alexwbush All American 3344 Posts user info edit post |
I know someone who has gotten into an accident and was just wondering some things...
If a car is damaged, and they intend to collect $$ for damages, but they drive off in the car... can that person still claim damages to their engine? Or would it just be body work at that point?
If you're pulling out left onto a road and you for some reason or other don't see a car coming from your left side and the car strikes you, is there anything you can do if you notice they didn't even try to break or miss you? 9/29/2005 12:23:45 PM |
wolfmantaxi All American 1020 Posts user info edit post |
[quote]is there anything you can do if you notice they didn't even try to break or miss you?/quote]
i seriously doubt it, since there is no way to tell how far away they were when you pulled out 9/29/2005 12:34:45 PM |
alexwbush All American 3344 Posts user info edit post |
break = brake before the spelling police come out
^I was wondering because I didn't see any skid marks, which I would expect to see if someone braked hard 9/29/2005 1:08:22 PM |
Skack All American 31140 Posts user info edit post |
I am almost positive that I have seen a NC general statute that says you are required to avoid an accident if at all possible, but I can't find it now. Unless the other driver admits to hitting your friend intentionally they would never be able to make a case anyway.
As for the engine damage...We need specifics on what happened and why you think it was related to the wreck. 9/29/2005 1:11:45 PM |
xvang All American 3468 Posts user info edit post |
I doubt it. I know if you are reversing out of a parking spot and someone hits you, it's your fault no matter what, even if you didn't see them coming through the parking lot. Unless it's undoubtedly proven that they were speeding really fast through the parking lot.
Maybe they didn't notice you pulling out... Usually, people in their right mind wouldn't just keep plowing through if they know you are pulling out... usually
P.S. Was he a mexican? 9/29/2005 1:13:47 PM |
beethead All American 6513 Posts user info edit post |
Quote : | "I didn't see any skid marks, which I would expect to see if someone braked hard " |
not if they have ABS9/29/2005 1:16:30 PM |
JonHGuth Suspended 39171 Posts user info edit post |
or know about threshhold braking 9/29/2005 1:16:58 PM |
beethead All American 6513 Posts user info edit post |
haha.. like 1% of the population maybe 9/29/2005 1:20:52 PM |
69 Suspended 15861 Posts user info edit post |
even abs wil leave light gray "skid marks" from the tires heating up and transferring rubber to the road, its not the same as a lock transfer, but it will be obvious. 9/29/2005 2:14:09 PM |
alexwbush All American 3344 Posts user info edit post |
The person was pulling out of a parking lot onto a 4 lane road. As she is pulling out, she is struck on the left side (driver's side). She said she didn't even notice the car until they were about to hit. Her car is an Acura Integra, which sustained most of the damage on the door and broke her front axle. The other car, a Dodge Neon, hit her and sustained what looked to be mostly body work damage. Her car was towed away. The other car drove away after the accident. The Neon's air bags had deployed.
The place where she pulled out had to be around 1/8 of a mile from a stop light, so the Neon wasn't going that fast when it hit her (thank God). But with that many lanes of traffic, it made me think... did this person even try to miss? I know that's thinking sinister, but it's possible. The driver of the Neon claimed the very next morning before my friend had claimed hers (around 10am). That's pretty quick. I don't think the Neon is totalled (especially since it drove away). The lady in the Neon was complaining about her neck and her arm, but seemed perfectly fine when she was walking around.
I wonder about people sometimes... 9/29/2005 2:48:44 PM |
Quinn All American 16417 Posts user info edit post |
Try not pulling out in front of people, and let the psych majors (god knows they need a job) wonder about people. 9/29/2005 4:30:50 PM |
zxappeal All American 26824 Posts user info edit post |
You can total a car about two times over and still drive it away (at least in a lot of instances). Technically a total means that you can't fix the car for cheaper than about 75% of replacement cost.
Then again, "total" is often at the discretion of the adjuster. 9/29/2005 4:35:55 PM |
alexwbush All American 3344 Posts user info edit post |
^aha... didn't know that. Dodge Neon's are worth like $5... sooooo might be totalled 9/29/2005 4:44:33 PM |
whtmike2k All American 2504 Posts user info edit post |
Your friend is at fault. No one died or was seriously injured, so it'd be suprising if anyone did enough investigation to find the other driver at fault. Basically your friend failed to yield the right of way to the other driver on the 4 lane road. There's no telling what kind of reaction time the other driver may have had, or if there were other cars on the road (next to her to prevent a swerve). If she swerves to miss your friend, and hits another car she's fucked cause thats her fault. So of course she hits your friend. Also, there are plenty of reasons other driver filed so quickly. They could need a rental to get to work, need the car back asap, etc. Insurance claims sometimes take a while to move along, so its best to get them going quick.
Tell your friend to bite the bullet and take the hit on her insurance. Even paying increased rates she'll save money over fixing her car and the other car out of pocket. Thats what insurance is for.
[Edited on September 29, 2005 at 4:50 PM. Reason : he/she] 9/29/2005 4:48:33 PM |
alexwbush All American 3344 Posts user info edit post |
I think her main concern is points on her liscense and people milking for money (medical). A lawyer will be involved on her part to help alleviate that. 9/29/2005 4:56:17 PM |
whtmike2k All American 2504 Posts user info edit post |
no ticket written = no points on license. since technically, its not a moving violation to get in a wreck. now if she got a ticket from the cop for failure to yield or something, then yes she'll have points
[Edited on September 29, 2005 at 4:58 PM. Reason : exp] 9/29/2005 4:57:15 PM |
alexwbush All American 3344 Posts user info edit post |
failure to see yourself clear or something like that... hence the lawyer 9/29/2005 5:38:46 PM |