M3 Totaled

charles j m · 10-24-2012, 02:03 PM

Hey guys - First off everyone is safe.

To sum up what happened:
Around four days ago; A woman in her mid 20's was drinking and driving with her friends. She was going around 80mph the wrong way on a one way street. I was just about to make a turn from an intersection and the rest is all history. Her car ran into a Papa John's and completely destroyed it.

(Article: http://www.ksdk.com/news/article/343...ntown-pizzeria)
--

But yeah I had a couple of questions hoping you guys could help me out with maybe some of your own experiences or what you've heard.

This 2010 m3's lease is actually up in January (really soon) and actually wanted to buy it out.. (only had 14k miles).

What happens to the lease contract? Does it get terminated or does BMW give you another car somehow (lol idk)?

If the lease contract is terminated will I get my security deposit back or down payment?

Also, will I have to pay state taxes, title, reg, and the inception fee for a new lease?

Will any of this matter to BMW that the accident was not my fault?

Any help is appreciated!

Here's a pic:

Her Car in Papa John's:

Picture of her car getting towed out of Papa John's:

MStar · 10-24-2012, 02:07 PM

It all has to be settled by the insurance companies. Since this was clearly her fault, her insurance should settle with you and with the bank that still owns the car. I am pretty sure you will not be liable for any costs or payments.

THE TECH · 10-24-2012, 02:29 PM

My guess is that lease will be terminated. If you want another car, it will be like starting a new lease.

m3an · 10-24-2012, 02:32 PM

car is written off so you would start a new. You should never, ever put money down on a lease anyways as it is a loss, so I wouldn't expect you to recoup you down payment; you should recoup the security as the car was totaled.

Glad your ok, sounds like a mess

e1000 · 10-24-2012, 02:59 PM

80mph the wrong way on a one way street, wow, is everyone ok?

charles j m · 10-24-2012, 03:05 PM

Quote:

Originally Posted by e1000

80mph the wrong way on a one way street, wow, is everyone ok?

Yeah everyone is surprisingly okay. My friends and I have a concussion, scratches and bruises all over. She was just crying profusely on the sidewalk before the EMTs and paramedics took her away; on a side note though she had a couple of friends in the car too and they RAN away (so I don't know about them - I guess they were drunk too and didn't want to be apart of that situation)!

MStar · 10-24-2012, 03:11 PM

Quote:

Originally Posted by charles j m

Yeah everyone is surprisingly okay. My friends and I have a concussion, scratches and bruises all over. She was just crying profusely on the sidewalk before the EMTs and paramedics took her away; on a side note though she had a couple of friends in the car too and they RAN away (so I don't know about them - I guess they were drunk too and didn't want to be apart of that situation)!

Get youself a personal injury lawyer..trust...you will thank me a year from now.

joe@trinityautosport · 10-24-2012, 03:16 PM

I'm glad that everyone is ok.

Quote:

Originally Posted by Yolkster

Get youself a personal injury lawyer..trust...you will thank me a year from now.

+1

rjd598 · 10-24-2012, 03:19 PM

Quote:

Originally Posted by Yolkster

Get youself a personal injury lawyer..trust...you will thank me a year from now.

+2 glad you're ok and hopefully everything will be ok

Port Canaveral M3 driver · 10-24-2012, 03:21 PM

Yolkster is 100% correct. Many times, certain types of spinal injuries show up weeks later and will be attributed to the car wreck. Money spent now will be money saved later!

MStar · 10-24-2012, 03:26 PM

Quote:

Originally Posted by Port Canaveral M3 driver

Yolkster is 100% correct. Many times, certain types of spinal injuries show up weeks later and will be attributed to the car wreck. Money spent now will be money saved later!

It should not cost the OP any money, Personal injury lawyers work off a contingency (standard is 33.3%) and his medical will be picked up by the other party's insurance company or PIP.

This lady's negligence and drunk driving caused damage, injury and pain/suffering to the OP and his pasengers so they will definitly be compensated for that. He has an excellent case.

charles j m · 10-24-2012, 03:34 PM

Quote:

Originally Posted by Port Canaveral M3 driver

Yolkster is 100% correct. Many times, certain types of spinal injuries show up weeks later and will be attributed to the car wreck. Money spent now will be money saved later!

"certain types of spinal injuries show up weeks later and will be attributed to the car wreck."

Great to know!! This has intrigued me ten fold. I felt bad for her crying and didn't care for suing her for money (she did probably 200k+ of damages in a matter of 5 seconds), but this is a different story.

Quote:

Originally Posted by Yolkster

It should not cost the OP any money, Personal injury lawyers work off a contingency (standard is 33.3%) and his medical will be picked up by the other party's insurance company or PIP.

This lady's negligence and drunk driving caused damage, injury and pain/suffering to the OP and his pasengers so they will definitly be compensated for that. He has an excellent case.

Yolkster; Thank you for this information. I know it seems adolescent to not know about these things, but I have never been in a major car accident before. I am in the process now of contacting a personal injury lawyer!

