BMW M3 Forum (E90 E92)

BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read


Go Back   M3Post - BMW M3 Forum > M3 (E90 / E92 / E93) > General M3 Forum (E90 + E92 + E93)
 
PYSPEED
Post Reply
 
Thread Tools Search this Thread
      02-28-2012, 04:03 PM   #45
Sean05
Putcha ang ganda...
 
Sean05's Avatar
 
Drives: 08 MR E92 M3
Join Date: Feb 2010
Location: Los Angeles, Brea CA.

Posts: 5,284
iTrader: (9)

Send a message via Yahoo to Sean05
Quote:
Originally Posted by Foodle View Post
You do understand what the smiley means, right?
I do but it looks like its a snobing face..
__________________
Sean05 is offline   Philippines
0
Reply With Quote
      02-29-2012, 10:27 AM   #46
Mr.MichaelM3
First Lieutenant
 
Mr.MichaelM3's Avatar
 
Drives: 2010 E90 M3 Int Blue DCT
Join Date: Oct 2010
Location: Dirty Jersey

Posts: 318
iTrader: (0)

Was she hot? hahahah
__________________
2010 E90 M3 MODS: ESS VT-1 550-BMW CF splitters, Rear spoiler, afe intake, ESS tune, Fully catless, Borla Axle back, fabspeed xpipe, RD springs, BMW V2 performance steering wheel, TO many to list
Mr.MichaelM3 is offline   United_States
0
Reply With Quote
      02-29-2012, 01:13 PM   #47
Dgarcia41982
Private First Class
 
Dgarcia41982's Avatar
 
Drives: 2008 m3 sedan
Join Date: Feb 2012
Location: New jersey

Posts: 184
iTrader: (0)

Try to get more cash out of him. If not cut your loses and take what he gives you. You'll lose more money in the long run when you trade and they find an accident on the car fax.
Dgarcia41982 is offline  
0
Reply With Quote
      02-29-2012, 01:17 PM   #48
tibra1
Banned
 
Drives: 2011 ZCP M3 - 2007 335i crashd
Join Date: Apr 2009
Location: NYC

Posts: 6,777
iTrader: (4)

Massive fail..turn in your drivers license and take the bus
tibra1 is offline   No_Country
0
Reply With Quote
      02-29-2012, 01:39 PM   #49
TVMA Doc
Captain
 
TVMA Doc's Avatar
 
Drives: 2011 E90 M3, Jerez Black
Join Date: Dec 2011
Location: SF Bay

Posts: 654
iTrader: (0)

Garage List
Quote:
Originally Posted by persian54 View Post
I'd take the $750 and file a claim on your insurance that she hit you so it's on record.

Also, next time you call him, record the convo so you can catch him admitting fault
I wouldn't recommend this. In most areas recording a conversation is only legal if the other party is notified before the conversation starts. It isn't likely he'll admit anything after that-he already would have done so if he wasn't such a dirt bag.

If you try to record without consent, it is not only inadmissible, it can get you criminal charges.
TVMA Doc is offline  
0
Reply With Quote
      02-29-2012, 08:05 PM   #50
JulieDriving
Female driving enthusiast :P
 
JulieDriving's Avatar
 
Drives: Bimmer
Join Date: Nov 2009
Location: Ontario, Canada

Posts: 2,308
iTrader: (0)

Garage List
I could be wrong, but I've heard that, if they can't prove someone was at fault, the two insurance will split the fault.

Then each person gets dinged on their record.

Can someone clarify?
__________________
2013 M3 coupe (Azurite Black, Black, Piano Black)
+ miata nut (2 miatas) + Mk6 GTI 5-door hatch (our mini-SUV )
JulieDriving is offline  
0
Reply With Quote
      02-29-2012, 09:23 PM   #51
tibra1
Banned
 
Drives: 2011 ZCP M3 - 2007 335i crashd
Join Date: Apr 2009
Location: NYC

Posts: 6,777
iTrader: (4)

Quote:
Originally Posted by username11 View Post
What if OP just called his own insurance and let them handle it (he did, see above post) while he moved on with his own life, like a normal person would and does?

