phenryiv1

iTrader: (19)

Call the police NOW and report that you wantr to amend the accident report to reflect the situation once your body had a chance to react to the situation. I am sure that adrenelene dulled what might have hurt last night. Any doctor can attest to this. Look at atheletes who finish a game or match only to collapse right afterward. Your body blocks the pain sensation as a response to trauma to ensure that it escapes what it thinks is a dnagerous situation. Your mind knows that you are nott at risk of harm, but your body does not, so it goes into "fight or flight" mode to ensure survival. This is well documented, and should not present a problem.

nine7se

iTrader: (1)

Don't feel bad. The other day on the way to school some lady blew a stop sign and cause me to hit her. Now my car is in the shop and God only knows how long it will take to get fixed. But you didnt get hurt,(neither did I) so be happy

MaxHalo

Oh gosh dude, I am so sorry to hear about your accident. Good luck on trying to find another Max (You sure did have a sweet ride too btw, those rims still intact? Sorry, had to ask.

maxxed

Absolutely,go and see a doctor!!

First of all for you own health, and second if you do have serious neck strain (whiplash) you will need to have this documented by a doctor in case you need to make a claim for pain and suffering.

maxxed

Also for anyone involved in an accident,

The insurance companies will try to get a recorded statment from you regarding the accident.

Don't give them a recorded statement!!

There is too great a chance that you will mis-speak and say something that might make the accident sound like your fault.

Instead give them a statement in writing.

joaquink

You only have liability coverage so your insurance won't do anything for you financially. However, I suggest you do one of two things:
1)Use your insurance agent as just that; an agent acting on your behalf. You don't have to pay them for the service like you will with option 2.
2)Get a lawyer.

What you'll be facing. They'll need to make a determination of fault for the accident. The police will issue citations based on their findings since happened on a public road. You'll likely find that the victories won by insurance companies mean that they assign some portion of blame to you (failure to control speed of vehicle to avoid a collision or something similar). If you're fortunate and it's clear-cut, you won't get any blame/culpability in this.

You will speak with a claim adjuster for the woman's insurance. DO NOT SIGN ANYTHING REGARDELESS OF WHAT THEY TELL YOU IT SAYS! If you're unlucky and get partial fault assigned your award will be reduced by your percentage of fault. If they'd give you $10,000 for the car but find you to be 30% at fault, you will get $7,000. The decision to total or not total the car is generally based on the value of the vehicle. I had a jacka$$ hit my trunk to the tune of $2700 in damage. It was repaired without question so that $2,000 remark from the cop is rubbish.

Do not accept any first offers. Fight for what you want. Threaten legal action, pain and suffering, etc. Often times back and neck pain don't show for a day or two after a trauma. I thought I was going to feel fine after my motorcycle accident but after a night of sleep I woke up unable to turn or bend my torso in any direction without excruciating pain. Don't rule out the possibility of this and don't volunteer that you didn't have your seatbelt on. If you're asked, be truthful, but don't volunteer it. Disclosure of this will likely severely limit damages for physical injury claim though it won't eliminate it.

Rule 1 is: Don't sign anything until you've read it thoroughly and had clarification of anything you question.
Rule 2 is: Fight for what you feel is fair. You can accomplish this on your own, with an agent or with a lawyer.

Cheers and good luck,

Joaquin

joaquink

You might also find it helpful, odd as this will sound, to edit or delete your current posts acknowledging anything related to this accident such as speed, tire condition and so on. It's not uncommon, should this go to court, for them to do some background checking on forums like this to see if they(her legal representation) can get dirt on you.

joaquink

Get to a chiropractor or D.O. (Osteopath) to get your back/neck checked out. You quite likely do have a subluxation given the forces at play when you hit the light post. Get some x-rays taken even if you decide against treatment. Keep in mind though that it'll come back to haunt you if you don't seek help sooner rather than later.
At a minimum a report will assist you in fighting for medical claims.

And I don't mean to PW here, just several very different items to respond to within this thread.

DaddyMac

you shouldn't have been speeding, but atleast you came out alright.

