Car Accident!

[James_T]

Yep, got myself into a nice little crash here.

Technically my fault, as written on the report, but not logically. From a stop sign, I was pulling out onto a two-lane-per-side road, and a woman following a person turning into where I was stopped went ahead and hit the gas, and plowed directly into my rear panel and bumper. Tore the back panel right off, and ripped a bit off of the rear bumper. I also found a scrape on the tire and the wheel.

Sadly, I had glanced back at the woman because I saw her coming fast out of the corner of my eye, and I noticed that she was looking down at her hands, I'd imagine texting or something of the sort. She never touched the brakes or anything, just plowed straight on through my Runner!

(Sorry about the bad quality, only have my Blackberry on hand)

As for the woman's car, her Pontiac Grand Prix was completely totaled, front end was crushed into bits and the engine was ruined. As far as I can tell, there is no frame damage to my 4Runner, except a bent tow hook.

I'm calling around for some shops to get the body repair done, and a wheel alignment as well, since I drove it home, and the straight ahead position was the steering wheel pointed slightly to the left.

One thing I am worried about is that when I start the car, and when I stop the engine, it feels like the driveshaft or engine vibrates quite a bit. Is this that notorious driveshaft lube problem, or is it possibly something quite worse?

 

[MikesToy]

That sux. Whoever wrote that report that it's your fault must be on crack and needs some education.

 

[James_T]

That sux. Whoever wrote that report that it's your fault must be on crack and needs some education.

Haha, if only I could say that.

To be brutally fair, I know it was technically my fault, since I was at a stop sign, but you know, can't expect them to fix it simply because they have no proof the woman was doing anything dangerous.

 

[SkylineGTRracer]

Sorry to hear that bro! at least the cars drivable.

 

[12guns]

Sucks that it happened, the cop was right as you know, you failed to yield from a stop sign. The lady behind the other car had the right to floor it if she wanted to. The only defense for you would be "last clear chance" claiming that the other lady didn't take the last clear chance to avoid that accident. Good luck proving that one. She'll just say you pulled out in front of her and she couldn't stop. Sucks that it happened, but glad you're ok. That's what insurance is for, and that's why I have a job! Find you a good bodyshop and it'll be good as new!

I'll tell you one I see all the time...same road, two lanes either way. I see people all the time pull onto a road trying to stay in their lane...they always say "the outside lane was clear" but while they pulled out the vehicle in the inside lane changed lanes into the outside lane resulting in a crash... The vehicle pulling out has to yeild to the traffic not matter which lane. Not to mention NOBODY can ever seem to stay in their lane when trying to pull out!! You've all seen it! Sorry to rant.

 

[MikesToy]

In Cali, 9 times out of 10 whoever gets rear-ended is never at fault. The driver behind should have had clearance. That's why it's illegal to tailgate.

 

[SkylineGTRracer]

In Cali, 9 times out of 10 whoever gets rear-ended is never at fault. The driver behind should have had clearance. That's why it's illegal to tailgate.

yea but most people are stupid. my senior year I was at a stop light and a old lady with her loud mouth daughter rolled into my hitch ball (THANK GOD) and she tried to blame me as I stop short. again I had witnesses and she got in trouble. she was also talking on the F#@$!@ phone.

 

[blackmax]

In Cali, 9 times out of 10 whoever gets rear-ended is never at fault. The driver behind should have had clearance. That's why it's illegal to tailgate.

Maybe I missed some detail. If your rear-end is damaged, and her front-end is damaged, YOU WIN AUTOMATICALLY in every state. There is NO question about this. I was once rear-ended, and the guy told the cop I pulled out in front of him. Well, the cop was dumb enough to say it was my fault. I never admitted any such thing either (and in truth, I didn't).

Well, it didn't matter what some cop thinks. With no complaints, BOTH insurance companies found the other guy at fault. Again, if your rear is damaged and her front is damaged, and you didn't make a statement like "I slammed on my brakes and it was my fault" or "I pulled out in front of her and she couldn't avoid me. It's my fault".....or something like that, you win. Not 99% of the time, 100%. Cops don't make the rules or decisions. They didn't go to law school and aren't even liability experts.

Maybe there's a detail we're missing. Hope the truck's okay though.

 

[Mark86]

Sorry to see what happened to your truck. I also thought if you are rear ended, you are automatically not at fault regardless. Why don't you have the police or insurance company check her cell phone bill and see if there were any calls/texts placed during the time that the accident happened.

If you did not admit fault in the police report, you probably have a leg to stand on. Those pictures clearly look like you were rear ended.

 

[James_T]

Maybe I missed some detail. If your rear-end is damaged, and her front-end is damaged, YOU WIN AUTOMATICALLY in every state. There is NO question about this. I was once rear-ended, and the guy told the cop I pulled out in front of him. Well, the cop was dumb enough to say it was my fault. I never admitted any such thing either (and in truth, I didn't).

