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      08-26-2011, 07:50 AM   #1
M3Luck84
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Accident

Mann this sux. I picked up a 2010 e90 black on black folku loaded about a montj ago. Love The freakin car. Its my first M and its been a dream car since i was about 10years old so you can imagine yhe excitement. However it all came to a hault when this past sunday i had an accident. Some 18 year old
Punk was texting and as i was proceeding to make my turn he bluntly came out and nailed my driver side door in his piece of shit Miata. the worse thing is that I called the other insurance company and they aren\'t accepting 100% responsibility. She told me that my story doesn\'t align with her clients story!!! Really!!! Bc I\'m sure he\'s telling the truth. Anyway I don\'t know what to do? I\'m going to have y insurance go after them I guess. The punk caused about 15k in damages. I would upload photos but don\'t really know how to do that using and iPhone
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      08-26-2011, 08:19 AM   #2
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Texting while driving is getting out of control, I can't even tell you how many times I'm on the highway and I see a drivers head faced down at their laps. I want to honk at them and tell them to stop, but I wonder if that in itself will cause an accident...

I really wish the police would start some kind of undercover crackdown on the texting while driving.
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      08-26-2011, 08:26 AM   #3
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Let your insurance handle it and for that amount of damage they will access responsibility after doing a cursory investigation. I suggest you go back to the scene, take photos, draw up diagrams, and write a narrative of what happened. Then submit this information to both your and the other parties insurance company. Good luck.
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      08-26-2011, 08:26 AM   #4
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That much damage...there should be a police report. Get a hold of it...if he was texting, like you say, the kid should of been cited.

Sorry to hear about your car though.
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      08-26-2011, 08:35 AM   #5
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Do you live on High Ridge, across from Rippowam Magnet? I swear I seen a guy who picked up a black e90 about a month ago who lives there.

Sorry to hear, isn't that what police reports are for? ...To eliminate any bullshit?
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      08-26-2011, 08:36 AM   #6
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Quote:
Originally Posted by SehrSchnell View Post
Man that sucks. Sorry to hear that. Been there as well...

Was there no police on the scene?
Yeah they came gave him a verbal warning a failure to yield. But his insurance was telling me that they only go by the story of the drivers since the police wasn't there.
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      08-26-2011, 08:48 AM   #7
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Quote:
Originally Posted by SehrSchnell View Post
Man that sucks. Sorry to hear that. Been there as well...

Was there no police on the scene?
Yeah te police showed up. Gave him a warning and failure to yield. However, the very rude insurance adjuster informed me that the police report is not considered in their decision. They strongly rely on the story of the drivers what a bunch of bs!
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      08-26-2011, 08:49 AM   #8
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Quote:
Originally Posted by John Tanglewood View Post
Do you live on High Ridge, across from Rippowam Magnet? I swear I seen a guy who picked up a black e90 about a month ago who lives there.

Sorry to hear, isn't that what police reports are for? ...To eliminate any bullshit?
That's me. That was my M
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      08-26-2011, 09:21 AM   #9
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Quote:
Originally Posted by M3Luck84 View Post
Mann this sux. I picked up a 2010 e90 black on black folku loaded about a montj ago. Love The freakin car. Its my first M and its been a dream car since i was about 10years old so you can imagine yhe excitement. However it all came to a hault when this past sunday i had an accident. Some 18 year old
Punk was texting and as i was proceeding to make my turn he bluntly came out and nailed my driver side door in his piece of shit Miata. the worse thing is that I called the other insurance company and they aren\'t accepting 100% responsibility. She told me that my story doesn\'t align with her clients story!!! Really!!! Bc I\'m sure he\'s telling the truth. Anyway I don\'t know what to do? I\'m going to have y insurance go after them I guess. The punk caused about 15k in damages. I would upload photos but don\'t really know how to do that using and iPhone
You take him to court. If guilty according to judge he has to pay, whether it be through his personal money or his insurance company it is his problem, not yours.
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      08-26-2011, 09:24 AM   #10
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Quote:
Originally Posted by M3Luck84 View Post
Mann this sux. I picked up a 2010 e90 black on black folku loaded about a montj ago. Love The freakin car. Its my first M and its been a dream car since i was about 10years old so you can imagine yhe excitement. However it all came to a hault when this past sunday i had an accident. Some 18 year old
Punk was texting and as i was proceeding to make my turn he bluntly came out and nailed my driver side door in his piece of shit Miata. the worse thing is that I called the other insurance company and they aren\'t accepting 100% responsibility. She told me that my story doesn\'t align with her clients story!!! Really!!! Bc I\'m sure he\'s telling the truth. Anyway I don\'t know what to do? I\'m going to have y insurance go after them I guess. The punk caused about 15k in damages. I would upload photos but don\'t really know how to do that using and iPhone
Bro, I recommend you hire a lawyer ASAP and stop all contact with his insurance company. Adjusters are good at frustrating people and convincing them of making shitty deals.
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      08-26-2011, 09:47 AM   #11
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What insurance company is this? Will take my word over that of a police report...sign me up!!
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      08-26-2011, 10:19 AM   #12
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Quote:
Originally Posted by Nelrock View Post
What insurance company is this? Will take my word over that of a police report...sign me up!!
Haha trueee it's IDS property causality insurance. It's through costco
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      08-26-2011, 10:21 AM   #13
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Quote:
Originally Posted by SehrSchnell View Post
Quote:
Originally Posted by M3Luck84 View Post
Yeah they came gave him a verbal warning a failure to yield. But his insurance was telling me that they only go by the story of the drivers since the police wasn't there.
If the police was there then there is a police report. I can't believe that kid didn't get a ticket... I can understand if a cop gives out a verbal warning when there is *NO* accident, but in this case? WTF?!

