I wrecked my car

Discussion in 'The Lounge' started by Sgt. Tibbs, Jun 24, 2009.

  1. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    The insurance guy is supposed to be here some time today to tell me if we're fixing it or totalling it. I'm hoping for fixing, as I still owe $3000 on it and pristine Blue Book is only $4,650..

    Turns out if you rear-end a county sheriff's deputy who is sitting in the traffic lane showing no lights for no apparent reason the front end of your car become an interesting collection of barely-recognizable body pieces. Also, it's your fault. :mad

    I'm fine, other than some stiffness and soreness. First accident in 22 years of driving that didn't involve a deer, though, so I'm a little messed up mentally. :cry

    The interesting thing that I can't seem to get a straight answer from anyone about is the fact that neither airbag went off. Which leads me to believe that the used car dealer I bought it from removed them (I know they can make huge amounts of money selling them separately). However, nothing I have said that, so I was under the impression I had them. I don't believe legally they are allowed to do that, but without calling the state and trying to get someone to tell me, all the information is very vague on the requirements for a used car. And if you've ever called the DMV in Michigan, you know what a challenge THAT's going to be.
     
  2. PapaDuke

    PapaDuke Master Sergeant

    Sounds like a jackpot of a lawsuit to me. Do you have pic's of the car wrecked and showing no air bag deployment?

    Glad to hear your not seriously hurt. :)
     
  3. KingSteve

    KingSteve MajorGeek

    lawsuit for sure. id definitely talk to a lawyer about it and see whats up.
    ditto PD, glad to hear you're not badly hurt as well.
     
  4. joey off the street

    joey off the street Lounge Lizard No.1

    What a shock that must have been. :(
    What do you mean when you say the copper car wasn't showing any lights in the traffic lane?

    Found this on a post regarding regarding airbag removal from a vehicle, although it was in Ca.

    Happy to hear you okay. Some things in the body can easily be damaged at the slightest knock.
    Getting legal advice like Steve says is a must. Also, if you believe the cop was in the wrong, you fight that, too.

    Good luck, Sarge.
     
  5. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    I never saw the cop sitting there, never saw any lights, never even tapped my brakes because I never saw the car until I hit him (it was dark, and we were in the dark spot between streetlights). I dunno, but I can't see my winning this one.

    The insurance adjuster was just here, and they're going to total it. I asked him about the airbags, and he said it's not uncommon for them to not go off, and given where the damage is, the fact that I'm not hurt, and the fact that I didn't hit my head on anything I probably didn't need them. He didn't seem at all concerned that it might be a remote possibility they'd have removed them.

    These are the official pictures for the insurance claim.
     

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  6. thesmokingun

    thesmokingun MajorGeek

    good thing you're ok....I don't think that would get the airbag(s) to go off, there are some sensors in the bumper, (6 or 8? maybe more) and there has to be an impact on like 75% of them to get the bags to deploy.

    I was in an accident a few years ago, and my airbags did go off, good thing, cause i don't think i would be alive or have any teeth if they didn't. but the seat belt and/or airbag impact hurt like hell for a few weeks.
     
  7. TeeCee

    TeeCee MajorGeek

    Ouch, that looks nasty for sure, and I am so glad you were not hurt. I do think the officer was at fault here, in the dark, no w/lights??? I think a lawyer would jump at this one... Good Luck to ya. ;)
     
  8. whoay35

    whoay35 Private First Class

    Good to hear that you're ok. As a veteran of a few car crashes, they are no fun :(
     
  9. KathyM

    KathyM Master Sergeant

    Sgt. T - glad to hear you are ok.....a car is replaceable....you aren't! I certainly would be checking into WHY that copper was sitting with no lights on in an area inbetween street lights.....sounds too weird to me..JMHO!!
     
  10. Paxton007

    Paxton007 MajorGeek

    From the little I know about Air Bags, I can tell you this, it's sort of like a drum and nail, or a bullet I suppose. There are certain points in your bumper where these "firing pins" are and you have to hit something hard enough with that part of your bumper to fire the air bags.

    You're lucky they didn't go off, really. I mean now that it's been totaled, it wouldn't much matter, but they add about $900 each to a repair bill, so they could have tipped the scales against you.

    I had a similar accident a few years ago, went passenger front corner first into a guard rail at about 55, hit so hard I spun and hit with my back end as well.. The bumper didn't get too much damage, and I got to keep both air bags, and my car.

