Oil trail from cracked pan caused an accident..

[jdirty]

I got into an accident earlier when my oil pan hit the rail road crossing. A car was right behind me and i didn't have enough time to slow down. Didn't think much off it until i saw smoke in my rear view mirror. At this point i already had a bad feeling that it was my oil pan. Sure enough it was and i coasted my car to a nearby parking lot. A few minutes later, I was approached by a gentleman asking if it was my car that left a trail of oil. Unknowingly, I said yes since it was quite obvious that my car left a direct trail of oil as i coasted it. I found out that somebody slipped on their scooter. Feeling guilty I approached the woman and saw that she had road rash on her palms and grazed the side of her scooter. I really feel bad but at the same time I don't want to be fucked over by my insurance if this incident will affect it. Of course i wasn't able to get the plate of the person tailing me earlier who i feel caused me to smash my pan. Legal wise, I feel like i might be the one liable. Am i correct in assuming that since my car is 'lowered'? I think i only have liability on my insurance. I'm just still a bit hesitant in contacting my insurance about this If i can just work something out with the woman who got involved. I gave her my name and number and left since i was late for work and had a coworker pick me up. Also my car is still a sitting duck for 8 hours with a trail of oil leading to it.

I guess my question is what would you guys do?

[blunttech]

Its not illegal to lower your car. And nobody caused you to crack your pan. I would contact insurance and explain you hit something that damaged your pan and caused this poor woman to crash . Its nothing intentional. It was an accident

[Herr Faust Schinken]

yeah you are sorta liable sorry bro, you were the one that decided to lower your car and that means its your fault that your car clipped something on the road, nobody else caused you to break your pan only you. hopefully the woman is ok, technically you aren't responsible for her falling down, because she should have avoided the road hazard that you caused, but it can be still pinned on you if i where you i would call her and get an agreement to fix her bike and maybe she wont make you pay for medical stuff

[ClayW]

I got into an accident earlier when my oil pan hit the rail road crossing. A car was right behind me and i didn't have enough time to slow down. Didn't think much off it until i saw smoke in my rear view mirror. At this point i already had a bad feeling that it was my oil pan. Sure enough it was and i coasted my car to a nearby parking lot. A few minutes later, I was approached by a gentleman asking if it was my car that left a trail of oil. Unknowingly, I said yes since it was quite obvious that my car left a direct trail of oil as i coasted it. I found out that somebody slipped on their scooter. Feeling guilty I approached the woman and saw that she had road rash on her palms and grazed the side of her scooter. I really feel bad but at the same time I don't want to be fucked over by my insurance if this incident will affect it. Of course i wasn't able to get the plate of the person tailing me earlier who i feel caused me to smash my pan. Legal wise, I feel like i might be the one liable. Am i correct in assuming that since my car is 'lowered'? I think i only have liability on my insurance. I'm just still a bit hesitant in contacting my insurance about this If i can just work something out with the woman who got involved. I gave her my name and number and left since i was late for work and had a coworker pick me up. Also my car is still a sitting duck for 8 hours with a trail of oil leading to it.

I guess my question is what would you guys do?

*I'm not a lawyer, so take this with a grain of salt (along with any other internet-sourced advice you get in legal matters).

1. Never admit fault on the scene. You may be at fault, or you may only think that you were at fault. Either way, it does you no good to admit it on the scene. Let your insurance company figure it out. Notice that I didn't say to deny fault; just don't concede it on the scene. For all you know, there's a law in your state that specifically prohibits people from suing you in this situation. Hell, how do you know that she wasn't doing a wheelie at 45MPH around a corner and wiped out? She could have just wrecked, saw your oil, and decided to blame it on you.

2. If someone is tailing you too close, hit the brakes. It's their fault if they hit you. If you choose not to hit the brakes and you plow into someone else, it's your fault. Similarly, if someone pulls out in front of you, it's probably better to broadside them rather than swerve into oncoming traffic or onto the sidewalk.

3. Your liability coverage probably covers the scooter rider's loss, but not your own. Give them your insurance information and leave it to them. That's pretty much what liability insurance is for. If they don't get satisfaction from your insurance policy and they ask you personally for money or a settlement, refer them back to your insurance company.

[reelizmpro]

It is illegal to lower your car excessively, they just hardly enforce it anymore. I'm sure every state is different but in CA, you can get cited for having your car too low. If you are breaking oil pans, you probably fall into this category. Legally I'm not sure she can come after you. Oil/coolant/water on the pavement sounds like just a common road hazard, unfortunately people who ride are at greater risk than people who drive.

[delatlanta1281]

*I'm not a lawyer, so take this with a grain of salt (along with any other internet-sourced advice you get in legal matters).

2. If someone is tailing you too close, hit the brakes. It's their fault if they hit you. If you choose not to hit the brakes and you plow into someone else, it's your fault.

Really? Come on. How about this, just pull to the side after putting your blinker on and let them pass? Causing an accident, while it may not legally be your fault, is a fucked up way to alleviate a situation like tailgating.

[jdirty]

Its not illegal to lower your car. And nobody caused you to crack your pan. I would contact insurance and explain you hit something that damaged your pan and caused this poor woman to crash . Its nothing intentional. It was an accident

Yeah that's what i was thinking. For now it's not illegal in NV at least. Maybe i'm just too nice that I didn't think of her being responsible for not avoiding it too.

yeah you are sorta liable sorry bro, you were the one that decided to lower your car and that means its your fault that your car clipped something on the road, nobody else caused you to break your pan only you. hopefully the woman is ok, technically you aren't responsible for her falling down, because she should have avoided the road hazard that you caused, but it can be still pinned on you if i where you i would call her and get an agreement to fix her bike and maybe she wont make you pay for medical stuff

This was what i was worried about being used against me. Yeah she is fine aside from the road rash on her palms.

