Car...gone...i think...

[HowzeR]

Here is a picture of the damage my car suffered in an accident where a guy pulled out in front of me... I ended up in a ditch causing damage to the drivers side fender as well unfortunately... Its a 88 325is... Anything think theres hope for a repair or? The boys insurance company "AllState Indeminity" is refusing to pay saying I was 1% at fault... I guess I was at fault for being on the road? Haha... Anyhow Im fighting them. I attached a picture of the road where the wreck happened, I'm the blue arrow, he is the red arrow, the red "squares" are the other cars and the circle is the point of impact. The boy said someone motioned him out, obviously he shouldnt of went. I still do not see how Im at any fault. I was in the middle lane, the left hand left turn lane going to the stop light. For what I can understand, what I did and where I was is perfectly legal.

[delatlanta1281]

It isn't your fault. You had right of way period.

[King Luis]

ya, he's totally at fault. he's the one going through oncoming traffic.
hope you get your car fixed or a newer and better one.
good luck on having on little hassles as possible.

[HowzeR]

Hey

Yeah that’s what I thought, that left hand turn lane extends all the way to the traffic light ahead to turn onto a separate highway... the guys insurance company insists I should not of been there.... for some unknown reason concerning the arrows on the road.... Her reasoning is insane. The arrows indicate a left hand turn lane (duh) and the solid white line only indicates traffic moving in the same direction... The kid shouldn't have taken another drivers word for it that it was "clear" to cut across two lanes of traffic. The reason I’m so concerned is because I only have collision insurance on the car, so unless his insurance pays out, I’m out of a car completely.

[Teaguer]

Seems like it should definitely be the other guys fault .

Let me ask a few q's :
How much distance is there to that left turn lane to the upcoming intersection ?

And was the traffic backed up all the way to and beyond where the other guy oulled out from ?


Oh and did you do the bumper swap or was that the work of a PO ?

[HowzeR]

hey

Traffic in the first lane he crossed where "someone motioned" for him to come out was backed up until the stop lights. My lane where the impact occured was virtually empty, only about 2 or 3 cars up ahead waiting at the stop light at the end of the lane I was hit in. There is about 45-50 yards to the stop light from the point of impact. Im not excellent with judging distance though. If you notice the picture where the red van/suv is in the picture, you will see where the one lane Highway breaks off into two lanes, that lane extends all the way to the stop light in which you can make a left onto the other highway. I did the bumper swap (:

[parkerbink]

100% his fault. Lets pretend you are 1% at fault ask them why they won't pay the 99% they acknowledge.

[HowzeR]

No joke, they insist in north carolina that if your at least 1% the cause of the accident no one is at fault.... anyhow I agree, he's 100%. thank you all for your replies! I wish it could be fixed but the damage doesnt look good ):

[DaveInLA]

Were you speedint at all? that changes things a bit.

[Fidhle007]

You were driving a nice BMW, you were probably speeding (I would be :-)). That won't change things unless the other driver offers it up as a challenge and in that case it would be very hard for him to prove how fast you were going. I'm not sure how things are there but up here in hicksville (aka NH) they don't say who HAS the right of way, just who must YIELD it. (I'm actually quoting the little book there...) A car merging onto a road (him) must yield the right of way to cars already on that road (you.) It's you're responsability to obey all traffic laws but it's his responsability to make sure you aren't about to mow him down before he pulls out. He's at fault, don't let them get away with that crap. I'm sorry about the car man, it always hurts to see a white e30 in so much pain.

[HowzeR]

hey

thanks guys! Yeah it was my baby, I had it since I was 16! Im turning 23 this september. I had a full respray at a BMW bodyshop, rebuilt transmission, new cooling system overhaul, brakes, etc etc I could sit here forever and list things but its of no use. I fear I will never be able to drive it again. Actually the speed limit in that area is 45mph, I was probably only doing about 30 because I was going uphill and let off the gas anticipating stopping at the upcoming redlight.

[mtechnik]

sorry to hear

[moatilliatta]

Fight the fight. Win the war.

[Van Westervelt]

If the insurance denies it, go after him in civil or small claims. You can't walk away from that empty handed. Clearly his fault. I just had a similar accident but no witnesses and she lied. So I got stuck with the bill. Fight fight fight!

[Sean]

That's bullshit. I never listen to people when they wave me.

Almost all the time, they aren't aware of what's around them - the person waving him through wans't looking anywhere. Its that guys fault for pulling out. Hell, that guy could sue the person that waved him on (the could, HE SHOULDNT...but the way the world is today, he could)

He's entirely at fault, and you need money for your car!

I know it's not good to ask...but could I get the mounting hardware for that rear bumper??? And...the front bumper shocks? I have to ask - I need them bad. :)

Best of luck to you!