I had my Maxima totalled and I can say that yes they are safe, but they just get destroyed on impact. If you do end up getting it back, don't try and fix it up, just use it as a spare. Insurance companies suck what can I say. Make sure her insurance (if she has any) takes care of the situation (your insurance should help you fight it out).

k-man

sorry to hear
do not try and fix the car. I am still suffering from an accident 5 years ago that insurance at the time decided not to total the car and instead repair it ( even though I paid out of pocket while insurance things were worked out, but never ended getting reimbursed because there was no way to decide who was liable for how much) -by the way- I was rear ended by five cars on central expressway in dallas. it sucked. since basically getting an entirely new rear clip ( behind the front seats back) I have had to replace everything to the front of the car...stereo, transmission, etc. My engine is still leaking oil and it is the LAST thing to fix, but I don't feel like dealing with it until it gets bad enough. The car has never been the same as before the accident, but it's still my max

k-man

sorry to hear
do not try and fix the car. I am still suffering from an accident 5 years ago that insurance at the time decided not to total the car and instead repair it ( even though I paid out of pocket while insurance things were worked out, but never ended getting reimbursed because there was no way to decide who was liable for how much) -by the way- I was rear ended by five cars on central expressway in dallas. it sucked. since basically getting an entirely new rear clip ( behind the front seats back) I have had to replace everything to the front of the car...stereo, transmission, etc. My engine is still leaking oil and it is the LAST thing to fix, but I don't feel like dealing with it until it gets bad enough. The car has never been the same as before the accident, but it's still my max- my suggestion - tell them about your neck/back ($5-10K) plus your car ($5-7K) = another 4th gen w/ some left over $ for mods

meccanoble

iTrader: (22)

i wasn't speeding. If anything i was doing the speed limit or a LITTLE over it. What is the speed limit on local roads that aren't residential? 35 mph?

also i just came back from doctor. No bones look to be broked just a really sprained neck. Muscle sprain and stuff. I'm on this medication and i have information of me going to doctor so if the time comes that i may have to sue or whatever, this is proof that i did have problems right?

Also, i agree on the signing issue. I'm going to look up prices for 97 maxima's and work from there as far as how much i should get.

My 2k1 rims are still intact but tires are dead. I am debating on selling them or keeping them for my new maxima. Actually i will keep them.

i am hoping for a total, but everyone says i may not keep car even with a deductable taken out of how much they would have given me. So i'm going to take out the essentials tomorrow. The parts i know i'll put in my new car. If anyone in the northeast is willing to help and see the car, it would be gladly appreciated.

FameMax

gotta love that one asks "are you alright" follwed right after by pics!

brodaiga

i'm sorry, man, that's awful, it'll make me more careful, no accidents as of yet, and all that work for the tranny swap, man, make sure you get a 5spd max

KWheelzSB

iTrader: (1)

See: www.kbb.com for valuation of your car (unwrecked)

Obviously, if your insurance company has a higher value on file for the vehicle (than u get at kbb.com), go with that & don't say a word.

Glad you weren't seriously injured. Sounds like you're doing all the right things to ensure you have a solid "paper-trail" for both the damage to the car and any potential damage to you. Good luck w/ both. Hope things work out for you.

Oh, and I almost forgot. . .

WEAR YOUR F'N SEATBELT, DAMMIT! (I know u know u had that coming)

Be well.

Cheers,
-KWheelzSB-

jules

If anything were to be taken to court such as, who's fault the accident was or pain and suffering. Would there be any chance that they could check this forum and find any "evidence" going against mecca? I mean what he posts and so forth, not that he has posted anything self-incriminating.

I know when I was rear ended I really watched what I said just in case. I could be wrong but that was just me following my instinct
Jules

sryth

That's what that edit button is for

-Sryth...
__________________________________________________ ____________________________
'98 SE 5spd, Pebble Beige, PRCAI, Stillen Y, Stillen FSTB, ACT clutch.
Pacesetter STS to be installed this week!

KWheelzSB

iTrader: (1)

In theory, incriminating statements you make here on this forum could be used against you, but the only way that could happen is if. . .

A) An interested party knew you were a member on these boards.
B) An interested party knew what your member name was.

Since it's unlikely he would have disclosed either of these items to any insurance company, police, or investigator, one could assume it's equally unlikely that an interested party would even have a starting point for such an inquiry.

Having said that, if it were me, and I had a "maxima.org" sticker on the glass, I'd probably razor it off before anyone (read: insurance) got a close look at the car.*

*(I'm sure most of us have said SOMETHING incriminating [by insurance agent standards, ne-way] - about our driving at one point or another: afterall, we're all here because to us, our cars are more than basic transportation from A-2-B. . .They're a source of FUUUUNNNNN! )

meccanoble

iTrader: (22)

well i don't really care if they see this or not because the way i explained the story here is EXACTLY how i explained the story to the police. I have no reason to lie and although my friends are pressuring me to sue because i am NOW feeling neck pain and minor knee and hip, i'm not in it for the money, just in it for another maxima which i feel i rightfully deserve. I put a lot of hardwork into my first one and i'm not rich enouh like a lot of you to throw in a turbo whenever i feel like it. I was working my way up and now i have to start from scratch again.