MStar · 10-24-2012, 03:38 PM

Quote:

Originally Posted by charles j m

Yolkster; Thank you for this information. I know it seems adolescent to not know about these things, but I have never been in a major car accident before. I am in the process now of contacting a personal injury lawyer!

Consider yourself lucky...unfortunately I have been through this..get with a lawyer ASAP and make sure you seek treatment for your injuries (your lawyer will be able to guide you through the process)

Good luck

HeartMD · 10-24-2012, 04:15 PM

First off OP glad to hear you are ok.

Totally agree on Lawyering up for this one. Though like mentioned the car will be written off and your lease agreement terminated but you will loose you down payment. I speak from expericence as I had a car totaled a long time ago, and althought the insurrance companies handled everything I lost the 5k I had put as a down payment.

nbennettksu · 10-24-2012, 04:19 PM

omg glad you are alright! What a crazy scenario.

M3PO · 10-24-2012, 04:28 PM

You need to do everything in your power to ruin her life. She could have killed half a dozen or more people.

CarbonFoot · 10-24-2012, 04:32 PM

Sincerely hope you're all doing well and glad to see your car provided the protection you and your passengers needed to walk away from it.

Since your car appears totaled, once the insurance company determines fault, they will likely settle your lease with BMW.

X2Board · 10-24-2012, 04:48 PM

OP, I'm glad you and everyone else are okay. That could have had a much different ending if she had t-boned you instead. I'll add to the "get an attorney" chorus, you will be feeling this later!

kwike92 · 10-24-2012, 05:23 PM

Quote:

Originally Posted by rjd598

Quote:

Originally Posted by Yolkster

Get youself a personal injury lawyer..trust...you will thank me a year from now.

+2 glad you're ok and hopefully everything will be ok

+1000000

Boostin FD · 10-24-2012, 06:27 PM

Glad you're okay... I saw this on the news... Didn't think M3 owner was on the forum.

info@trinityautosport · 10-24-2012, 06:29 PM

very good to hear that everyone is ok

6spdg37s · 10-24-2012, 06:29 PM

get a lawyer bro ...not the tv injury lawyers...like a ligit one that you will pay a set fee versus a large % of what u win..

glad you guys are all okay...

its not like she was sober and went thru a yellow light and hit u at 10 mph...

80 mph in wrong direction... thats plain negligence and personally.. i would press criminal charges against her to (which im pretty sure u can do)

