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My car is f'in trashed! Here's the story. A marine (not going to try to offend any USMC guys) who decides that he is a private first class moron is driving in the right travel lane on 17 north in newport news VA. I'm going 40-45 in a 45 zone in the left travel lane. The road is slick from the rain (dec 5th) and I'm heading home after dropping a friend off to get his new truck. The marine decides to shoot across from the right travel lane to the left turning lane, crossing my lane. He was going about 5-10mph (in a 45 I remind you) and he never used his turn signal. I see him do this and I'm about 80 feet away. I immediately slam on brakes and they lock up (the streets are wet remember?). I slam my front passenger side (not the entire front) into his rear drivers side bumper. The result so far is that the officer on the scene couldn't determine who's at fault. He was going to try and say mine until the marine changed his story a hair saying he WAS in the right travel lane trying to make the left turn. He changed it still but the cop determined that he couldn't tell who's at fault. Now I have to fight insurance companies because they're probably going to say that since I hit him in the rear, it was my fault for following to closely. Read my story again and tell me what you think. I leave tomorrow (sunday the 7th) to go and take pics of my beautiful ugly slowstique. I'm thinking she's going to be listed as totaled. The radiator was destroyed and I think there might be frame damage. I'm going to start the engine and see if she starts. If she does then I'm going to try and salvage her. If she doesn't then I'm going to strip her naked and sell the parts. Tell me if you think I'm at fault. I had my wife and a passenger. Wife was riding shotgun and the other guy was in the back. Both airbags deployed but my wife's seatbelt didn't catch. So watch out. 
95 Mystique GS Zetec ATX: Dead - Dec 5th, 2003
94 Accord LX 2.2L MTX Non-Vtec. Few bolt ons.
02 Escape XLT 3.0 V6 ATX. This thing has the CD4E in it?! What the hell was ford thinking?
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I'm glad that everyone involved in the crash is okay. It sucks that your car is wrecked, but it could have been worse. If your story is true (the way you tell it), I think he was obviously at fault. However, I have heard that sometimes if weather is determined a factor in the accident, neither side is blamed, & both pay for their own damages. I hope every thing works out okay.
Black 99 CSVT #1820 of 2760
-Current Mods-
DMD, KKM, Koni-Kit, HPP rear strut tower bar, metal water pump, tinted windows, Pioneer DEHP4600MP, 6x8 Pioneer 4ways
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sounds like he was being neglegent to me. rear-end accidents are not always the rear-person's fault, if someone cuts in front of you when you're both doing 65 and slams on his brakes that's wreckless driving. now, you usually need a witness or the other guy to admit to it (yea right), but it still shouldn't b fault from how your story goes.
1995 SE
2.5L V6/MTX
187k
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CEG\'er
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some insurance companies now have a 1% fault clause. it means that if youre at fault even slightly in a crash they wont pay for your damage. that is prolly youre worst fear with that. otherwise just make the cops determine whose fault it was, aka get a suit going with the other guys insurance company now. its obviously not youre fault cuz there is nothing you can do man. but on a more serious note im glad everyone is ok and im sorry to hear that this happened
1998 Silver SVT Contour A.K.A. "The Saint"
Devilish Kustoms
Chester, VA
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OP
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Originally posted by platinum_drew:
sounds like he was being neglegent to me. rear-end accidents are not always the rear-person's fault, if someone cuts in front of you when you're both doing 65 and slams on his brakes that's wreckless driving. now, you usually need a witness or the other guy to admit to it (yea right), but it still shouldn't b fault from how your story goes.
everything I said is true. The other guy was lying his 18 y/o butt off. I do have a witness which is my wife who was in the driver's side of the car. I'm going to have to fight like hell on this case I'm sure but my biggest peice of evidence is the impact of the two cars and the law's of physics that at that angle and that speed when I hit him (prolly around 25mph) that there is no way he could have spinned around like he told the cop. He was halfway turned when the cops got on scene! He told the cop that I spinned him around like that! I wanted to kill him!
I only have liability only so if our insurance companies pay e/o off because they determine the weather was the reason (doubt it) then I'm screwed.. right? Think they'd pay off my car?
95 Mystique GS Zetec ATX: Dead - Dec 5th, 2003
94 Accord LX 2.2L MTX Non-Vtec. Few bolt ons.
02 Escape XLT 3.0 V6 ATX. This thing has the CD4E in it?! What the hell was ford thinking?
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Scourge of the Master Debaters
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Scourge of the Master Debaters
Joined: Jul 2002
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Originally posted by Obsidian:
I do have a witness which is my wife who was in the driver's side of the car.
People in your car do not count as witnesses. At least in my state, anyway; yours may be different. Witnesses must be pedestrians or motorists not involved in the accident. Check with your insurance company about this.
Beer is my Gatorade.
Hooray Beer.
'98 "Sport" Pacific Green
'98 E0 SVT Silver Frost
Pictures
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yea, I think that's pretty much true for most instances. witnesses have to be bystanders not involved in the accident. as for liability...all liability insurance will ever do is pay for the other person's car in an accident that is your fault, so you don't get sued. if it's their fault, their insurance pays for it. so, if his insurance company wont pay, you're screwed.  my advice, fight that mofo. if he's only 18 chances are you can say he's inexperienced and such, and it'll probably look that way. honestly, if you took picutres of the cars, crash scene, skid marks, weather, etc...you should win. however, your word against mine cases don't usually get a result in either person's favor... 
1995 SE
2.5L V6/MTX
187k
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Hard-core CEG'er
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Hard-core CEG'er
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if it gets totalled, you can get an SVT
Russell
Oval Port 3L Nearly Done
MTX75 w/ Homebrew Zetec FD and Torsen Complete
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that is what I'm looking for. I looked at it today (place was closed) and she looks done for.... i'm bout ready to pull the plug on her...
95 Mystique GS Zetec ATX: Dead - Dec 5th, 2003
94 Accord LX 2.2L MTX Non-Vtec. Few bolt ons.
02 Escape XLT 3.0 V6 ATX. This thing has the CD4E in it?! What the hell was ford thinking?
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Joined: Oct 2003
Posts: 134
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CEG\'er
Joined: Oct 2003
Posts: 134 |
get an insurance lawyer. you sound like you have a good case on your hands and people in the car will count as witnesses in a court room as far as i know. thats your only shot cuz his company wont pay more then likely. make sure yours doesnt pay either.
1998 Silver SVT Contour A.K.A. "The Saint"
Devilish Kustoms
Chester, VA
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