I was just in an accident

aNoodle

aNoodle

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Wow...sorry to hear about the accident Eric. That sucks. I've always said Audi's are bad news. :)

I'm not sure why you're fretting about who's at fault. Is your deductible real high? I have to agree with Codex though. The audi driver will, no doubt, be looking to cite a section of the code showing you illegally left your lane without turning. Your picture shows your car over the line. Ooops. Partial guilt I'm afraid.

But who knows how the insurance companies will deal with it. Just stick to your guns. I hope it works out all right. When do you get an estimate of the damage?
 
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epj3

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aNoodle said:
Wow...sorry to hear about the accident Eric. That sucks. I've always said Audi's are bad news. :)

I'm not sure why you're fretting about who's at fault. Is your deductible real high? I have to agree with Codex though. The audi driver will, no doubt, be looking to cite a section of the code showing you illegally left your lane without turning. Your picture shows your car over the line. Ooops. Partial guilt I'm afraid.

But who knows how the insurance companies will deal with it. Just stick to your guns. I hope it works out all right. When do you get an estimate of the damage?
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Didn't you read what I just posted??? What I did is legal!!! I didn't leave my lane, I went around the SUV AS it was turning.
 
aNoodle

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epj3 said:
Didn't you read what I just posted??? What I did is legal!!! I didn't leave my lane, I went around the SUV AS it was turning.
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Oh.

Your picture shows you leaving your lane to at least partially take to the shoulder of the road. I didn't realize you just went straight. If you never left your lane to get around a stopped/slowing/turning vehicle then how is this even an issue? There must be a motor vehicle code section about leaving your lane of travel or creating a 3rd lane on a two lane road. I'm not arguing with you, just pointing out what the audi driver will probably argue.
 
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epj3

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aNoodle said:
Oh.

Your picture shows you leaving your lane to at least partially take to the shoulder of the road. I didn't realize you just went straight. If you never left your lane to get around a stopped/slowing/turning vehicle then how is this even an issue? There must be a motor vehicle code section about leaving your lane of travel or creating a 3rd lane on a two lane road. I'm not arguing with you, just pointing out what the audi driver will probably argue.
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I was half in the shoulder - but that's not illegal!!!!! As long as there is a shoulder and you don't LEAVE the shoulder, you are allowed to do it.

Title 75: Chatper 33: § 3304. Overtaking vehicle on the right
(a) General rule.-The driver of a vehicle may overtake and pass upon the right of another vehicle only under one of the following conditions:
1. When the vehicle overtaken is making or about to make a left turn, except that such movement shall not be made by driving off the berm or shoulder of the highway.

Driving ON the shoulder is okay - but you can not leave the shoulder. I didn't, I was at least halfway on my road.
 
aNoodle

aNoodle

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epj3 said:
I was half in the shoulder - but that's not illegal!!!!! As long as there is a shoulder and you don't LEAVE the shoulder, you are allowed to do it.

Title 75: Chatper 33: § 3304. Overtaking vehicle on the right
(a) General rule.-The driver of a vehicle may overtake and pass upon the right of another vehicle only under one of the following conditions:
1. When the vehicle overtaken is making or about to make a left turn, except that such movement shall not be made by driving off the berm or shoulder of the highway.

Driving ON the shoulder is okay - but you can not leave the shoulder. I didn't, I was at least halfway on my road.
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LOL. You make a wonderful argument. But you discount part (b) "Limitations."

"(b) Limitation.-No passing movement under this section shall be made unless the movement can be made in safety."

You lost your right of way when you left your lane and partially took to the shoulder of the road. He, likewise, lost his right of way when he made a left turn across an opposite travelling lane. But I like your argument. Run with it, keep to your guns. Your best argument would be that you were well back in your lane well before the cars hit each other. Hehehe. Good luck.
 
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epj3

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aNoodle said:
LOL. You make a wonderful argument. But you discount part (b) "Limitations."

"(b) Limitation.-No passing movement under this section shall be made unless the movement can be made in safety."

You lost your right of way when you left your lane and partially took to the shoulder of the road. He, likewise, lost his right of way when he made a left turn across an opposite travelling lane. But I like your argument. Run with it, keep to your guns. Your best argument would be that you were well back in your lane well before the cars hit each other. Hehehe. Good luck.
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The law says its legal to do what I did!!! It says as long as you don't leave the shoulder or burm of the roadway - which I did not!!
 
selavia

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Hey Eric,

Sorry for your accident; was just in a serious one myself, it definitely sucks.

Man, I think you need to relax first of all; you seem way too wound up to be dealing with this in a calm and rational way.

Second, logically speaking, if the vehicle you were over taking was an SUV, then neither you NOR the A8 could see each other, therefore both of you have some liability because you proceeded without first making sure the other was not there.

Third, did the police officers take statements from the people who were behind you, and from the peole who were behind the A8? That seems somewhat crucial in deciding who is more at fault.