Well, it didn't matter what some cop thinks. With no complaints, BOTH insurance companies found the other guy at fault. Again, if your rear is damaged and her front is damaged, and you didn't make a statement like "I slammed on my brakes and it was my fault" or "I pulled out in front of her and she couldn't avoid me. It's my fault".....or something like that, you win. Not 99% of the time, 100%. Cops don't make the rules or decisions. They didn't go to law school and aren't even liability experts.

Maybe there's a detail we're missing. Hope the truck's okay though.

I did give my insurance a call, and they said they'd call me back with a representative to let me explain what happened in detail, so, we might be able to see how that pans out.

I'm certain I made sure to not blame myself for the crash, so, something could be happening in my favor, but I'm not holding my breath for anything, haha.

---
On another note, I took the truck out for a drive on my street, and for some reason, I can't replicate the vibration noise unless I start/stop my engine, and I have absolutely no idea what is causing it. I'm planning on driving it to the Toyota Dealership tomorrow, and don't want to have a nasty thing happen at speed, you know? :lookout:

 

[offshorebear]

You might want to lawyer up - in my state you can't be at fault when you get rear ended.

Steering is off? Get the frame checked. Get everything looked over by a shop you trust.

 

[BamBam]

Sorry to see what happened to your truck. I also thought if you are rear ended, you are automatically not at fault regardless. Why don't you have the police or insurance company check her cell phone bill and see if there were any calls/texts placed during the time that the accident happened.

If you did not admit fault in the police report, you probably have a leg to stand on. Those pictures clearly look like you were rear ended.

I agree with Mark. That's what I was going to say. Police have the ability to get phone records in investigations and see if she was texting at the time of the accident, especially if you have it all documented as to the exact time it took place.

That's not just a bad idea, in many municipalities it is now illegal and they are throwing the book at people over it because it is the cause of the day in road safety.

I've seen more people driving impaired due to phone distractions than anything else of late. I almost want to pull over and shake the hand of those people who are wise enough to pull over and take care of their phone business on the side of the road instead of trying to drive, eat, text, and dance at the same time.

It sounds to me like you have a good shot at winning a judgment if she hit you hard enough to ruin her car and it destroyed her front end. She didn't brake or anything apparently. I'd get a lawyer on it ASAP, especially if you feel hurt at all. I'm not saying to make up an injury by any means, but if you are sore and having headaches and such then it is potentially serious, and if you are suffering any pain at all then that typically changes the tune of insurance companies and they so desperately want to avoid a lawsuit for you getting physically injured that they will try to quickly and quietly just pay to have your vehicle repaired and call it good and hope like heck that you don't make more of an issue out of it.

I admit that I'm really tired and not making much sense of things, but I'm confused as to how the whole thing happened. Perhaps you should act it out with hot wheels and put it on youtube for the visual learners like myself to see if I can make better sense of it. :wow:

I hope you are ok, and make darn sure they check the frame out. It shouldn't cost a bunch of additional money to have them double check the frame while they are doing other repairs anyway. If it is off at all then it could be much more serious of a repair and much much costlier than you think. I've seen quite a few cars "drive away from the scene" and end up being totaled out because of unseen damage to the frame and other undercarriage structures.

 

[James_T]

Funnily enough, I had thought about making a recreation of the accident, either in real life or on Flash or something. That might be of some help, I'll get right on that when I've got a bit of spare time today.

As per injuries, neither of us were injured in the slightest, so, not too sure I could be the one to falsify injuries for the sake of argument.

For repairs, I'm planning on driving to this Toyota dealership tomorrow (or today, if I get a chance) in my father's car to ask for some information and a quote. I'd imagine the price would be much higher than an auto body shop, but, since insurance for me is 1k deductible, might as well get it done at reputed dealers.

 

[12guns]

Just because there's damage on the rear of your vehicle and the front of the other vehicle DOES NOT mean they are at fault. That's silly to say. What if the person in front of you backed into you at a stop light? The facts of what happened are what determine who's at fault. In this case, he admitted he pulled out in front of the other lady, thus he's at fault. Sucks for sure, but if he couldn't pull out and get up to speed, then he's at fault. If he had lied (as most of my customer do) he could have said she rearended him, but if there were any wittnesses that wouldn't hold up anyway.
"Lawyer up" Seriously? Ambulance chasers don't represent property damage claims. Even if he finds one to represent him for his vehicle damage, they have to have evidence and proof that the other driver was at fault. Just my opinion. Like I said, sucks that it happened, but "lawyer up" is certianly not the answer and contrary to public belief, there is more to liablity decisions than the myths floating around.
Hope you're 4runner gets fixed and back to normal!

 

[offshorebear]

In my state you can pull out into 65 mph high way traffic and get rear ended and NOT be at fault. The other driver should have maintained safe distance and not drive faster than they can see ahead of them. It doesn't make sense but that's the law. Also if you roll back at a traffic light you are not at fault, its the person behind you for pulling so close.

Lawyer up for sure, not for a lawsuit (insurance will be doing this) but to get the accident changed so he is not at fault. Unless he likes high insurance premiums.