Let's turn a really simple and obvious solution into something really complex and debate it for 3 pages and counting now.
tibra1 is offline   No_Country
0
Reply With Quote
      03-01-2012, 11:46 AM   #52
termigni
Lieutenant
 
termigni's Avatar
 
Drives: 06 S2000, '13 X5, '14 528xi
Join Date: Oct 2006
Location: NJ

Posts: 545
iTrader: (0)

the guy is being a duchebag. i'd say you take that $750 and go make another $750 damage on his/her car when no one is around. people need to pay for what they did.
__________________
termigni is offline   United_States
0
Reply With Quote
      03-01-2012, 12:32 PM   #53
cohenfive
Second Lieutenant
 
Drives: 2011 e92 m3 space grey dct
Join Date: Nov 2010
Location: sf bay area

Posts: 253
iTrader: (0)

Quote:
Originally Posted by termigni View Post
the guy is being a duchebag. i'd say you take that $750 and go make another $750 damage on his/her car when no one is around. people need to pay for what they did.
i hope you are joking, but i don't see a little smiley face to indicate that you are...in which case you are suggesting turning a minor mistake (not calling the cops initially) into a major one (damaging someone's personal property).
__________________
2011 e92 m3 space grey, dct, tech, prem, etc
specialized carbon stumpjumper s works fsr
trek madone 5.2
nikon d4, 14-24, 24-70, 70-200, 500vr
cohenfive is offline  
0
Reply With Quote
      03-01-2012, 05:16 PM   #54
Siciliano611
Captain
 
Drives: 2009 M3 Coupe
Join Date: Mar 2007
Location: Western Antartica

Posts: 739
iTrader: (2)

Well her insurance just called me to tell me they aren't holding her liable because she told them she didnt know if she was in my lane and how i was going fast...both complete and utter lies. so I called my insurance and they will go after her's but it seems like they are just going to get her lies again and itll be he said she said....shit.
Siciliano611 is online now  
0
Reply With Quote
      03-02-2012, 09:13 AM   #55
Siciliano611
Captain
 
Drives: 2009 M3 Coupe
Join Date: Mar 2007
Location: Western Antartica

Posts: 739
iTrader: (2)

would I have a good shot at winning in small claims court? For any attorneys or anyone has dealt with a similar situation before...
Siciliano611 is online now  
0
Reply With Quote
      03-02-2012, 09:15 AM   #56
Merlosso
Banned
 
Drives: Results
Join Date: Mar 2011
Location: Germantown, MD

Posts: 495
iTrader: (2)

Wait until the insurance company has done their job and the claim is closed before you do anything else.
Merlosso is offline   United_States
0
Reply With Quote
      03-02-2012, 09:19 AM   #57
Siciliano611
Captain
 
Drives: 2009 M3 Coupe
Join Date: Mar 2007
Location: Western Antartica

Posts: 739
iTrader: (2)

basically, she completely lied to her insurance (progressive) and now mine will try to go after her's but I wonder how futile that attempt will be. I had to give my insurance a recorded statement to the subrogation specialist and they are about to get her statement. They already told me though my statement confilcts with what she is saying, they couldnt tell me what she said but its conflicting...what a load of shit
Siciliano611 is online now  
0
Reply With Quote
      03-02-2012, 09:36 AM   #58
Merlosso
Banned
 
Drives: Results
Join Date: Mar 2011
Location: Germantown, MD

Posts: 495
iTrader: (2)

It's a shitty situation and I'm sorry you are going through it. I also understand being anxious to settle it and get your car fixed. It's important to be patient right now though. Let the insurance companies do what they do. Yes, her story contradicts yours with your company but your story contradicts hers with her company. Both sides are in the same position. Worst case scenario is that you'll be out your deductible to get your car fixed. Yes, you could try going after them in small claims court afterwards and you might win but you won't get the money. Here's why:

Let's say your car has $1,000 in damage and you pay a $500 deductible. Then you go to small claims court and the judge awards you $500 in damages. You just got your deductible back, right? Wrong. You'll have to give your insurance company that money. Why? Because if you don't then you will have been paid twice for the accident. The first payment came from your insurance company and the second came from the settlement. You are always responsible for the deductible amount first so you'll only get your own money back after you've reimbursed the insurance company.

