So I got into my first car accident over the weekend. I was going up a one way street when some idiot who was parked decides to pull out right in front of me I slamed on my breaks but didnt have enough time to stop. I didnt get much damage but he sure did.

Accident scene:




My damage Cracked corner light & scrached bumper (also cracked by the tignal light.

His damage

The crazy thing was that when he got out of his car he was like "I signaled". I almost lost it and then began to explain how signaling does NOT give you the right of way. This guy was just plain dumb. Even worse was that there was no one behind me. If he had waited 2 seconds nothing would have happened. I need to go to the 9th percent today to get the police report.

Any advice on what I should do in terms of insurance? I only have liability, but the officer said it was clearly his fault. Will I be able to get my bumper fixed on the other drivers tab?

Thanks

 

Stupid people!
they think if they turn on their blinker that they don't have to look!!

 

As long as he has insurance i don't see why not.

 

I really hate stupid drivers. If the officer wrote that it was his fault in the police documents then everything should get fixed on his behalf

 

I'm suprised that this is your first accident living in the city and all

Seriously though, that place is warzone!

But anyway... Is your insurance gonna be raised now?

Also, the 3rd gen looks so cute and small compared to that Toyota

 

haha you carry a camera with you? good for the org...no one would care if you didnt haha

i bet hes real lucky he didnt messed up your rims/tires huh?

 

If the insurance goes thru let me know... I still have those Taillights.

Brian

 

Hey 94M@X, you're max looks almost identical to mine, cause my 92SE is also Gold, and I also have Moda R6 wheels! By the way, how did you get those pics taken, the ones that look like they're leading up to the accident?

 

I hope so. I had been trying to call the precient but no one ever picked up so I finally went there and they wanted to charge me $10 for a copy So I still dont know what is on there because I wasnt going to pay for something that should be free. I am going to have my insurance get it, but I hope that is what the officer wrote on it.

Camera phone

Seems that way sometimes!

Hope not, I wasnt at fault?

LOL I was thinking the same

It was after the accident. The hazards are on.

 

well, at least the damage to your car is minimal....I hope the insurance works it way out for you. Good luck

 

Did the cop issue the other driver a ticket? Usually the ticket states who's at fault.

 

sorry about your car , but you got to expect that in new york, trust me i know because i live there, just thank god the situation wasn't worse

 

no tickets? Just told us both to call the precent for the report. Should I have demanded that he be given a ticket?

 

if he didnt break the law hes not getting a ticket. its not unlawful to be a moron that doesnt wait. pay for the police report this way you have it for your records. his insurance should cover it and there should be no reprocusions on your end. find out who his insurance is because if you only have liab, your isnurance isnt gonna do a thing. glad to hear youre ok

 

Failure to yield right of way is a ticketable offense.
parked cars don't have any right of way

 

I know its only a car and what not, but if anyone ever pulled out infront of me in my max, i think I will seriously flipp the f**k out. It shouldnt affect your insurance as you were not at fault, however I know on certain reports it will come back as at fault regardless of rather you were, and you have to send them proof that you were not at fault. I wish i could remember what that was for...i think it was a worthless credit report or something....I think i was denied a card and they offered a free credit repor...and it was listed... i dont know....worthless information really... dont worry about it. Obviously it was his fault...so you call his ins. company and they'll send out an adjuster and will prob cut you a check within a week.

 

any accident whether you are at fault or not is held against you by most insurance companies especially if you go for full coverage

 

some insurance companies keep track of how many times you call them and after a certain amount they raise your rates. My accident report was $5 and they mailed it to me.

 

I got into an accident like the other day. Wasn't my fault either... The guy backed into me. He stopped in the middle of the road, and I rolled up. I was about to give him just a little honk to signal him that there are people behind him. Before I got to honking, he put his backup lights on, and backed up into me trying to pull into a parking spot. He had a Ford F250 that was raised a little bit. His tow hitch pushed my hood in, and a couple other things. The preliminary estimates was about $1300. His company is paying for it, because it was the companies car. Heres some pics.

http://www.cardomain.com/memberpage/489271/9

 

and i thought you were just a parts slinger. now you're the CEO of an insurance company too. stick to dooing what you know best. you dont live in new york and you dont work for an insurance company in new york. believe it or not laws change from state to state. so do insurance regulations.

 

get um boy


if its not split fault and its 100% the other persons fault they dont hold it against you, some kid hit my parked GXE a few years ago, and it didnt do a thing to my insurance because he was 100% at fault.

 

while you are correct that laws do change from state to state, right of way laws do not.
A car in the roadway always has the right of way over a parked vehicle (unless said parked vehicle is an emergency vehicle)
and as far as the insurance goes, that varies by company. just like some companies check your credit report and base your rate off that as well.
heck progressive is doing a pilot program with gps units, to tell how fast you drive, how you drive and when you drive! they award discounts based on that too.