*I'm not a lawyer, so take this with a grain of salt (along with any other internet-sourced advice you get in legal matters).

1. Never admit fault on the scene. You may be at fault, or you may only think that you were at fault. Either way, it does you no good to admit it on the scene. Let your insurance company figure it out. Notice that I didn't say to deny fault; just don't concede it on the scene. For all you know, there's a law in your state that specifically prohibits people from suing you in this situation. Hell, how do you know that she wasn't doing a wheelie at 45MPH around a corner and wiped out? She could have just wrecked, saw your oil, and decided to blame it on you.

That's kinda what i was trying to imply, when i told her somebody was tailing me. That is a good point that you put out there since i was in a right turning lane and the trail was half a foot from the gutter.

2. If someone is tailing you too close, hit the brakes. It's their fault if they hit you. If you choose not to hit the brakes and you plow into someone else, it's your fault. Similarly, if someone pulls out in front of you, it's probably better to broadside them rather than swerve into oncoming traffic or onto the sidewalk.

I know what you mean about braking and it's going to be on them if they rear end me. Maybe I'm just exaggerating about car length or closeness, it was probably the length of an e30.

3. Your liability coverage probably covers the scooter rider's loss, but not your own. Give them your insurance information and leave it to them. That's pretty much what liability insurance is for. If they don't get satisfaction from your insurance policy and they ask you personally for money or a settlement, refer them back to your insurance company.

I'm planning on contacting my insurance soon. I'm just hesitant in contacting them in fear of my already high rate going up and an another accident on my driving record.

[jdirty]

It is illegal to lower your car excessively, they just hardly enforce it anymore. I'm sure every state is different but in CA, you can get cited for having your car too low. If you are breaking oil pans, you probably fall into this category. Legally I'm not sure she can come after you. Oil/coolant/water on the pavement sounds like just a common road hazard, unfortunately people who ride are at greater risk than people who drive.

I've heard about CA starting to enforce that more. Though that is a good point that you brought up that liquids can be a natural road hazard. It just sucks that i can't have my car towed just yet as i'm stuck at work and it's a sitting duck there with a great big greasy arrow leading to it.

Really? Come on. How about this, just pull to the side after putting your blinker on and let them pass? Causing an accident, while it may not legally be your fault, is a fucked up way to alleviate a situation like tailgating.

I forgot to mention i was on a two way road, actually going the speed limit of 35, since i wasn't running late prior to the accident and i was on what would be considered a turning lane so pulling over would've been impossible.

[slammin.e28]

Oil/coolant/water on the pavement sounds like just a common road hazard, unfortunately people who ride are at greater risk than people who drive.

BOOM.

So, anyone who is leaking anything is liable when I nailed an oil patch on a turn and almost put my car into a ditch.

Sounds kinda like a hot coffee lawsuit. You take the risk by being out there on roads with cars that leak fluids that are slippery. OP just happened to have a neat little happy trail right to his car.

This, my friends, is why when you bust a pan, you just keep driving.

[Todd Black 88]

Up here, if you hit the brakes and they rear end you, it's your fault unless you can prove you were required to brake. You cannot just randomly hit the brakes in that situation.

As for her falling on her scooter, it wouldn't be your fault either. It's failing to properly Adapt to road conditions on her part.

[LJ851]

Let me get this straight, there is no police report and insurance info was not given to anyone?



I don't think you should do anything, accidents happen.



Unless of course she was smoking hot and you want to try and nurse her back to health in which case pics are going to be required.

[10Toes]

Sound like it is whoever is in charge of maintaining the RR crossings fault. They have standards for RR crossings and it sounds like this crossing was not up to them.

Edit: Looks like the RR company is responsible for maintaining crossings in most states.



Nevada

6. The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet on the outer side of each outermost rail, and such maintenance shall include, but is not limited to, the railroad roadbed, rails and all appurtenant facilities.

http://www.lawserver.com/law/state/nevada/nrs/nevada_revised_statutes_704-305

[jdirty]

BOOM.

So, anyone who is leaking anything is liable when I nailed an oil patch on a turn and almost put my car into a ditch.

Sounds kinda like a hot coffee lawsuit. You take the risk by being out there on roads with cars that leak fluids that are slippery. OP just happened to have a neat little happy trail right to his car.

This, my friends, is why when you bust a pan, you just keep driving.

I wouldn't have made it that far and if i did, i'd still leave a trail. My lower pan had a gash.

[jdirty]

Let me get this straight, there is no police report and insurance info was not given to anyone?



I don't think you should do anything, accidents happen.



Unless of course she was smoking hot and you want to try and nurse her back to health in which case pics are going to be required.

I gave them my real phone number and sure enough i get a voicemail. Before calling them back, i first contacted my insurance company and told them what happened. I was pretty much told by my agent that it is more than likely their fault for not avoiding it and as was mentioned in this thread, shit happens. Maybe i am just too nice because i could've just disappeared from this and not give them a call back and provide my insurance info, but i did. And found out the woman's fiance was at the scene and with officers filing a police report. The woman's fiance was cool about it and was very thankful i didn't leave them hanging. I just realized I used to work with the woman too. For some reason, I have a feeling this will bite me in the ass soon. I guess my only consolation is I didn't fuck somebody over entirely. That'll be my insurance's job.

Sound like it is whoever is in charge of maintaining the RR crossings fault. They have standards for RR crossings and it sounds like this crossing was not up to them.

It was also probably because i have an m42 in my daily.

Edit: thanks for the link. That might come handy if ever, this ends up in court.

[evandael]

you did the right thing by seeing that she was okay. don't feel bad about that.

i believe they don't have anything on you, though. it was not willful negligence or any other lawyer speak for 'your fault'.