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Worst Weekend Ever.. (Help needed/ legal advice)


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So Early sunday morning I was heading home from a friends house. It was foggy and the roads were slick, i was traveling South on Canton Ave. at the end of the road you have to take a right onto Brush Hill Road, (see map at bottom) I was slowing down to take the turn , and my car felt like i hit a sheet of ice (although there is no way there was ice on the ground) the car just locked up and slid no ABS pumping or anything just slid, i went up on the curb brushed a rock wall then clipped a telephone pole. (pics of car will posted soon)

 

No damage to me which is most important.

 

 

Damage:

Front bumper is all F$%^#$ up, Front left headlight is broken, same with the left fog light, front left quarter pannel is bent, drivers door and side skirt have big scratches on them, front left wheel /tire is broken, i broke some linkage that hold the front left wheel to the car (pitman arm control arm not sure) thats all the visable damage from the outside (although from looks it seems to be all exterior damage except for the wheel and linkage)..

I dont know how all this damage accoured when i was only going 35 and sowing down when the car locked up and when i made actual contact with the wall and the pole it was going considerably slower.

 

 

I got the police report and brought it to the insurance place today.

 

Police report no citations/tickets given On 5/28/06 I was dispatched to a minor motor vehicle accident on Canton Avenue, a public way in the town of Milton. Milton Control stated that the accident occurred on Canton Avenue @ Brush Hill Road, but the caller had driven to the parking lot at Thacher Montessori School.

Upon arrival, I spoke to the operator (ME) DOB blah, who stated that he was involved in a single motor vehicle accident. MV#1 was travelling South on Canton Avenue, when the operator turned onto Brush Hill Road , his motor vehicle locked up and he hit the stone wall. MV#1 sustained font end damage to the drivers side and was towed by AAA. The operator declined medical treatment.

 

 

I am Family friends with the secretary at the branch of my insurance company in my town, she said that they are most likely going to charge me a $1,500 surcharge (guesstimate), and raise my insurance which i will be paying for 6 years... I am 20 with no at fault accidents on my record nor any tickets.

I told her the conditions and the problem with the car locking up and not stopping. She said that the best thing to do would be to take them to Court/Hearing.

 

Now This is where the help comes in, I need to find some documents online of Brake failure in our cars (2005 Suabru Legacy GT Limited 5MT), I need to round up as much information as i can to prepare for legal actions.

 

So Anyone that can help me out right now it would be deeply apriaciated. I am in such a bad spot you dont even know. If things dont get taken car of this could be the end up me and my Legacy

 

 

 

 

(Right Before the red star is thats where the accident occurred)

http://img200.imageshack.us/img200/8878/brushhill21345gy.gif

 

http://img317.imageshack.us/img317/9785/10021123dm.jpg

http://img183.imageshack.us/img183/2683/10021135vj.jpg

http://img281.imageshack.us/img281/1089/10021171is.jpg

http://img281.imageshack.us/img281/2584/10021145yv.jpg

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This has also happened in the past to a friend of mine and his STi. He got into a power drift while coming out of and intersection while making a right turn. All it takes is a little bit of moisture combined with the oil residue on the top surface of the road to get you in trouble. I think if you go on a hearing by yourself you will be creamed. You need a professional liar.

 

X

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. I thin if you go on a hearing by yourself you will be creamed. You need a professional liar.

 

X

 

 

+1 dude...... I wish the best of luck......by the way, it sounds like you hit "wet leaves" it's just like ice. I've been their......

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You may already know this but....I'll post it anyway "Todays cars come equipped with brake master cylinders that have dual cylinders, primary and secondary. This is designed to prevent catastrophic brake failure. However it is our experience this does little to avoid a major accident if the master cylinder. Fails."
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So early sunday morning I was heading home from a friends house. It was foggy and the roads were slick, I was traveling South on Canton Ave. at the end of the road you have to take a right onto Brush Hill Road, (see map at bottom) I was slowing down to take the turn , and my car felt like I hit a sheet of ice (although there is no way there was ice on the ground) the car just locked up and slid no ABS pumping or anything just slid, i went up on the curb brushed a rock wall then clipped a telephone pole. (pics of car will posted soon)

 

 

I dont know how all this damage accoured when i was only going 35 or somthing when the car locked up and when i made actual contact with the wall and the pole it was going considerably less.