10-24-2012, 02:03 PM	#1
charles j m Private First Class 37 Rep 103 Posts Drives: around for no reason Join Date: Jul 2008 Location: new jersey;so fla; ga; midwest iTrader: (6)	Hey guys - First off everyone is safe. To sum up what happened: Around four days ago; A woman in her mid 20's was drinking and driving with her friends. She was going around 80mph the wrong way on a one way street. I was just about to make a turn from an intersection and the rest is all history. Her car ran into a Papa John's and completely destroyed it. (Article: http://www.ksdk.com/news/article/343...ntown-pizzeria) -- But yeah I had a couple of questions hoping you guys could help me out with maybe some of your own experiences or what you've heard. This 2010 m3's lease is actually up in January (really soon) and actually wanted to buy it out.. (only had 14k miles). What happens to the lease contract? Does it get terminated or does BMW give you another car somehow (lol idk)? If the lease contract is terminated will I get my security deposit back or down payment? Also, will I have to pay state taxes, title, reg, and the inception fee for a new lease? Will any of this matter to BMW that the accident was not my fault? Any help is appreciated! Here's a pic: Her Car in Papa John's: Picture of her car getting towed out of Papa John's: Last edited by charles j m; 10-25-2012 at 12:59 PM..
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10-24-2012, 02:07 PM	#2
MStar Banned 6 Rep 290 Posts Drives: e92 M3 Join Date: Oct 2012 Location: Here and there iTrader: (0)	It all has to be settled by the insurance companies. Since this was clearly her fault, her insurance should settle with you and with the bank that still owns the car. I am pretty sure you will not be liable for any costs or payments.
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10-24-2012, 02:29 PM	#3
THE TECH BimmerPost Supporting Vendor 307 Rep 13,093 Posts Drives: BPMsport 2012 E92 M3 Join Date: Jun 2011 Location: Kansas iTrader: (45) Garage List 2013 Nissan GTR [0.00] 2019 Sierra Denali ... [0.00] 1999 Nissan Silvia [0.00] 1999 Nissan Skyline ... [0.00] 1998 Toyota Supra [0.00]	My guess is that lease will be terminated. If you want another car, it will be like starting a new lease.
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10-24-2012, 02:32 PM	#4
m3an Banned 39 Rep 1,590 Posts Drives: M3 Join Date: Oct 2010 Location: South Florida iTrader: (2)	car is written off so you would start a new. You should never, ever put money down on a lease anyways as it is a loss, so I wouldn't expect you to recoup you down payment; you should recoup the security as the car was totaled. Glad your ok, sounds like a mess
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10-24-2012, 02:59 PM	#5
e1000 that's what SHE said! 75 Rep 1,163 Posts Drives: 2011 E92 M3 ZCP Join Date: Jun 2010 Location: OC iTrader: (1)	80mph the wrong way on a one way street, wow, is everyone ok? __________________
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10-24-2012, 03:21 PM	#10
Port Canaveral M3 driver Enlisted Member 1 Rep 41 Posts Drives: 13 E92 M3 & 05 BMW R1200GS Join Date: Aug 2012 Location: Florida iTrader: (0) Garage List 2005 BMW R1200GS [0.00] 2003 Infiniti G35 S ... [0.00] 2013 BMW M3 [0.00]	Take Yolkster's advice. Yolkster is 100% correct. Many times, certain types of spinal injuries show up weeks later and will be attributed to the car wreck. Money spent now will be money saved later!
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10-24-2012, 04:15 PM	#14
HeartMD Captain 47 Rep 656 Posts Drives: 2011.75 MW,ZCP E92 Join Date: Apr 2011 Location: CT iTrader: (0)	First off OP glad to hear you are ok. Totally agree on Lawyering up for this one. Though like mentioned the car will be written off and your lease agreement terminated but you will loose you down payment. I speak from expericence as I had a car totaled a long time ago, and althought the insurrance companies handled everything I lost the 5k I had put as a down payment. __________________ 2011.75 E92 MW/BB extended,ZCP,ZP2,ZCV, IPOD,BMW APPS, Heatedseats,6MT, Edition Black Chrome Grills & Side Gills, CF splitters, CF performance spoiler, CF mirror caps, Turner black anodized pedals, Akropovic Evolution exhaust w/CF tips, Still Undecided on tune, AFE Pro5r, AFE intake scoops, LUX H8 2009 E92 JB/Black 335 xdrive (retired)
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10-24-2012, 04:28 PM	#16
M3PO Colonel 84 Rep 2,792 Posts Drives: '08 IB E92 Join Date: Sep 2011 Location: OC iTrader: (7)	You need to do everything in your power to ruin her life. She could have killed half a dozen or more people. __________________ 2008 IB E92 M3\| BBS \| KW \| Arkym \| Platte Forme A.G. \| Active Autowerke \| K&N \| Fabspeed \| Dinan \| Evolve-R
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10-24-2012, 04:32 PM	#17
CarbonFoot Lieutenant 37 Rep 421 Posts Drives: 2024 M3 CS Join Date: Dec 2011 Location: CA - Bay Area iTrader: (3)	Sincerely hope you're all doing well and glad to see your car provided the protection you and your passengers needed to walk away from it. Since your car appears totaled, once the insurance company determines fault, they will likely settle your lease with BMW.
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10-24-2012, 04:48 PM	#18
X2Board Lieutenant Colonel 444 Rep 1,643 Posts Drives: I'm back, bitches! '13 E92 ZCP Join Date: Feb 2011 Location: Wake Forest, NC iTrader: (1)	OP, I'm glad you and everyone else are okay. That could have had a much different ending if she had t-boned you instead. I'll add to the "get an attorney" chorus, you will be feeling this later! __________________ 2013 Jerez Black/Black E92 ZCP DCT - I'm back!! 2014 Guards Red 991 C2S 7MT - Gone. 2015 YMB/SS F80 M3 6sp - Gone 2011 Sapphire Black/Black E70 X5 M - Gone. 2010 Jerez Black/Black E90 M3 DCT -Gone-
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10-24-2012, 06:27 PM	#20
Boostin FD Bored all the time 382 Rep 2,173 Posts Drives: Batmobile Join Date: Jan 2010 Location: Kirkwood iTrader: (2)	Glad you're okay... I saw this on the news... Didn't think M3 owner was on the forum. __________________ Current: 2014 991 Turbo RS Past: 15 GT3, 17 R8 SC, Two 16 M4 GTS’s, Two 18 GT350R's, Two 13 RS5’s, 13 M3, 10 R8, 15 M4, 09 M3, 04 M3, 09 S5, 02 M3... It all started with an RX-7 (FD).
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10-24-2012, 06:29 PM	#21
info@trinityautosport 281 Rep 7,518 Posts Drives: F13 M6 Join Date: Apr 2012 Location: Anaheim, CA iTrader: (0)	very good to hear that everyone is ok
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10-24-2012, 06:29 PM	#22
6spdg37s Captain 70 Rep 753 Posts Drives: none Join Date: Aug 2012 Location: dirty jerz iTrader: (3)	get a lawyer bro ...not the tv injury lawyers...like a ligit one that you will pay a set fee versus a large % of what u win.. glad you guys are all okay... its not like she was sober and went thru a yellow light and hit u at 10 mph... 80 mph in wrong direction... thats plain negligence and personally.. i would press criminal charges against her to (which im pretty sure u can do)
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