    I wouldn't doubt the newer cars have a better air bag system, but mine's a 99 and yours looks to be in the high 90's low-00's?

    I'd see about taking the insurance money and buying the car back cheap and fixing it.
     
  11. thesmokingun

    thesmokingun MajorGeek

    i doubt it, if the damage is enough for the insurance to total it, then it's probably too expensive to fix. probably a bent frame too.
     
  12. hrlow2

    hrlow2 MajorGeek

    to smokingun
    Don't bet on that.
    I used to work at a used car dealership.
    A customer backed into one of our vehicles. Only 2-3 MPH just turning around. Backed into the Passenger side front corner.Busted the headlight,side marker light and put a 7-8 inch crease in the fender.
    Since the car was more than 10 years old, they totaled it, paid us for the current value of the car.
    Several weeks later, my boss was at a salvage auction to get some vehicles to use for parts cars, and here comes our old one through. He bought it, not realizing it was the very same vehicle, until I showed him a copy of the title to compare with the VIN number.
    We got $2800 from the insurance company for the car, he gets it back as a salvage vehicle for only $400 and change.
     
  13. TimW

    TimW MajorGeeks Administrator - Jedi Malware Expert Staff Member

    Any vehicle sitting in a traffic lane at night without lights on would be liable! Cops arent exempt!
     
  14. bigtrucks

    bigtrucks MajorGeek

    I agreed TimW but it's her word against the Law Officers. And with common sense,Not saying you don't have it mind you, but you'll know that if they(law) are rear ended at their own fault they are penalized big time. Most will do what they feel they have to in order to keep from getting those marks against them. I'm not saying ALL, but most. A lot of times they figure the person can handle a ticket as it's not their lively hood at stake as it is in some cases for them(law).Unfortunately the law is grey not black and white as most would think.
    SGT. T I like the rest am glad to hear no serious injuries,but beware of the after affects that sometimes happens days later.I hope everything goes well with you and the accident. IMO I would ask the insurance company if they could check to see if the bags were removed or just didn't deploy.If they were removed then I wouldn't let the dealer off the hook, as how many others have the same situation?
     
    Last edited: Jun 24, 2009
  15. Mimsy

    Mimsy Superior Imperial Queen of the MG Games Forum

    Bah, who care about lawsuits and whose fault it was? I'm glad you're okay!!! :)
     
  16. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    I'm going to care a LOT when I go to court in two weeks!!!! ;)

    Thanks, everybody. I'm just now starting to realize how much worse it could've been, and how lucky I really am. On the other hand, I keep looking at my poor mangled car, which I have absolutely fallen in love with (I bought it two years ago, it's a 2000...you're absolutely right, Paxton007). Maybe if I'm really, really lucky I'll be able to get another one.

    What sucks is I bought it at the only place in town that would give me financing, and I can't see them doing it again. Maybe I'm just being too pessimistic, but why would they give me another car when I just wrecked this one before it's paid for?
     
  17. TeeCee

    TeeCee MajorGeek

    Oh, yeah, Mi. DMV is FUN to deal with! I do hope you keep an eye on yourself, too, in the next few days, because like bigtrucks said, some things show up days later.... Just keep an eye on things.... '

    Just out of pure curiosity, was this one of Detroit's finest ? Also, I am surprised you haven't gotten any calls from Lawyers wanting to pick up this case... and YOU got a ticket? Now, that just doesn't ring right... I do hope you fight it in court... Get yourself a lawyer, would be my best advice.;)
     
  18. bigtrucks

    bigtrucks MajorGeek

    Years ago I had Just bought my very first "New Used"vehicle only had t for a few months and another woman runs the red light. Of course I T-Bone her. There was an officer who witnessed what happened. After paramedics came because I got a bad head ache,and no I didn't hit my head,and my chest started to hurt, the officer asked me if I could step out of the truck(Blazer) so the tow guys could Unhook our vehicles I said sure. Boy when he went to open my door and I heard the crunch, scrape,and crinkling sounds,the blood just rushed out of me and I almost fainted. I didn't realize how bad it was until i seen it.Man I cried my eyes out. You'd thought I just lost my best friend.Actually I kinda did. So I can honestly say I know how you feel.
    As far as the dealer goes they don't care if you wreck it as long as the insurance pays it off and you have enough to put on another. They just made 2 sales with one person, You!

    @TC Doesn't matter at the time,Sgt rear ended and in most states you are at fault. and yes she should take it up in court.
     