Also, i am DEFINITELY going for a stick again. This time i'm looking for SE. I would look through this forum for one but i'm worried alot of the ones here are beat up.


As far as pics are concerned, i don't plan on taking any unless they let me keep it so i can show u waht's for sale and what has been damaged. Actually i might take some anyway but i don't have a digital camera so i would have to go the disposable route.

Today i SHOULD be going to get the police report and work from there. Thanks all for your help, if i didn't have any feedback who knows what i would have done as far as getting money for my new used car. I know what i deserve.....

meccanoble

iTrader: (22)

Hey guys, i just thought of something new while coming back from my lawyer.

IF they don't let me keep the car, they are gonna give me the worth of a GLE if all things go right. Right?

So if i take all the stuff out that i added besides 5 speed, that makes my car any different from a GLe (spoiler, rims, foglight, speakers, etc.) will i get in trouble? obviously the insurance hasn't seen the car and i doubt they gonna pay me for the smaller things i added so will it hurt me in any way?

KWheelzSB

iTrader: (1)

Don't think of it as being greedy, or taking $ you feel you're not entitled to. Bottom line: living with chronic pain diminishes the quality of your life. If there are treatments available that can either help you manage/control chronic pain, or better yet, heal it altogether, then you should take advantage of those. Treatments, of course, cost $$$$$.

-It shouldn't be your responsibility to pay for those treatments. It should be the responsibility of the person who was at fault or their insurance company.

You have to consider the possibility that the damage to your body is worse than you think, and may take considerable time to heal. You may shrug it off as tolerable a few days after the accident, but If 5 years from now, you're still living with chronic pain because of this accident and someone were to ask you:

"Having sleepless nights caused by pain, having had your physical activity limited by pain, etc., for the last 5 years - if you could go back and either have your car replaced, or be guaranteed you'd live free of any pain from the accident for the rest of your life, which would you choose?"

Trust me, I know what your answer would be.

We're not even talking about an "either fix the car or fix me" case here. This is just making sure you take steps NOW to protect your future physical and financial wellbeing. If you have an attorney involved, he should already be advising you of this.

Again, best of luck 2u.

,

PS: I see no problem with returning the car to it's original trim-level by removing items/accessories. Shouldn't be a problem 4u.

meccanoble

iTrader: (22)

thanks, my mom and i just came from a lawyer and we are going to sue for this. Pains in the knee have gone and come back along with hip but the neck is still hurting. Have an appointment with a chyropractor tomorrow



Also i am selling my warspeed y-pipe at a super deal of 50 dollars. If anyone wants it, go to the FS forum and see for details. Great deal, just takes a little installing and uninstalling

DaddyMac

whether you were or weren't is not the case anymore.

did you get any air bag burns ? that **** stings like a nasty rash

Go to autotrader and look up prices for the insurance and since you are looking to replace it with another maxima, you are killing two birds with one stone.

jules

Calm down man, I wasnt implying that you were lying or telling two different stories. I was just using your thread to ask a relevant question. And I am not rich at all, I work very hard to mod my car. Sorry about your accident, and you deserve all the money you can get. I would feel violated if someone were to hit me and total my max
Jules

*edit* I hope you didnt tell the police officer that you werent wearing your seatbelt because you wont get anything for your pains. Just a word of advice, leave that tid bit of information out.

meccanoble

iTrader: (22)

your right and i didn't. They didn't even ask. Also i have some parts for sale now. Parts i don't need if they total car.