 

 

 

 

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Now This is where the help comes in, I need to find some documents online of Brake failure in our cars (2005 Suabru Legacy GT Limited 5MT), I need to round up as much information as i can to prepare for legal actions.

 

 

 

I doubt this early morning that Boston fell below 32F.. if anything, it's just wet, but even so, you knew that, and the insurance company will see you as a risk-taker by you putting yourself in that kind of situation.

 

As for failing brakes, I doubt that's the case. You would have to prove that your car had mechanical failure of either bad brake lines, bad leaking master cylinder, etc.. but even so, that would still be on you first off for mechanical maintenance.

 

Sorry, I can't help you here, it just sounds like a classic case of understeering. It's very possible that the ABS didnt kick in at all because there's nothing that the tires to grab on to.. so regardless if the ABS working properly or not, if the tires have nothing to grip, they really have nothing to grip, wheel rolling or not.

 

Sounds like you had some bad luck this weekend, sorry to see the damage, but at least you're ok. 35 mph can do a lot of damage, especially when you are probably still have positive g-forces going down the hill. It's F=MA and that's a lot of mass moving forward.

 

You might have to swallow this one down and say you're at fault (just like how I was at-fault for my incident for my WRX back 2~3 years ago).

Keefe
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I drove by the scene today, there are leaves scatterd on the road right where the turn is.

 

In your situation, I would just take the hit and pay for it out of my own pocket if you're afraid of rising insurance rates. What it sounds like to me is you're at fault. Your defense that the ABS failed isn't going to hold with your insurance company, and you will probably have to go after SoA if you stick to your guns. I'm not a lawyer but the latter will take a lot of time and money.

 

Just to let you know, I take more caution when driving in conditions where the roads are damp versus full blown showers. At least with showers, some of the oils on the road surface are washed away after a while.

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Please excuse my ignorance, but what are you suing for? Insurance companies have the right to raise your insurance for any reason, especially when they pay out a claim.

 

Are you trying to get them to pay for the damage and then guarantee you that they won't raise their rates?

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I drove by the scene today, there are leaves scatterd on the road right where the turn is.

 

I forgot to look at the date of the first post, but it's not autumn in Boston right now. Not trying to be funny, but I have to agree with most of the others...operator error no matter how you slice it...pavement conditions, equipment condition, etc. Good luck.

It is still ugly.
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I have a little exp. here, i've handled claims for about 6 years now, I'm no expert, but i know more than most. First off, did the cop give you a ticket? What are you going to court for? to have the officer amend the police report? Amended police reports don't really mean much. The adjuster is going to look at the loss, see its your fault(sorry, but its your fault) code it for a collision loss and pay you minus your deductible. Then when it comes time to review your policy, the underwriter is going to see your claim on your policy details and "adjust" your rates accordingly. The only thing you can really fight is tickect if you got one, but im pretty sure they can't raise your rates twice for the same loss, ie once for the accident and once for the ticket. Just curious, what ins. company do you have?
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Rant on. Why is it, that when anything bad happens, the first response is to call a lawyer? Does anyone ever take responsibility for what they do anymore? Or even consider that they may have been at fault? Sorry, I don't know all the facts here, but the "litigation response" that we have as a country is going to be the death of us.

 

Rant off.

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I never said anyhing about suing or any of that. I am just stating what a friend at the insurance place said might be a good idea. I'm not that type of person, i was rearended about 5 months ago and i did not go to the hospital nor call my lawyer or try to get "funds" from the person who hit me.
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And the comment wasn't just about your original post; it was about several of the others here who would just as soon line some trial lawyer's already rich pockets with more $$ for cleverly lying about the true cause.
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first responce when you get in an accident should always be get a laywer. Never rely on the insurance company to take care of you. They are after 1 interest, theirs, they could give a crap less about you.

 

you dont have to sue anyone, just get advice on your legal rights, which your insurance company will gladly with-hold from you.

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That is so true, especially if you're claiming against someone else's insurance. I got rear-ended and they feed me false information. Insurance is just the biggest scam in the world...but once you get a lawyer then they play nice. At least make sure your own insurance companies will use genuine parts, not like any generic ones exist yet but you never know!
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