Get that police report!
Got the police report
And they noted a verbal warning for him and 14-247 statute. Which is failure to yield the right of way.
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      08-26-2011, 10:39 AM   #14
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Well, I can't imagine that isn't sufficient. He failed to yield...and hit you.
I'd give another whack with his insurance company...state you have the police report...maybe even mention you'll sue if necessary.
If they still dont budge, I know your own insurance normally doesnt get involved when you're not at fault, but maybe consult with them and see if they can offer any advice.
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      08-26-2011, 11:16 AM   #15
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If it was the adjuster that you were talking to, then he was just doing their job. They are supposed to be adjusting down. it's like pulling teeth with them.

If there is a police report then end of story mostly. You can always have your insurance fight for you as well.

I love how some folks say get a lawyer first thing. No need for a dragged out fight in court and wasting time and money. That should be the last resort.
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      08-26-2011, 11:43 AM   #16
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Quote:
Originally Posted by KIS View Post
Let your insurance handle it and for that amount of damage they will access responsibility after doing a cursory investigation. I suggest you go back to the scene, take photos, draw up diagrams, and write a narrative of what happened. Then submit this information to both your and the other parties insurance company. Good luck.
Good advice, note time, conditions etc ( although i personally would not contact the other insuance company at all and just let my insuance handle it) Also have estimates from a few top body shops, you should be able to pick the place of your choice.
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      08-26-2011, 11:47 AM   #17
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DUDE let your insurance handle it, call a lawyer as well.
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      08-26-2011, 11:58 AM   #18
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Quote:
Originally Posted by SehrSchnell View Post
Just beware though... if you involve your insurance, most likely your rates will go up. But then again, not a huge price to pay for not dealing with this headache.
not true... i have friends that work for an insurance company state farm which i currently have. and when my wheels got jacked.. about a year ago... my rates never had changed.

in OP case they will have to determine whos at fault. the other guy might be texting but if the OP was at fault... then yes hes rates will go up...

that is why i recommend to contact your insurance company for faster turn around time to get your car fix.

OP: draw a sketch of what happen and ill tell you whos at fault. At this point the other driver might be texting but if hes in the right of way... its your fault.
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      08-26-2011, 01:09 PM   #19
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Let your own insurance company do the leg work. That's why you pay for insurance. It's there not just for when you might be at fault. And no, your rates won't go up for having your insurance company handle an accident for which someone else was at fault. I've been hit and I hit someone, in each case my insurance company handled it. My rates were only affected by whether I was at fault or not.
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      08-26-2011, 05:57 PM   #20
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Quote:
Originally Posted by M3Luck84 View Post
Some 18 year old
Punk was texting and as i was proceeding to make my turn he bluntly came out and nailed my driver side door in his piece of shit Miata.
They are not pieces of shit!
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      08-26-2011, 06:11 PM   #21
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Originally Posted by Nelrock View Post
That much damage...there should be a police report. Get a hold of it...if he was texting, like you say, the kid should of been cited.

Sorry to hear about your car though.
+1, where's the police report and what does it say? It should be clear as to what happened and you should get evidence that he was texting! Unreal! Hope everything works out!!!
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      08-26-2011, 09:49 PM   #22
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Quote:
Originally Posted by M3Luck84 View Post
Mann this sux. I picked up a 2010 e90 black on black folku loaded about a montj ago. Love The freakin car. Its my first M and its been a dream car since i was about 10years old so you can imagine yhe excitement. However it all came to a hault when this past sunday i had an accident. Some 18 year old
Punk was texting and as i was proceeding to make my turn he bluntly came out and nailed my driver side door in his piece of shit Miata. the worse thing is that I called the other insurance company and they aren\'t accepting 100% responsibility. She told me that my story doesn\'t align with her clients story!!! Really!!! Bc I\'m sure he\'s telling the truth. Anyway I don\'t know what to do? I\'m going to have y insurance go after them I guess. The punk caused about 15k in damages. I would upload photos but don\'t really know how to do that using and iPhone
Have you attorney obtain a copy of his cell phone record, use the data log to show them what was happening at the time of the accident. Hopefully, you have a police report about the accident. You did call the police, right?
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