TheRival Posted April 7, 2008 Author Share Posted April 7, 2008 glad i don't live in MN is right. The officer never asked how fast i was going and while explaining to me everything was going on stated that it was 100% clear what had happened and that the lady in the Sebring was being issued a ticket for failure to yield to the right of way. so i don't think there was any issue there as to if i was speeding or not. i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
ConnertheCat Posted April 7, 2008 Share Posted April 7, 2008 ohdang! sucks to see a smashed up LGT in rochester (the few of us). I can't believe how many of us there are on these boards! Van Bortal has some really good loaner car rules if you go that route. Edit: Props on going to check if everyone was alright! Link to comment Share on other sites More sharing options...
Scruit Posted April 7, 2008 Share Posted April 7, 2008 Oh right, I forgot to mention, doing the posted limit through an intersection in the rain is arguably speeding under MN law, making them both law breakers. In MN, a speeder, even by 1 mph, loses all right-of-way. Stupid law? Yes. But stupid laws are everywhere in all state's vehcile codes. It is my understanding that Ohio also has the same law, but it's only enforced if the person is proven to have been driving at a speed that makes it so other vehicles are unable to reasonably judge their speed. i.e. If someone turns in front of you when you are doing 40 in a 35 then nobody is going to blame you. If you are doing 70 in a 35 then you're likely going to take all the blame. If you are travelling with the traffic flow then another driver is going to have a difficult time convincing a judge that you were driving unexpectedly fast. Also bear in mind that "He was speeding" is the first excuse out of a driver's mouth after they wreck while emerging or turning left - every profession that deals with traffic accidents (police, insurance, judges etc) will roll their eyes when they hear it. The driver has to *prove* it, and prove that you were going something like 20mph or more over the limit, and above the speed of the traffic flow. They have to show that it would have been safe to complete the maneuver if you had being going at the speed limit. ('safe' usually means leaving a 2 second gap between cars at the point where the unimpeded trajectories cross - not "I left him enough room to do an emergency stop!"). That is difficult to do without video evidence, or 200' skid marks etc. I was a witness in an auto accident trial where one driver turned left into the path of an oncoming car. They tried to claim the oncoming car was doing 35 in a 25 - but that's all it was, a "claim", and it was based upon the observation of a driver who had already claimed to have not seen the oncoming car. The judge was unimpressed, and the 'speeding' claim was fruitless. Maybe his claim would have more merit if it included a statement like; "I started my turn as she was level with the Burger King entrance, which is 500' away from the accident location. It should have taken her 10 seconds to cover the distance if she had been doing the speed limit, but instead she closed the distance in 5 seconds." Even then, it would be unsubstantiated claim and would be unlikely to satisfy his burden of proof, even at "preponderance". Link to comment Share on other sites More sharing options...
nm Posted April 7, 2008 Share Posted April 7, 2008 It is my understanding that Ohio also has the same law, but it's only enforced if the person is proven to have been driving at a speed that makes it so other vehicles are unable to reasonably judge their speed. In civil suits, they would have some sort of balancing for shared negligence, but in terms of pure "fault" for criminal or quasi-criminal charges, the other car would be speeding and would not have the right of way. However, without getting your speed on the record, it shouldn't be an issue. This is just the idle product of someone who's had to read too much MN traffic law (I've prosecuted traffic law cases). The law on this is somewhat uncertain, but thats what makes the law fun. I could make a valid argument on both sides. My main point before I got sidetracked was to watch out for insurance companies because they think like this to try to avoid paying claims. Even when you think you're free and clear they're thinking of how not to pay you. Oh I know, he was speeding is the most common excuse. But if the driver admits to doing 40 in 40mph, the issue doesn't become was he doing 40, but whether 40 is speeding. In MN, where a driver is technically required to slow down at intersections, 40 in a 40 at an intersection is arguably speeding. Or maybe not depending on whether reasonable and prudent is in effect (reasonable and prudent only applies in rural areas in MN, cities have strict limit) and a host of other factors. For sheer entertainment value i'd love to see how a case played out with this being argued by both sides. Link to comment Share on other sites More sharing options...
iyalla Posted April 7, 2008 Share Posted April 7, 2008 ^^Nice to speculate In NY you are supposed to be going at a "reasonable" speed when conditions are bad, whatever reasonable means is not stated. But the quote from the DMV goes like this "You can be ticketed for going at a speed "not reasonable and prudent" for existing conditions even if you are doing the posted speed limit. As with right-of-way, speed limits are not absolutes." Not trying to stir up the pot but yeah the other side could have a good argument here if they are willing to pursue it. Sucks about your car dude My car was a year old when it got hit and I was pi$$ed! Sorry man! Slow down and use your horn in those intersections because there is always someone with a brain fart that thinks they can make it across, anticipation is 9/10 of driving in NY Good luck getting it fixed. Link to comment Share on other sites More sharing options...