  19. TeeCee

    TeeCee MajorGeek

    Hi Bigtrucks, I hear ya, but I think TimW said it earlier, they are not above the law.. they DO make mistakes, and it is up to us folks to point that out in court.. I sure do hope all goes well with her... Besides, there are many officers that would do whatever to keep from getting that black mark on their record... I still say she did nothing wrong, but the judge will be the ultimate decider.... Thanks for the note;)
     
  20. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    It is (well, technically not, as it was made in Kentucky ;)). 2000 Pontiac Grand Prix. My fourth GM vehicle. Nobody's called me, and I can't afford a lawyer. A friend is trying to set up a free consultation for me with a friend of his who has a friend who's a lawyer (I don't know how I feel about that), but I'm more than likely on my own for this one.

    Where I should be relatively OK is that I have not one violation other than promptly paid parking tickets in 22 years of driving. Nothing. I have had two accidents before, but both of them were me hitting deer on the freeway, which doesn't count. That should help a LOT.
     
  21. bigtrucks

    bigtrucks MajorGeek

    Hey Sgt. There are too many lawyers out there that work on a percentage and don't require a down payment. Try googling in your area for those type of lawyers then ween them out by checking them out in the bbb sight and Under complaints.com I think it's called. That's if this friends friends,friend, did I get that right, doesn't pan out.Just a suggestion.
     
  22. Paxton007

    Paxton007 MajorGeek

    Here in Pennsylvania, there's a general rule that if you rear end a vehicle, it's your fault. I could go park my car in the middle of the street, and should it be hit from the rear, I would not be liable for any more than a parking ticket.

    I wouldn't try to fight anything, just be respectful in court, accidents happen that's why we have insurance, you know? When I was 18-19 I hit a school bus with 42 kids on it, and didn't get a traffic citation, you should be ok.

    I forgot you owed on the car, so using insurance money to buy it back might not work, should look into gap insurance next time. It covers the difference between what the car is worth, and what you owe on it. Talk with the finance company and see if they are able to sell you another car, and roll the payments together or something.

    Incidentally, I read somewhere before that the average insurance claim on a Dodge Viper is $48,000... could have hit a worse car I suppose.
     
  23. Gensuknives

    Gensuknives Grand pooty-meister

    They totalled it on THOSE pics????? Wow. Down here in northern annex of Mexico, that would be a limo.
     
  24. Phantom

    Phantom Brigadier Britches

    Glad you're okay, S.T. Yeah, airbags are quirky things - I've heard of people hitting a curb and low speed into a sapling and they've deployed. Other cases I know of they haven't deployed in fairly major crashes. As mentioned airbags are pretty brutal when they do deploy, so I guess you're lucky there.

    Court cases can go either way easily, depending on how much justice you can afford, which aint much, from what you've said.

    Hope all goes okay for ya, anyway.
     
  25. Paxton007

    Paxton007 MajorGeek

    That just reminded me, my cousin had a car with Air Bags when they were a new thing.. I think they started as deflated basketballs inside a steering wheel..

    Anyhow she was on her way to High School and coasted into the car in front of her, not enough to scratch either vehicle, but she broke her nose on the airbag LOL.
     
  26. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    First of all, glad you were not hurt, physically at least. Pity about your car, body work has gotten outrageous.
    Sounds to me as though that sheriff is responsible. Being hit from behind isn't always 100% fault, fight it!
     
  27. TimW

    TimW MajorGeeks Administrator - Jedi Malware Expert Staff Member

    There was a case a while back, and I don't recall all the details, but someone left a piece of road machinery in the street. Someone plowed into it in the night. Don't recall if there were deaths. Bottom line is the state had their a$$es sued off! You need a lawyer! They can tell if the lights were on or off after a wreck. That would be evidence of gross neglect!
     
  28. TeeCee

    TeeCee MajorGeek

    I agree with TimW... At least talk to a lawyer... I do believe, most here in Mi. give the first consult at no charge, just to make sure you do have a case... If they can make some $$$ off of it, they will take the case....

    Good luck to ya, and please, do keep us posted... Too many "officers of the law" feel they are 'above' the law, when they are NOT... Give it a try, anyway.... ;)
     
  29. Fred_G

    Fred_G Heat packin' geek

    Glad you are ok Sgt. Tibbs. Sorry about your car. As stated, talk to a lawyer. Also, talk to your insurance agency. It is in their benefit for the officer to be even partially liable, because then the officer's insurance has to pay part of the bill.