Also, sorry if i sounded like an a$$. Didn't mean to

naijai

iTrader: (1)

hey man whats up i was also in an accident and my friends are telling me to sue the guy for money to fix my max but i have learnt that the person will be payed back in full one day so im looking for front parts if yu wanna sell dont mean to be the swooping vulture but i gotta fix my car

meccanoble

iTrader: (22)

understood, my whole front is perfectly clean because i just got it replaced after my accident in early june. If they let me keep car its all yours but price shouldn't be a problem since u not even paying for it correct?

naijai

iTrader: (1)

definetly

kwamdoo74

Check your Email.

meccanoble

iTrader: (22)

sent you one back. I recommend any body interested in parts please check out my thread in the FS forum.

meccanoble

iTrader: (22)

just got report in and they kind of screwed up my story.

it says for her and i quote:

"i was waiting to make a left turn and the road was clear and he flew out of nowhere and i struck him"


my story and i quote:

"i was driving down the street and i saw her MAKING A LEFT TURN but i continued to go and she struck me."

i said i saw her at the intersection and she didn't move till i got in the intersection. Bout to see wha'ts up with this but the way she phrased it seems like she might want to fight this. What do u guys think?

Scruit

You need to go back and make them change that report to what you ACTUALLY said.

Don't worry about her 'Flying out of nowhere' comment - that just means she wasn't looking. If she is making a left turn she is responsible to checking that the oncoming lane is clear. Unless she wishes to claim you were doing 100mph or more, then she should have seen you.

The fact she hit your SIDE is in your favor. Means she had not started to turn until you were in the intersection. If she HAD started to move before you go into the intersection then you would have hit HER side.

Make sure you talk to your attorney and file a wirtten complaint that the report misquoted you.

julioshinobi

Glad your ok!!! Soory to hear about it, I have been in many accidents so i know the feeling. Looks like your getting good advice from everyone. Good luck.

Peace.

maxxed

Unless the police officer witnessed the accident the police report is considered "here say" and is not admissable is court.

The important thing to do is to get her insurance company to admit fault in the accident, have they done that yet? Have you contacted them?

meccanoble

iTrader: (22)

I LOVE YOU GUYS, I TRULY DO

dam, from a fearful battle you gave me hope. I was thinking the same thing. And i wasn't going any faster than 30 mph. The speed limit i believe is 30 or the LEAST 25. Could be even 35. I'll talk to my attorney about the misquote made.

I wanted to contact her insurance company today but instead, my parents forced me to go to class which i didn't even do (as u can see i'm in the lab typing ). But when i checked the report, i didn't see a name or a number, just a policy number and some other like 3 or 4 code number showing the profile of insurance company?

is there any way to find out who the insurance company was from any of this info? also, i see no reason why she shouldn't be fully blamed. The worst thing is that i'm looking at maxima's on the internet and they are going for like 7,000 or so. And i can't find the one i want, black on black or dark blue on black. My neighbor has like a 97+ maxima (dark blue, with black leather) but it looks like it has been perfectly cared for plus its a GLE which means no stick. Dam its so hard finding a dam maxima with all the stuff i want.

I am thinking about looking into the Acura Legend coupe....they look real tight and spacy...plus i think they faster than maxima stock vs stock right? nah, gotta stay with you guys.

Scruit

Mecca - please read all of this HIDEOUSLY LONG message - I belive it contains very valuable advice If you disagree after you've read it, tell me to go to hell and I'll shut up.
In both of my previous accidents I was exhonorated of blame in what could have gone 'Knock-for-knock' (British insurance slang for 50/50 blame) because I did part of the accident investigation myself.

I waited until I saw the police report and saw what the other driver claimed, then I did the investigation specifically to refute that claim.

Example 1: I was in the left lane of a three lane road doing 40-ish. A driver from the stationary middle lane tried to change into my lane and I struck his rear door. He claimed that I was illegally using a Bus Lane and therefore he should not have expected me to approach from that angle. Also, he said he switched into the left land at the END of the section marked as a bus lane.

I went back to the scene of the accident with the police report and decided to refute both of those claims. Firstly I photographed the street sign that said; "Left lane = Bus lane 8am-10am, 4pm-6pm" The accident happened at 2:05pm. Claim #1 refuted. I photographed the end of the bus lane and showed a concrete wall and no sidewalk on the left side of the road. His police report said both cars drove completely onto the sidewalk so as not to block traffic while we exchanged details. The concrete wall proved that there was no sidewalk where HE claimed the accident was, therefpre he could not have joined the left lane at the ned of the bus lane. I also photographed where I said the accident happened, showing the scuffmarks from our tires as we both mounted the kerb.

His insurance company admitted liability less than a week after I sent this stuff in.