TheRival Posted April 7, 2008 Author Share Posted April 7, 2008 ^^Nice to speculate In NY you are supposed to be going at a "reasonable" speed when conditions are bad, whatever reasonable means is not stated. But the quote from the DMV goes like this "You can be ticketed for going at a speed "not reasonable and prudent" for existing conditions even if you are doing the posted speed limit. As with right-of-way, speed limits are not absolutes." Not trying to stir up the pot but yeah the other side could have a good argument here if they are willing to pursue it. Sucks about your car dude My car was a year old when it got hit and I was pi$$ed! Sorry man! Slow down and use your horn in those intersections because there is always someone with a brain fart that thinks they can make it across, anticipation is 9/10 of driving in NY Good luck getting it fixed. Conditions were not that adverse and i was traveling at the posted speed limit. If they try to pursue the fact that i was not driving at a reasonable speed when she crossed the intersection blindly then myself and my attorney will have fun eating this case up. I consider myself to be an extremely cautious and defensive driver, I would pay to see someone avoid the situation i was in without resulting in the same, if not worse ending. (remember she was stopped behind a truck WHILE i was approaching the intersection. She followed the truck across only belated. i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
SlingXShot Posted April 7, 2008 Share Posted April 7, 2008 Poor car... but he could gotten into the accident even if he was going 35@ 40... below the speed limit... the 1st issue is that that road should have had an ALL WAY STOP SIGNs. And that other older lady... seeing the stop sign..this would never have happened. When you guys drive thru an intersection you expect people to follow the rules.... like STOP and go. Link to comment Share on other sites More sharing options...
ConnertheCat Posted April 7, 2008 Share Posted April 7, 2008 ...the 1st issue is that that road should have had an ALL WAY STOP SIGNs. Eh, that particular intersection doesn't need them. Link to comment Share on other sites More sharing options...
gianspi Posted April 7, 2008 Share Posted April 7, 2008 I'm glad to hear no one was seriously injured. I'm very surprised that no one had blamed your tires or some other nonsense. Way to go! enough zip ties and duct tape will fix anything. Link to comment Share on other sites More sharing options...
Leonardo Posted April 7, 2008 Share Posted April 7, 2008 Check the front bumper kit from Japanparts.com as I have to replace my bumper, hood, one headlight and the kit comes with new brackets and some parts you won't have tu buy locally minus the hood, light, fender and washer bottle, etc... Link to comment Share on other sites More sharing options...
lvethesnow Posted April 7, 2008 Share Posted April 7, 2008 i cant remember where i saw or heard but the wrost place to be around elderly drivers is CVS. some of the storeis were of elderly driving into the store thinking it was the drive thru pharm and the rest were just hitting people and hitting cars in the parking lot. glad your ok History does not entrust the care of freedom to the weak or timid People sleep peacefully at night cause rough men stand ready to do violence on there behalf Link to comment Share on other sites More sharing options...
iyalla Posted April 7, 2008 Share Posted April 7, 2008 Poor car... but he could gotten into the accident even if he was going 35@ 40... below the speed limit... the 1st issue is that that road should have had an ALL WAY STOP SIGNs. And that other older lady... seeing the stop sign..this would never have happened. When you guys drive thru an intersection you expect people to follow the rules.... like STOP and go. Actually it sounds like that intersection needs a light. A ban for old ladies would be beneficial too Link to comment Share on other sites More sharing options...
SLegacy99 Posted April 7, 2008 Share Posted April 7, 2008 Scary. Your car still looks very pretty though. Love the color. Link to comment Share on other sites More sharing options...