Oh, and don't forget your time spent going to court and the money on court fees. If it were me, I would pay my deductible and get my car fixed while I waited for the insurance outcome. If they find her at fault, then I get my deductible back. If not, that sucks but it was cheaper and easier than court. I would also look for a new place to live.
Merlosso is offline   United_States
0
Reply With Quote
      03-02-2012, 09:47 AM   #59
pedrobot
Second Lieutenant
 
Drives: O-ATE e92
Join Date: Feb 2012
Location: Texas

Posts: 257
iTrader: (0)

Cell phones have cameras.
Use them people.
pedrobot is offline  
0
Reply With Quote
      03-02-2012, 09:47 AM   #60
Siciliano611
Captain
 
Drives: 2009 M3 Coupe
Join Date: Mar 2007
Location: Western Antartica

Posts: 739
iTrader: (2)

new place to live? really?
Siciliano611 is online now  
0
Reply With Quote
      03-02-2012, 09:55 AM   #61
Foodle
Captain
 
Drives: 2011.75 E90 M3
Join Date: Aug 2011
Location: PA

Posts: 769
iTrader: (0)

Quote:
Originally Posted by sicilianoNJ View Post
would I have a good shot at winning in small claims court? For any attorneys or anyone has dealt with a similar situation before...
So not worth the time and aggravation.

Take insurance settlement.
Fix car.
Move on with life.
/thread
Foodle is offline   United_States
0
Reply With Quote
      03-02-2012, 10:03 AM   #62
I am Jeff
Private
 
Drives: Gods Hammer!
Join Date: Feb 2011
Location: eNyCe

Posts: 53
iTrader: (0)

You have insurance for a reason. USE IT! If you are hell bent on keeping your carfax clean, just take the $750 and call it a day.

BTW....STOP POWER WASHING YOUR ENGINE! That's why you have condensation in your headlights!
I am Jeff is offline  
0
Reply With Quote
      03-02-2012, 11:15 AM   #63
Siciliano611
Captain
 
Drives: 2009 M3 Coupe
Join Date: Mar 2007
Location: Western Antartica

Posts: 739
iTrader: (2)

power washing my engine???
Siciliano611 is online now  
0
Reply With Quote
      03-02-2012, 02:05 PM   #64
lorinzo
Captain
 
Drives: 2011 e90 M3
Join Date: Feb 2012
Location: Los Angeles, CA

Posts: 715
iTrader: (0)

Moral to the story.... do your best to document the scene before leaving. Take pictures/video, prepare a drawing, get names of witnesses (if any). The physical evidence is not going to change, unlike a persons recollection (either intentionally, influence of others or passage of time).

Police reports are not as helpful as you might think. Often times it will be difficult or slow to get police to respond to a non-injury accident. And, all they do when they get there is gather information. Officers may prepare a report and MAY suggest who was at fault. If there is no conduct that violates a Vehicle Code, there often times will be no conclusion of fault.

Your thinking should be: what information would be useful for a judge, arbitrator, insurance representative, etc., in determining who caused the accident?

DO NOT record conversations unless you have first advised the person that you are doing so.

Don't assume that someone's "promise" or "admission" of fault is going to be presented unless documented in a signed writing. Your discussions afterwards are not likely to carry much weight and, as you experienced, the story changes.

The best strategy is to document your conversations the best you can. If the other side is not inclined to chat by e-mail or letter, you can prepare a letter after an oral discussion that claims to "confirm" the discussion. Close the letter by stating that if the above does not accurately reflect the conversation, that you should be contacted immediately.
lorinzo is offline   United_States
0
Reply With Quote
      03-02-2012, 06:16 PM   #65
tibra1
Banned
 
Drives: 2011 ZCP M3 - 2007 335i crashd
Join Date: Apr 2009
Location: NYC

Posts: 6,777
iTrader: (4)

Quote:
Originally Posted by I am Jeff View Post
You have insurance for a reason. USE IT! If you are hell bent on keeping your carfax clean, just take the $750 and call it a day.

BTW....STOP POWER WASHING YOUR ENGINE! That's why you have condensation in your headlights!
Someone has inside info?..
tibra1 is offline   No_Country
0
Reply With Quote
      03-02-2012, 11:59 PM   #66
dcstep
Brigadier General
 
Drives: '09 Cpe Silverstone FR 6MT
Join Date: Nov 2008
Location: Colorado

Posts: 4,762
iTrader: (0)

Garage List
2009 M3  [4.00]
Quote:
Originally Posted by pedrobot View Post
Cell phones have cameras.
Use them people.
Exactly.

Best advice in the thread. Pix would have nullified the husband's lame denial and you would be getting your BMW fixed properly in a certified BMW body repair center.

Think next time. Calmly take pictures, exchange insurance info, phone numbers and say bye-bye, then let your insurance company handle everything. You should never talk to the other driver or a family member after the incident is over. The insurance company will handle it all and you only need to make certain that you get the work done at a certified body repair center.

Dave
__________________
dcstep is offline   United_States
0
Reply With Quote
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 05:39 AM.




m3post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST