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Old Nov 27, 2008 | 01:47 AM
  #1  
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Default Look what happened..

..okay, on monday my 07 FM just got into an accident
so heres the scoop. i was on highway 78 going east from my school
it was around 4:40pm - 4:45pm and it was rush hour
my lane, 2 lanes from the median, was going about 65mph, 2 car lengths from the car in front of me
the right lane was slowing down a bit when this 99 yellow ford escort on my right side decided to cut me off
right when she completly got into my lane she SMASHED on her brakes
as i saw her brake lights i smashed on mine, but still moving forward
i pull my ebrake trying to swerve towards the left hand side, but clipped her left back bumper
her car just had my paint scrapes on her corner back bumper, and mine was:




it was me and my girlfriend in my car, no one was in her car, and no injuries
the only witness is my girlfriend

cali law states that im at fault
but what do you think?

*mods or admins please move this post, i wasnt really paying attention to where i was posting..
Old Nov 27, 2008 | 01:54 AM
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just take it to court, if they have no witnesses, it is pretty much your word against theres. also, california has contributory negligence, which means they can determine how much of the damage each party is responsible for.

and for the record, don't ever pull up your e-brake when driving. the whole reason why your car has anti-lock brakes and electronic brake force distribution is so that you can slam on the brakes and still manuever the car to avoid a collision. yanking the e-brake essentually disrupts this as it just locks up the rear wheels and makes it harder to handle the car.
Old Nov 27, 2008 | 03:17 AM
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You are at fault...unfortunately. When you get the report it'll state that you were following too closely and didn't allow enough room to properly brake.

Sorry about the car!
Old Nov 27, 2008 | 04:30 AM
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you can still fight it, unsafe lane changes and illegally stopping on a roadway.

it is called a swoop and squat or something like that. just take it to court.
Old Nov 27, 2008 | 05:13 AM
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ya definitly take it to court, sorry to hear about your car, doesnt look to bad though
Old Nov 27, 2008 | 05:46 AM
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Originally Posted by draxcaliber
you can still fight it, unsafe lane changes and illegally stopping on a roadway.

it is called a swoop and squat or something like that. just take it to court.
yep

Ask your insurance company to help some insurance companies will investigate into it if they suspect insurance fraud. Sounds to me like there was nothing you could have really done to prevent it from happening. I would fight it.
Old Nov 27, 2008 | 11:44 AM
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I have a passenger side headlight for a 2007 DIRT CHEAP in pretty damn good condition. $40 plus shipping. Let me know if I can help you.

I posted a for sale ad with it in classifieds, exterior.
Old Nov 27, 2008 | 10:08 PM
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time to upgrade to some real 08 projector lights
Old Nov 27, 2008 | 11:26 PM
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Originally Posted by Chrisb319
Originally Posted by draxcaliber
you can still fight it, unsafe lane changes and illegally stopping on a roadway.

it is called a swoop and squat or something like that. just take it to court.
yep

Ask your insurance company to help some insurance companies will investigate into it if they suspect insurance fraud. Sounds to me like there was nothing you could have really done to prevent it from happening. I would fight it.
Don't just ask.. Demand that the other driver is investigated as to how many times he/she has been rear-ended... might show a pattern....
Old Nov 27, 2008 | 11:27 PM
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were you going too fast? looks like you knew she was gonna cut you off and you had a chance to hit the breaks before she did
Old Nov 27, 2008 | 11:42 PM
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i would try and fight it. if you feel as if you did all you could to prevent it then i think you should still fight it.
Old Nov 28, 2008 | 12:47 AM
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yeah cali law strict on it, i just went to the dealrship and got a new oem bumper...it all depends, did that lady get your insurance? or is it out of court settlement?
Old Nov 28, 2008 | 03:58 PM
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Originally Posted by integr97
time to upgrade to some real 08 projector lights
yeah i know what you mean
im in the process of looking for a pair of 08 projectors, but havent found any good prices
ideas?

Originally Posted by jBoRiCuA
were you going too fast? looks like you knew she was gonna cut you off and you had a chance to hit the breaks before she did
it was traffic and my lane was going 65mph
the right lane was slowing down, then she cut me off without signaling nor looking through her mirrors

Originally Posted by Bkocher
..did that lady get your insurance? or is it out of court settlement?
yeah we exchanged all info and we both have AAA



..im going to try and take it to court but i need to get it inspected by my insurance before anything else
Old Nov 29, 2008 | 02:53 PM
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Something similar happened to me last winter. A lady in front of me pulled off into the turn lane and I began to slow down for the red light. She then cut back into my lane and I couldn't stop in time nor avoid her. I had $2k in damages (bumper, fender, and headlight) and she had a dented bumper cover.

A week later I got a letter in the mail from the police dept. saying I was following too closely and driving too fast for conditions (starting to snow). I got a 130 dollar ticket and she got off with nothing. Basically if you rear end someone its your fault no matter what, atleast thats what they think in WI.
Old Nov 29, 2008 | 04:52 PM
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That's how it is in most states I would imagine, but what happened to the op is rediculous. I would fight it with every ounce of energy I have.
Old Nov 29, 2008 | 05:10 PM
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I say fight it. But unfortunately the same law goes for CA as well, if you rear end someone you're at fault.
Old Nov 29, 2008 | 07:03 PM
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man, sorry for the car, glad you're okay tho. i bet judges and insurance companies will pretty much determine who's fault it is depending on where the damage is... in this case, i think it is a bit hard to fight it. let us know how it all goes.

for your headlights, i some body shops will just buff it for you when ur fixing ur bumper. it's no big deal.
Old Nov 29, 2008 | 07:26 PM
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His projector looks like it got knocked out of the housing.
Old Nov 29, 2008 | 07:42 PM
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Originally Posted by FLEA
His projector looks like it got knocked out of the housing.
oh damn, i see it now...
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