TheRival Posted April 7, 2008 Author Share Posted April 7, 2008 Check the front bumper kit from Japanparts.com as I have to replace my bumper, hood, one headlight and the kit comes with new brackets and some parts you won't have tu buy locally minus the hood, light, fender and washer bottle, etc... Link?!?!?!?! i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
CTATV Posted April 7, 2008 Share Posted April 7, 2008 that sucks man. I hate bad drivers and always seem to find myself surrounded by them. I was comming from NY to RI on 95 and this idiot on an empty highway just went into the middle lane from the left, while i was beside him in the middle lane. RIGHT THE **** INTO ME if i hadnt swerved. thankfully there wasnt any traffic so i switched to the right lane Link to comment Share on other sites More sharing options...
Riggs Posted April 7, 2008 Share Posted April 7, 2008 Sorry to hear about your accident. Good job though avoiding a more serious outcome for every one. I second the JDM route. Might as well now. Link to comment Share on other sites More sharing options...
TheRival Posted April 9, 2008 Author Share Posted April 9, 2008 Update... so no police report has been filed yet...(WTF...). talked to the other drivers insurance company and if they deem that their driver was 100% at fault i will get $30 a day for rental fees. So at approx 30 days for the repairs at least i am looking at an extra $900... Yay new jdm bumper i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
Japanparts Posted April 9, 2008 Share Posted April 9, 2008 Glad you're taking it well. JapanParts can probably get you a JDM bumper, but it may take a long time to ship. 5-7 Days by Airfreight to Door, or 6-8 weeks by Sea is the turnaround time at present, depending on availability of the Color.... Happy to quote ( ! ) Best GW JapanpartsLLC Link to comment Share on other sites More sharing options...
Scruit Posted April 9, 2008 Share Posted April 9, 2008 Update... so no police report has been filed yet...(WTF...). talked to the other drivers insurance company and if they deem that their driver was 100% at fault i will get $30 a day for rental fees. So at approx 30 days for the repairs at least i am looking at an extra $900... Yay new jdm bumper Did the mean no report 'filed' (ie cop didn't write one up) or no report 'available' (meaning it's still working it way through the system to where it can be obtained via public records). Considering the weekend, it may take a few days. Last time I got an accident report it took a week. Link to comment Share on other sites More sharing options...
TheRival Posted April 9, 2008 Author Share Posted April 9, 2008 Did the mean no report 'filed' (ie cop didn't write one up) or no report 'available' (meaning it's still working it way through the system to where it can be obtained via public records). Considering the weekend, it may take a few days. Last time I got an accident report it took a week. It is unavailable at this time. i called again today and the report is in but now it needs to get the "OK" from the head hancho over there. i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
Leonardo Posted April 9, 2008 Share Posted April 9, 2008 Glad you're taking it well. JapanParts can probably get you a JDM bumper, but it may take a long time to ship. 5-7 Days by Airfreight to Door, or 6-8 weeks by Sea is the turnaround time at present, depending on availability of the Color.... Happy to quote ( ! ) Best GW JapanpartsLLC Ordering pretty soon. Need to install something in my wife's Lexus GX470 to be able to order the stuff. Link to comment Share on other sites More sharing options...
Leonardo Posted April 9, 2008 Share Posted April 9, 2008 Link?!?!?!?! He posted above but here you go: http://www.japanparts.com/db/partslist.php?dealer=1&car=6&middlesmall=2%3A11&maker=5&volkey= Link to comment Share on other sites More sharing options...
TheRival Posted April 10, 2008 Author Share Posted April 10, 2008 New update, Police report is in and clearly states that the other driver had failed to yield to the right of way at the stop sign. So now i just have to wait for her insurance company to accept liability... i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
TheRival Posted April 14, 2008 Author Share Posted April 14, 2008 Latest Update... Her insurance company is assuming 100% liability so the rebuilding begins!!! (10 days after the accident!) UGHHHHH oh well... i am happy that my car is finally going to get some attention. i can haz a siginaturz now? Link to comment Share on other sites More sharing options...
gb003a Posted April 14, 2008 Share Posted April 14, 2008 That's a real shame that your car is smashed. Just a little FYI I HAD a OBXT 2008 and had similar damage except that my front drivers wheel was pushed back to the firewall and damage to the left door as well. Because the battery exploded and acid went every where the insurance totaled my car. The said that they couldn't warranty acid damage i.e. this would require a hand built engine with parts from Japan. So if your battery exploded they might total your car as well. The adjuster said a hand built engine is about 8K. This may not apply to you but I was told that since mine was 08' that there are no like kind parts and only OEM would be used. JDM is not OEM to an insurance company. Hope this helps. My new ride is 08' LGT. Link to comment Share on other sites More sharing options...
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