Fourth, whether or not you want to accept this fact, regardless of the law you are reading, you will still be at some level of fault. By your description (i.e. that it was an SUV) you the movement could NOT have been made in safety. For all you may know two people could have been getting it on in front of the SUV; the fact remains that you did not, nor could not seem what was in front. I've read the laws you provided, and I hope you realize that U.S. laws are common laws, which inherently imply that they are open to interpretation...you are interpreting in a way that hinges on the definition of the phrase "Movement made in safety." Most lawyers, insurance companies, and police officers are going to wonder how you could make a safe movement when you couldn't see the A8. Still if you argue well, you could win.

Fifth, by the fact that you're still here and the damage to your car is not bad considering your respective speeds, you should not be discounting getting another BMW; chances are that car probably saved you from serious damage. I would think that's more of a reason to take out a loan and BUY another BMW. That's just me though; I could be way off, but some how being in debt a bit sure as hell is worth having peace of mind.

Good luck man, hope everything works out for you. Contest the police report if you have to, but calm down first.

Sean
 
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epj3

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selavia said:
Hey Eric,

Sorry for your accident; was just in a serious one myself, it definitely sucks.

Man, I think you need to relax first of all; you seem way too wound up to be dealing with this in a calm and rational way.

Second, logically speaking, if the vehicle you were over taking was an SUV, then neither you NOR the A8 could see each other, therefore both of you have some liability because you proceeded without first making sure the other was not there.

Third, did the police officers take statements from the people who were behind you, and from the peole who were behind the A8? That seems somewhat crucial in deciding who is more at fault.

Fourth, whether or not you want to accept this fact, regardless of the law you are reading, you will still be at some level of fault. By your description (i.e. that it was an SUV) you the movement could NOT have been made in safety. For all you may know two people could have been getting it on in front of the SUV; the fact remains that you did not, nor could not seem what was in front. I've read the laws you provided, and I hope you realize that U.S. laws are common laws, which inherently imply that they are open to interpretation...you are interpreting in a way that hinges on the definition of the phrase "Movement made in safety." Most lawyers, insurance companies, and police officers are going to wonder how you could make a safe movement when you couldn't see the A8. Still if you argue well, you could win.

Fifth, by the fact that you're still here and the damage to your car is not bad considering your respective speeds, you should not be discounting getting another BMW; chances are that car probably saved you from serious damage. I would think that's more of a reason to take out a loan and BUY another BMW. That's just me though; I could be way off, but some how being in debt a bit sure as hell is worth having peace of mind.

Good luck man, hope everything works out for you. Contest the police report if you have to, but calm down first.

Sean
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I'm definitely buying another bmw! Sorry if what I said was misleading. The way it held up is just absolutely AMAZING to me. I will still argue that I didn't see the audi becuase he was moving at a high rate of speed making an illegal turn (he didn't turn left by moving UP to the left turn then turning, he cut across diagionally).

The way the bmw held up is the exact reason I AM buying another bmw. My dad said about buying a car that will just get me through college. To me the only option is a BMW.
 
tool fan

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Man that sucks......glad to hear that you are ok though. BMW or not.............just remember man, it was still just a car and I know I would not feel the same if it were my car but what is important is that all you limped away with was a sprained ankle. You are young and have plenty of time to replace you lost love. Hang in there......I am pullin for ya!
 
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epj3

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Section_8 said:
Good deal man, I wish the best for you. Whats the latest estimate on your car from the insurance? Is it totalled, or can it be repaired? What's broke?
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I don't know yet. I think they are probably going to want to get an estimate, but I'm pretty sure after they get the estimate from the bmw dealer they are going to want to total it, which is what I want them to do. I'll probably be going for an e36 this time around. I love e30's, but they are unbelieveably capable cars - meaning I'd end up throwing more and more money into suspension, tires, everything. With an e36, I'd do the same, but there's a limit. I know it probably doesn't make much sense since there are more 'mods' for an e36 than e30, but if you've owned a great-condition e30, and you are thinking about doing auto-cross one day, you'll know what I mean!!
 
finch

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hey man, sorry to hear.. i know im a bit late, but good news on the "not your fault" as, wouldnt the law also say that the person turning left (across your lane) could only do so if safe? (ive probably missed a whole lot, only read the first page)

a similar thing hapened to my e30, except it was my fault and i hit a tree.. but any way, i got a second hand front (about the first foot of car) bumper. lights, apron, radiator suports etc.. and jsut pulled off the damaged stuff and welded the new stuff on.. i dont know if ill ever get the car re-registered, but it was my first car and i couldnt bare to see it die..

so best of luck with it all..
 
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Sorry to hear this Eric. I have not signed on much lately but I did notice in one of your posts earlier today than you said you no longer have a BMW and was wondering what was up.

It seems like you may get some $$$$ which will be a good thing.

Good luck and keep us posted.
 
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