    Is the car drivable? If it is, see if you can find a mechanic or body shop to give you an estimate on getting it roadworthy, even if it looks beat up. Drive it beat up for a year or two, and get it paid off.


    Good Luck!
     
  30. oldandconfusedagain

    oldandconfusedagain Private E-2 <i>emeritus</i>

    glad you are alright. In most states if you rear-end another vehicle it is your fault. fifty-seven car pileup; last car pays for it all (That is the one who gets the citation). if you could not stop your vehicle in time to prevent hitting the car in front of you, you did not have control of your vehicle and that is what they nail you on.I have seen that reversed in court under certain circumstances, like yours. can you do a google search for free legal aid in your area? surely there are some available to you. again, still glad you are okay.
    sure glad your car doesn't look like this one:
     

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  31. Mimsy

    Mimsy Superior Imperial Queen of the MG Games Forum

    Tibbs, while I'm really glad you're okay, and think that the car is just a thing, and you're not, I also have a thought on a law suit. Don't go on with it unless you're absolutely sure you'll win. Suing the police department and losing is a really bad thing to have to explain to your insurance company, or to anyone else for that matter.

    I think you're in the right and the deputy was in the wrong, but in a jury system, that means next to nothing... :(
     
  32. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    I'm not suing anybody, court is a command appearance. It doesn't really matter if he was sitting in the dark or if he had road flares for two miles, a neon sign, and spotlights. I hit him. And the judge I drew has a reputation for being...um...strict. He's also under investigation for sexual harassment of his clerks (they were trying to force him off the bench a couple of months ago, but it didn't work), so I'm pretty sure being female is not going to be a plus on this one either.

    I've got a couple of "free" consultations with lawyers tomorrow, so we'll see how it goes.
     
  33. TeeCee

    TeeCee MajorGeek

    Good Luck with the consults... I sure do hope you get some relief from this whole mess.. A good lawyer will be straight with ya... ;)
     
  34. bigtrucks

    bigtrucks MajorGeek

    What do you mean by "And the judge I drew" tell me you don't pick a judge's name out of a hat(so to speak)?
     
  35. TeeCee

    TeeCee MajorGeek

    BT, I believe they are assigned, and she could find out by her summons... What court, when and time, nah, I don't think she drew it out of a hat, nor had a choice. :( I doubt if she even had "pick of the litter"....:(
     
  36. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    Exactly right, TeeCee. When I got my paperwork from the jail it had the date, time, place and judge on it. I'd have been better off with a hat. :( Heck, I don't know...maybe that's how they pick 'em! All I know is there were two options, and with the other one I would've been WAY better off.
     
  37. bigtrucks

    bigtrucks MajorGeek

    Well then when you go to the lawyers ask them how hard it would be to ask for a different judge do to the fact he's under fire for sexual harassment among other things and you feel that would impede your case.Sometimes it will get set back long enough for you and/or your attorney to get your case together.
     
  38. AbbySue

    AbbySue MajorGeeks Administrator

    Hi Beth! Sorry for the late reply but I've been MIA for a couple days so just catching up.

    I am so glad that you weren't seriously hurt! It really could have been so much worse. Your Guardian Angel must have been looking out for you for sure.:) Especially when you consider the speed you were traveling and the g-force from such an impact. :eek

    Are you still feeling ok or are you feeling more sore? Often times it's the days following an accident when the full impact of any injuries makes itself known...which I'm sure you already know!

    It sucks to not have a car especially when you need it to get back and forth to work. Hopefully you'll get everything worked out as quickly as possible.

    Hugs and hang in there!
     
  39. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    Thanks, Teresa! S'ok...you actually have a life away from your computer, which is a good thing! :-D

    It's been long enough that nothing hurts any more. I didn't think 30mph was that fast, but now that you mention g-force I guess it kind of is. The insurance company assigned my claim to a guy who is supposed to be back from vacation on Monday, so it hasn't even really started yet. And they tell me it could take 30-60 days to finalize it. I told them they can't have my car until then, because until then I still have to make payments on it and I won't have it in some salvage yard somewhere while it's still mine. My driveway is good enough.

