one thing, the cops can say one thing. Whether the insurance companies follow that is up to them. All that matters is if your insurance considers you at fault or not.

Normally, the turning car is clearly at fault. Unfortunately, since you had a one lane road, the cop might decide to split fault 50-50. That's worse case scenario IMO tho. I think it's 70-30 in your favor that it'll be his fault completely.

hosagod · Nov 5, 2004

I'm sure you will not be at fault.

ANd even if you do happen to be found at cause, what can you do about it?

Nothing really...

Cheer up and move on, don't drown yourself in sorrow (as hard as that may be for you to avoid at this point).

Trust me, be glad that you are ok and wish for the best, and I highly recommend making some friends quick, they always help with the bad time. [:)]

epj3 · Nov 5, 2004

codex57 said:

I don't think you need to do anything. If you're covered by insurance, just let them fight it out. Typically, there's nothing you can do to change who is at fault. For one thing, the cops can say one thing. Whether the insurance companies follow that is up to them. All that matters is if your insurance considers you at fault or not.

Normally, the turning car is clearly at fault. Unfortunately, since you had a one lane road, the cop might decide to split fault 50-50. That's worse case scenario IMO tho. I think it's 70-30 in your favor that it'll be his fault completely.

Why? What I did is COMPLETELY legal and I did it safely. He popped out of NOWHERE.

epj3 · Nov 5, 2004

hosagod said:

The fact I'm okay means i'll have to deal with so much bullshit in the next 6 months, it isn't funny. I NEED money for a new car. I can't get a JOB without a car. I am going to be commuting to college next semester... but I can't do that without a car. My dad said I might just have to buy a junker honda. After seeing honda's after accidents, and that a 20 mph crash looks the same as my 45 mph crash...well, no way.

I didn't do ANYTHING to deserve this shit. Why the hell should I suffer for it.

codex57 · Nov 5, 2004

Unfortunately, shit happens.

I don't mean to scare you or anything, but there is the (weak) argument that it wasn't safe to pop around the car since it was blocking your field of view partially. An accident did happen. Cars don't mysteriously pop out from nowhere, despite what everyone in an accident claims. Normally it should be 100% the other guy's fault, but some sketchy insurance companies fight everything and your insurance company might be a wuss and call it 50-50 to save attorney costs.

It's happened to my cousin. She was in a parking lot waiting in line to leave the lot. Idiot in an X5 backed up into her Jetta when backing out of a parking space.. Totally the other person's fault obviously. Stupid All State for some reason decided it was 50-50. After that happened, I'm never really confident when insurance companies decide fault, no matter what the facts.

deutsch100 · Nov 5, 2004

I'm really sorry. Stand your grounds if you are right. With our accident in the X5, the insurance Co. tried to put all the balme on us. We fought them, and they put some of the fault on the young kid who T-boned us.

What is most important is that you are alive and breathing, and able to post your pain and frustrations....the other alternative is much worse.

As far as you car is concerned....let State Farm handle it. This is why we all pay so much frickin money each month for our Bimmers.

Take care, and be gentle on the ankle.

epj3 · Nov 6, 2004

Honestly, I'm totally getting away from BMW's if I get ****ed over on this. I simply can't afford it.

Again, other alternative doesn't seem much worse! Lot less to worry about, lol.

Average Jae · Nov 6, 2004

Eric, i feel for ya, and am glad you can at least type [:p]

sprained ankle will go away eventually, and unless you play ball much, it shouldn't cause any real problems. but if you do ball, then time for some ankle braces.. i hate those things, and i still tweak my ankle now and then.. anyway,

audi seems to be at fault, but does the 2 lane road have shoulders? if so, likely hood of it being your fault is lessened, if no shoulder then the other driver has legimate cause for his non-fault, but highly doubtful. you won't be at fault, but 50-50 may not be out of the question.. (that's what i'm assessing based on what you said.) but i would've done exactly the same in your case. unless, honestly if the shoulder wasn't paved. i def would've just stopped behind the car and waitied. (quite anal about going at speed over gravel and such.. so far anyway)

if anything tho, try to calm down (as much as you can given the situation) and try to get some sleep. yer freaking out at 3 in the morning. everyone freaks out at the smallest thing that late at night. esp going through what you went through. get all the pieces together tomorrow and figure it out then. (unless yer already passed out [:p]

there's no medicine better than a good night's rest.) i know waiting things out sucks, but for the time being, it's either wait it out, or go insane trying to figure out the possibilities.

Kirby · Nov 6, 2004

Sorry to hear about your accident. That sucks, but the important thing is that you are OK.

I wish I had positive info about your insurance and fault, but from personal experience I think you are going to get assigned 25% to 50% of the fault. I had a similar accident years ago, I was crossing 2 lanes of traffic to turn left and couldn't see around the other cars. A car stopped so I could cross over and he waved me out. A car was flying in the passing land and BANG. Totaled my Mustang.

They assigned it 50/50, I probably was lucky, it could have been all mine, I wasn't "under control of my car". From the other driver's viewpoint, he thought I was 100% at fault, he basically got screwed and was in your position.

lpquick · Nov 6, 2004

If there are no injuries or hospital bills it's just vehicle damage. Then it doesn't matter who's at fault, the Ins. companies will wrestle over percentages but your vehicle will be covered. The problem is on how much value the Ins. company places on a 17 yr old car. I'm afraid the check for a totaled 17yr old bimmer won't be enough to replace her. You need to provide receipts and a working log for all the work you put into the car over the last 6 months or so. Long story made short, my vehicle was totaled while stationed in GE. My SUV was 13 years old and the blue book value was at just over 5,000 American dollars. When I showed the adjuster the regular log I kept on the vehicle showing everything done to her since new, inc. gas fill ups, oil changes, tire rotations, repairs, new audio, new tires, I mean everything, he changed his rating and the value of the SUV to just under 13,000. That's a whole lot, I was very upset (of course) at first but after he adjusted the value I was feeling better. With the exchange rate we lost another $800 or so but It was hell of a lot better than $5,000. Just goes to show you how keeping good records can help. Computers have made that so easy today! Hope your ankle heals completely. Good to know no one was seriously hurt. I hope you get enough from your Ins. to at least put a down payment on another bimmer, sounds like mom and dad might help you out after all is said and done. Good luck, let us know how it turns out for you. [B)]

poboyis · Nov 6, 2004

epj3- let me know what all you need, i am getting an E30 donor carm today for my 5-speed swap and will have LOTS of extra parts, PM me to let me know. we can DEFINATLY work something out, i have been there before, and its a bitch.

epj3 · Nov 6, 2004

thanks poboyis, but I doubt i'll have a car after yesterday.

Average Jae - It did have paved shoulders. If I would've gone around, so would have the other 20 cars behind me until the person turned (Though they were in the process of turning as I was beside them.

theBMWenthusiast · Nov 6, 2004

glad to hear you are okay, the other guy sounds at fault on this one, post some pictures when you get a chance

I was just in an accident

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