Example 2: I merged into a lane in front of an Accord. Driver of the Accord started tailgating me with his hands up in a "WTF you doing" motion for 1/8 mile. I stopped at the red light, and the driver behind was not able to stop and rearended me. His claim was that I merged too close to him and then immedately braked harshly. I went to the scene of the accident and photographed & measured the length of the lane from where I merged to where I stopped. 1/8 of a mile. He didn't refute the point at which I merged, and the accident damage was on the road under the red light. His insurance assesor agreed that after 1/8 of a mile he had plenty time to give himself a safe distance even if I DID merge too close (which I didn't!). Finally, I showed photographs taken at the scene showing that the accident damage was symmetrical on my back bumper and his front bumper, thus further proving I was fully established in the lane when the cars collided. His insurance company admitted liability (but still nickel and dimed me on the total, but I was still exhonorated and assesed a "non-chargeable accident" on my driving record, which means not my fault)



SO - Here is what I recommend you do; Play Mr.Detective. You can laugh at me if you like, but at least hear me out...

- Go back to the scene of the accident with a real (not digital) camera and take the following pictures;

1) Draw a scale diagram of the intersection -measure if you have to,

2) Drive your car following her path, and take up position to turn left just as she had done. Photograph what SHE would have seen - especially noting how far she could see down the lane you were coming from. Plot her start position accurately on your map.

3) Mark the point in the oncoming lane that you were coming from that she SHOULD have first seen you. This may be a short distance if there is some visual restriction like trees in the median. Or it may be that she could see for 1/2 a mile. Take into account the light level at the time of the accident - to take photographs at day and night of the accident was at night

4) Mark the impact point on your map.

5) Sit by the side of the road with a video camera and time how long it takes a car to drive from HER start potion to the impact point. We need to understand how long this is - is it 1 second, or 5 seconds? Take the average of ten cars, and assume that this is how fast she made her turn.

6) Calculate how far your car would have travelled during the time you calculate in 5) that it would have take her to move from her start position to the impact point. Calculate this distance at the speed you claimed you were travelling at, and also the speed she claimed you were travelling at (if any) and also an arbitrily large speed, like 75mph or 100mph.

7) The grand finale is; Using the distances you calculated in 6, plot points on your map that correspond to YOUR road position at the moment SHE started her turn. You are aiming to show that your car was within the distance SHE could SEE (measured in 3) when she STARTED her turn.

If you can get all this together, and you can scientifically prove (and show good documentation of how you arrived at your conclusions that would stand up to scrutiny in court) that your car was inside her field of vision when she started her turn, then this fact, coupled with her admission that you 'came flying out of nowhere' would be proof that she SHOULD have seen you but DIDN'T.

Even funnier would be for you to calculate the speed that you would have to have been travelling at in order to have been OUTSIDE of the area that she could have seen, yet still arrive at the intersection and collide with her. If there is a good field of vision then this numbe could easily be 150 or 200mph. In order for her to claim that she COULD NOT have seen you when she started her maneuver and that you were going so fast that the accident still happened.... she would have to claim that you were travelling at 200mph.

That, my friend, would be your SLAM DUNK.

Love & hugs

Scruit
(former law student)

Example diagram

meccanoble

iTrader: (22)

unbelievable. I'm going to get right on it. I don't own a video camera though. I can take snap shots with disposables and draw a diagram but that's about it. There was NO tree or anything to alter her vision. The only thing that could have been in the way was a car, not a van or a truck but a 4 door sedan like mine that was on my left about a good car distance in front of me. However, there is no way that could have gotten in her way and i will prove it with diagrams. When i'm ready to do all this do u mind me coming to your for help because i'm not too good at the physics...slept in class

i'll shoot u a AIM or PM

Scruit

If you need help with the math then give me a shout - any time.

meccanoble

iTrader: (22)

GA DAMMIT I'M SO FREAKIN MAD!!!

Insurance companies aren't open on the weekends like i thought and instead of going to school i could have called them yesterday or called my insurance company and they could have called them! Now i gotta wait to freaking monday to get any word on anything. I hate waiting. JESUS GOODNESS CHRIST

i have her insurance code. its 962

i think mine is 012. Could anyone tell me her insurance company from that? if not, could u atleast tell me her insurance company from the policy number which i would post next if ins. code isn't enough?

meccanoble

iTrader: (22)

MORE BAD NEWS

according to my pop's, i can't sue. he says he gave me some type of low class liability insurance or something where i can't sue. She should still be paying me for a new car but as far as damages to my health, even if i had a broken leg i couldn't get a peso....there SHOULD be a way to work around this but from where i stand, i only expect money for car....sucks...