    Thank goodness it's summer, so I haven't really missed much work so far. I might be able to convince mom to drive me for the couple of big shows that are coming up (there's usually nothing out of town in summer, so they're close), but otherwise I was on unemployment anyway, so the only thing is being trapped in the house. I haven't been home this many consecutive days in a row for years, and it's killing me. But by golly my yard is looking great! LOL
     
  40. sibeer

    sibeer MajorGeek

    Glad you're not hurt seriously from that Sarge. Sometimes the slightest wreck can mess you up.
    It looks like the car was written off because of the age, not how much damage there is. For example if your car is worth $2500 and to fix it costs $2000, they will write it off because there could be hidden damage that would increase the repair cost to over the value of the car. You may be able to get a buyout from your insurance. They write the car off, give it back to you plus the $2500 more or less. Probably less. Is it still driveable? If it is, is the steering wheel still oriented correctly (doesn't look like you're turning a corner)? If these are both yes, I would take a buyout from insurance, keep the car and find someone to put used parts on it. Here in BC in some situations insurance will do this, you just need to show them you fixed the car in order to get the money. If the steering wheel is off centre, then the unibody is likely bent and you will need professional repairs that still may be less than the $2500.
    The airbags didn't deploy because you didn't hit hard enough. In some cases airbags will deploy at lower impacts, but they are designed to deploy at aroud 20MPH into an immovable object like a tree. There are two or three crash sensors and a safing sensor. the safing sensor and one crash sensor must close to enable the airbags. Looking at the damage to your car I would say you had reduced your speed before impact or the cop saw you coming and tried to move away.
    One more thing regarding the buyout. Be sure it is repairable before doing anything so you don't get stuck with a bill you can't afford.
     
  41. BoredOutOfMyMind

    BoredOutOfMyMind Picabo, ICU

    The magic number is 70% of the NADA value. The paint on the bumper is $3000 do the $1750 Total loss is easy..... If you take a salvage vehicle and repair it, the DMV will issue salvage title.

    I agree with everyone else that I am glad Beth was not hurt! ;)
     
  42. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Aside from your car do you have any idea what they are charging you with for hitting an officer? I would fight it on that premise alone, sounds as though he was negligent and a charge of endangering an officer of the law could be a bad thing!
     
  43. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    The insurance guy JUST NOW called me!! Shoot, it's only three business days after he was supposed to, why hurry? rolleyes

    If they total it, I'm going to be lucky to pay it off with what they give me, with maybe enough left over for a value menu drive-thru lunch. *sigh* If I keep it, they'll give me less than half what I owe on it, I'll still have to make payments, and I'll have to pay for the repairs myself. Also, they will only insure it with PLPD, but since I'll still be making payments I'm required to have full coverage.

    *sigh*
     
  44. joey off the street

    joey off the street Lounge Lizard No.1

    Yet again, the little guy suffers for the incompetence of others. BS. The PD should pay to fix everything. And compensate you for your trouble.
     
  45. BoredOutOfMyMind

    BoredOutOfMyMind Picabo, ICU

    Have you contacted a lawyer to find out if you have any chance of recourse?

    Is your Insurance Carrier going to represent you for subrogation? If not, you can sue them for failure of due process.

    Go for the Chicken value Meal! :-D
     
  46. Sgt. Tibbs

    Sgt. Tibbs Ultra Geek

    I actually paid a retainer to a lawyer today, so we're working on it. He gave me a discount. LOL

    My insurance company isn't doing squat for me other than telling me I'm screwed, basically. I expected better of AAA. :(

    I don't think I can afford a whole meal, I was thinking along the lines of the McDouble or perhaps two cherry pies. :-D
     
  47. BoredOutOfMyMind

    BoredOutOfMyMind Picabo, ICU

    I can forward you a free Wendys Frosty the next time they email me..... :-D
     
  48. TeeCee

    TeeCee MajorGeek

    Unbelievable! That AAA isn't getting any better, is it? I would think YOUR Ins. co. would be on YOUR side.... Good luck with the Lawyer, Sgt. Tibbs, and please, keep us posted.... I'd like to be a fly on the wall in that courtroom! Obviously, the lawyer seen something worth fighting for. YEAH! ;)
     
  49. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Hope the lawyer can help you. Insurance companies in general aren't doing squat any more. Even it being mandatory to have insurance and them receiving premiums they have become really tight with paying out.
    Think they are subbed by AIG? :confused
     
  50. silas

    silas MajorGeek

    I know from a friend and other things that insurances ain't doing squat! And If I remember that the hospitals wont even see people unless you have insurance anymore. They wont even do simple care unless you got something. Because non of the insurance will pay for things and they will be insurance.. you know the (its ur fault not ours or your screwed not us quote they have) anyways pretty bogus.
     

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