 

we can fight all day about scenario but if he has the right of way he is 100% not at fault and would not be penalized by his insurance company. and thats the point of this thread, to know how it affects him. any reputable comapny will not penalize you for something you did not cause. ive had 2 accidents, one thanks to a cop who said he was on duty and one with my company car. when i switched my personal insurance to my current company, both showed up on my record and neither one affected my being able to get insurance with them, in fact i saved almost $500 a year with them.
and being that you love to get the last word in, this is my last post about what we're discussing.
94m@x good luck with the repairs, make sure you choose a repair shop that has a spray booth and blends the fender, since gold is tough to match up. i really cant tell how bad the damage is from your pictures, but if it took the hit on the corner it's very possible it swayed the front of the car slightly. if you need any shop recomendations pm me, i dont work in the city, but i know a couple of places in queens that do nice work

 

Thanks for all of the input guys. And BTW I was told by my insurance carrier Amica that because I was not at fault, there would be no increase to my insurance. I only have liability.

Shaved I will be sending you a PM Thanks

 

So GIECO has accepted liability for the accident!!!

That was the most pleasent call. Almost made me want to ask for a quote but then I remembered they couldnt beat Amica's price. Anyhow I am going to go tonight to their office to get the damage appraised and get a check. Any recomendations on lealing with the appraisal process? Do I just go and say thanks? Recomendations on getting the most possible?
Thanks

 

Most possible = Get them to pay for a rental (should be easy) the harder part will be getting them to pay for a "like" vehicle rental
...........Demand OEM parts (then "settle" for new aftermarket)
make sure you go in with some high estimates to begin with

 

They said I have to go to their appraiser. When you say go with high estimates, should I get the work estimated from another shop first?

They already said I could get a rental on them, but that really isn’t necessary for me unless I get the work done on the weekend.

The car seems to drive the same, but should I have them check the frame just incase?

 

I would get it estimated elsewhere first, because that way you'll know if they're shortchanging you and if they aren't including stuff they should.

 

just call me again gil, if not call my cell and leave me a message

 

how exactly should he demand for OEM clear corner lamps? besides the fact that buying (aftermarket)clear corners is even cheaper than reproduction a/m corner lamp. and his bumper is repairable.

 

you get them to pay for the OEM , doesn't mean that you'll install it

 

easy cheasy i have it under control:


NEW YORK STATE REGULATION 64
V.? NON-ORIGINAL EQUIPMENT PARTS



20.?? Q:? Can an insurance company, in its estimate, require the use of non-original equipment manufacturer (non-OEM) replacement parts?



A:? Yes.? However:

(1)? the estimate must specify either the non-OEM or the non-OEM supplier;

(2)? the estimate may not specify non-OEM crash parts from more than three different suppliers unless you agree to this;

(3)? the non-OEM crash parts must have a warranty at least as long and as extensive as that given by the original equipment manufacturer and the parts must equal or exceed the original equipment in terms of fit, finish and performance; and

(4)? the insurance company shall specify only crash parts that have been certified by an organization approved by the Insurance Department (if you are in doubt, ask the insurance company to provide you with proof that the certifying agency has been so approved).? [Reg. 64, Sec. 216.7 (b)(5)]





?216.7(b)(5)



(5)???? If the insurer's repair estimate is based upon the use of any non‑OEM crash part:



(i)????? the estimate shall specify the non‑OEM, or non‑OEM supplier;



(ii)???? the insurer shall not, without consent of the insured or the insured's designated representative, specify non‑OEM crash parts from more than three different suppliers for any one repair;



(iii) the crash part shall equal or exceed the comparable OEM crash part in terms of fit, form, finish, quality and performance;





(iv)??? the crash part must be warranted by the non‑OEM at least to the extent and duration as the comparable OEM crash part;



(v)???? the insurer shall specify only certified crash parts, in regard to any part that has been duly certified by a qualified certifying entity acceptable to the superintendent;



(vi)??? if the crash part has not been certified by a qualified certifying entity acceptable to the superintendent, the non‑OEM must issue a written warranty, for at least the period of the insured's ownership of the vehicle, that the crash part equals or exceeds the comparable OEM crash part in terms of fit, form, finish, quality and performance; and



(vii) the insurer shall cause the damaged vehicle to be restored to its pre-loss condition consistent with the non‑OEM warranty, at no additional cost to the insured and within a reasonable time, if the non‑OEM fails to honor its warranty required in subparagraph (iv) or (vi) of this paragraph.



this means they write what the hell they want

 

Do you have the complete statute handy by chance?
that normally only applies in cases where you are the one at fault.
But if you have the whole statute I'll read it

 

http://www.liabra.com/

that link is for the long island auto body repair association. the link to regulation 64 is at the bottom of the page.