 

[12guns]

In my state you can pull out into 65 mph high way traffic and get rear ended and NOT be at fault. The other driver should have maintained safe distance and not drive faster than they can see ahead of them. It doesn't make sense but that's the law. Also if you roll back at a traffic light you are not at fault, its the person behind you for pulling so close.

Lawyer up for sure, not for a lawsuit (insurance will be doing this) but to get the accident changed so he is not at fault. Unless he likes high insurance premiums.

Sorry, but that's BS even if that is the law in your state. If a veh backs up or rolls back into a stopped vehicle. The moving vehicle is at fault IF it can be prooved and all parties agree on what happened.
Not sure about pulling onto a 65 mph highway and getting rearended. It depends on too many factors to say it's cut and try like that.
Getting a lawyer will not change anything. I'm not sure why people think lawyers will "make" the insurance company do what they want. The truth is james_t will probably not be able to find a single attorney willing to represent him based on the police report alone, not to mention the drivers that apparantly all agree on what took place. I guarantee you that the officer will say his decision is based on all evidence at the scene of the accident and his report will not change. Furthermore it appears that Mr. James-T agreed that he pulled out in front of the other vehicle when he talked to the officer. The vehicle already traveling straight has the right of way. Sure they have a duty to stop if they can, but if they can't it doesn't mean they have to drive 5 mph everywhere they go just in case someone pulls out in front of them. Pretty simple to me, but I do this everyday and have less than 1% of "at fault" people tell me they are at fault.
I have even had people hit parked cars and say "they shouldn't have parked so close". Just worked on today where a guy hit another vehicle that ran out of gas and was being pushed off the road. Of course "they shouldn't have been in the middle of the road".

Sorry for the rant...all I'm saying is the vast majority of the public don't have a clue about who is and who is not at fault, but they all act like they know it all. Not meaning to be an ass, just telling you the insurance companies' side and what would happen if james_t were to dispute being at fault. Would be a waste of time unless the other driver admits she didn't see him or wasn't paying attention.

 

[blackmax]

In my state you can pull out into 65 mph high way traffic and get rear ended and NOT be at fault. The other driver should have maintained safe distance and not drive faster than they can see ahead of them. It doesn't make sense but that's the law. Also if you roll back at a traffic light you are not at fault, its the person behind you for pulling so close.

Lawyer up for sure, not for a lawsuit (insurance will be doing this) but to get the accident changed so he is not at fault. Unless he likes high insurance premiums.

That's not true. Lot's of people think this is the case, but it's not. Yes, when your rear gets hit by someone, and their front caused the damage, it's by default, their fault. However, this does not apply if it can be PROVEN that you violated their right of way, and thus caused the accident. Right of way is the key, and pulling in front of someone (if proven) is a text book right of way violation.

But again, the trick is to prove you pulled out in front of them. So, the real answer is: "when rear-ended, it's not your fault, until it can be proved, with a preponderance of the evidence, that you violated a right of way"

 

[banker1]

...might as well get it done at reputed dealers.

Don't be fooled... most dealerships don't handle the body work on site, they usually outsource it to body shop.

I had an accident with an Acura I owned. I took it to the dealer to get it fixed thinking it would be taken care of there... no such luck. I also know the Lexus dealership my father works for outsources all its body work too.

I have an Audi S4 which was rearended a few months back. The best thing I did was research body shops in the area (I'm in MN now). I ended up at a small shop which got great reviews. The owner did most of his work restoring cars and doing custom paint. I must say, the paint looks better than it did new. I'm sure there are members here in your general area who can recommend a shop.

I've found bigger shops don't always take the time to do things right (i.e., align panels, match and blend paint perfectly, heck paint well well in the first place). You want to get the truck fixed right the first time!!!

Good luck!

 

[10majfar]

That really blows. I would be angry out of my mind right now if I were you.
Whenever I see someone texting while driving I immediately flip them off, honk, or give them a nasty look. It has become a sort of habit of mine to reprimand them. One person you intimidate could mean one less texter on the road. One less texter means less lives lost due to texting. I encourage everyone else to do the same, just don't get yourselves killed.

 

[James_T]

Don't be fooled... most dealerships don't handle the body work on site, they usually outsource it to body shop.

I had an accident with an Acura I owned. I took it to the dealer to get it fixed thinking it would be taken care of there... no such luck. I also know the Lexus dealership my father works for outsources all its body work too.

I have an Audi S4 which was rearended a few months back. The best thing I did was research body shops in the area (I'm in MN now). I ended up at a small shop which got great reviews. The owner did most of his work restoring cars and doing custom paint. I must say, the paint looks better than it did new. I'm sure there are members here in your general area who can recommend a shop.

I've found bigger shops don't always take the time to do things right (i.e., align panels, match and blend paint perfectly, heck paint well well in the first place). You want to get the truck fixed right the first time!!!

Good luck!

Interesting point, I will most definitely take that into consideration

If anyone is local around the South Florida area (Jupiter, Wellington, Gardens, and Greenacres mostly), I'd love a recommendation :bluejump: