Oil trail from cracked pan caused an accident..

[TurboJake]

It's the drivers responsibility to pay attention to road conditions. Simple as that.

[TimKninja]

As many others have said .good on you for go checking on her, and I would still feel guilty of causing the accident a tiny bit .if your oil wasn't there she probably wouldn't have derped.

But legally your not responsible. If you ride a motorcycle/scooter/death machine your gonna have to be extra carefull . That's like me hitting a rock in the road and blowing out my pan. I'd like to blame it on the rocks Previous owner , but in reality it's my fault for not avoiding it. Shit happens.

[jdirty]

Yeah, completely understand. It was a good thing you stopped and checked if she was alright. But there is no way you are at fault for her negligence. If anything, they should thank you for having the decency to stop and check.

That's pretty much what my insurance agent said and kinda implied i shouldn't have bothered really.

I spun in the oil from my own transmission once...

...I tried to sue myself, but failed.

And my RACE car isn't that low...

t

Lol no settlement? E30 race car?

Wait... So the woman didn't see the probably GIANT FUCKING DARK OIL PATCH and slow down? Negligence there, I would've said sorry, hope your ok, now bye I have a life to go on with without paying you for your ignorance...

I'm guessing no because the grade from over and away from the railroad is kinda steep I guess. I left a trail and not a puddle and just her luck she probably road on the trail like a bar of soap..

[Wschnitz]

Wait... So the woman didn't see the probably GIANT FUCKING DARK OIL PATCH and slow down? Negligence there, I would've said sorry, hope your ok, now bye I have a life to go on with without paying you for your ignorance...

[TobyB]

I spun in the oil from my own transmission once...

...I tried to sue myself, but failed.

And my RACE car isn't that low...

t

[gtdragon980]

That makes sense. It's just that I felt like I was caught red handed as the source since I couldn't drive away from it. And a perfect trail led to my car. Lol

Yeah, completely understand. It was a good thing you stopped and checked if she was alright. But there is no way you are at fault for her negligence. If anything, they should thank you for having the decency to stop and check.

[jdirty]

QFT. Sig'd. Should be m42club's slogan.

[Holland]

It's always needs moar low until someone breaks their pan...

[jdirty]

It would be a pretty shitty thing to do if they come after you for damages... But, this is 'MURICA where nothing is my fault.

I wouldn't be surprised if they did but my insurance told me not to worry about it since it really wasn't my fault. My agent said "As messed up as it is, they will more than likely not get anything. They're lucky you even stopped."

[lambo]

Wow this is ridiculous...

A while back I was listening to my local rock radio station and once a week they have a lawyer come on the show and answer listener questions. This one guy called in and asked what he could do after he hit a patch of gravel left over by snow removal crews on his motorcycle and went down. The lawyer basically told him that he was shit outta luck because, as a driver/rider you're supposed to adjust for reasonable road hazards.

It would be a pretty shitty thing to do if they come after you for damages... But, this is 'MURICA where nothing is my fault.

[jdirty]

so you already cracked your pan from being too low, and now you smashed it and caused some poor lady to crash? the seemingly obvious thing is that your car is too low.

Too low? Not at all. If you have a problem with the m42 oil pan design, take it to BMW engineering. As I've just learned to live with it since I've already dealt with road debris hitting my pan before even when my suspension was still stock. I had a slow leak from a hairline crack (from: you guessed it, shit hitting my pan) that was forming so I had it welded. Talked to her and her fiancé and she's fine.

Your assumptions have been really helpful and your powers of deduction are impeccable.
But really, I'm just Trina see if this has ever happened to people before. Similar cases and such.

[straight6pwr]

so you already cracked your pan from being too low, and now you smashed it and caused some poor lady to crash? the seemingly obvious thing is that your car is too low.

[jdirty]

In most cases, especially in tailgating scenarios, the car in the back is responsible if he/she slams into the car in front. It's not the front driver's responsibility to make sure that he brakes slowly enough for the rear driver. In the case of the OP, I think that he might have been better off if he braked accordingly and took the chance of getting hit from behind.

I was thinking that but I obviously didn't slow down enough to avoid rebounding. You are probably right with braking, I might have just been over confident with my clearance, poor judgement in slope grade, etc. either way I'd rather not take anything from behind if I can avoid it. Lol


Here's a photo of my pan just to show I couldn't have limped away from the scene and yes, I recently had it welded to reinforce a hairline crack. In the same damn spot!! Lol

[jdirty]

Chicks on scooters are super hot. Was she any hot?

Depending on your choice of age, maybe. She seemed to be of age having white streaks of hair. Not that it's a bad thing, I just really don't find her attractive.

First, if she files a claim dont assume your insurance will pay for it! They have a fraud department that will look into it and might pay for some of the damages but regardless, your insurance will likely not go up etc.

I wouldnt worry about it. I think you did the right thing by providing assistance. I am sure they will factor all that into consideration. I am sure she has insurance as well.

It sounds like an accident etc. and no one was seriously injured.

Having said that there is a lot fraud that goes around....back injuries etc and all because they have a medical bills doesnt necessarily mean that the insurance will pay for all of it. Insurance company's have a attorneys that actually fight other insurance companies against claims...including legitimate ones. Most end up paying a fraction of the claim. In that business, its all about negotiations.

Thanks for the reassuring words. You pretty stated what my insurance did too. Are you my agent?!? Lol

If an oil trail from your car caused an accident that is YOUR fault, then every other oil spill on the road that many bikers slip on everyday should be considered as fault on the person who spilled the oil. However, that is not the case. She cannot blame you for her accident. She probably did not have the knowledge of avoiding oil on the ground on a scooter/bike. This should be 100% her fault.

That makes sense. It's just that I felt like I was caught red handed as the source since I couldn't drive away from it. And a perfect trail led to my car. Lol

[ClayW]

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.

Geez. I didn't mean that he should slam on the brakes anytime someone tailgates him. Of course one should always strive to not cause an accident.

However, I was talking about his specific, split-second decision. In that instant, the OP claims that he had the choice of hitting the brakes and possibly getting rear-ended, or not hitting the brakes and possibly damaging his car. OP took the latter option and damaged his car. He seems to think that the tailgater caused him to damage his car. My suggestion was that, in that specific instance under those circumstances, I would have hit the brakes.

In most cases, especially in tailgating scenarios, the car in the back is responsible if he/she slams into the car in front. It's not the front driver's responsibility to make sure that he brakes slowly enough for the rear driver. In the case of the OP, I think that he might have been better off if he braked accordingly and took the chance of getting hit from behind.