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Discussing wrecked car..... in the V6 Mustangs Forum. well i was out last night at midnight with my car...and i was hungry ...

       

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Old January 14th, 2007, 06:57 PM   #1
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wrecked car.....


well i was out last night at midnight with my car...and i was hungry so i stopped and waited for the light to change...well....a car about 300 feet behind me never even touched the brakes and slammed into me....the whole entire rear end is smashed air bags deployed....total mess...they think the frame is bent so the insurance company is going to take a look at it and decide whether or not to total it....so idk......he is also claiming i brake checked him....meanin i slammed on the brakes at the last possible second....wich is bs...b.c i was sitting at the light stopped in neutral with my foot not on the brake and i put it on right before he hit me b.c i noticed i kinda was moving backwards so this is going to court.......
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Old January 14th, 2007, 07:01 PM   #2
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He rearended you he loses
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Old January 14th, 2007, 07:03 PM   #3
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but if i intentionally brake check i lose....considered wreckless driving....but he wasnt following to close....i was just sitting there d-bag...not you...the guy who hit me...but yeah....court starts next friday at 930 i get out of school early...lol....yeah so if i brake check i lose...he wasnt following to close...there were not witnesses my story agianst his...he never even touched the brakes....
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Old January 14th, 2007, 07:06 PM   #4
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How could he prove his side of the story though...even if you did brake check him he would have to be too close to hit you
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Old January 14th, 2007, 07:08 PM   #5
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Well if there is as much damage as you say, you will win.. Because he obviously didn't make much of an effort to stop if he did that much damage to your car. So I would assume you should be fine. I hate when idiots try and turn things around on you.. Sorry to hear that
 
Old January 14th, 2007, 07:09 PM   #6
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he saying the light was green and i braked checked him.........at the intersection.....and he didnt have time to react...the only reason its going to court cause its about insurance not whos fault it is...its obviously his fault but his insurance wont cover me....b.c brake checking is insurance fraud....
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Old January 14th, 2007, 07:14 PM   #7
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Well if he had no time to react he was following to close.. The guy has no case.. Sounds to me like the guy that hit you just wasn't paying attention to the road
 
Old January 14th, 2007, 07:21 PM   #8
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My brother brake checked a guy one time who, for some reason, was trying to cut him off constantly and was driving incrredibly dangerous around him.(they were the only two cars on the road at the time) The guy avoided the check and almost ran off the road because of it, but it did get they guy away from my brothers car. He then decided to tail my brother a while and actually followed him to my brother's friends house. (my brother is retarded for not noticing) The house is on a coldasack and the guy tried to block him in so he could beat him up or kill him, but luckily my brother has a 4x4 jeep and the obvious outcome was escape for my brother and the guy standing there, humiliated with the cops called on him.

My brother, later on the phone with the cops, was told that even though his brakecheck was dangerous, in GA there is almost nothing illigal about doing it (beside being reckless) because it is the person following's resonsability to keep a safe distance back in the incedent of ANY sudden stop of the car infront of them. They also said that if he did do something 'illegal' to get the guy off he tail and from trying to mess with him on the road it should not be an issue in the event that he would go to court over an assault charge against some one like this guy in the future.

The same principals should apply to your accident. It his his fault, brake check or no. And plus, if your car is damaged like you say it is, then that is evidence right there that you did not brake check him. A brake check would not cause that level of damage.
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Old January 14th, 2007, 07:23 PM   #9
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yeah you win because the light being green you don't have to move in case traffic is blocking the intersection so even if you did brake check him his insurance has to pay because you have to have 2 witnesses to prove that someone is committing fraud. I had the same thing happen to me the first day I had my car and the lady tried to say I slammed my breaks on for no reason.
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Old January 14th, 2007, 07:28 PM   #10
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Besides you have a stang...people with nice cars dont TRY to get hit
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Old January 14th, 2007, 07:56 PM   #11
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its basically just me tho....im the only witness..the light wasnt green it was red i was waiting for it to change guy says its green and as he came up on me i slammed my break...his insurance company is going on me trying to get money....insurance fraud...like the "swoop and sweep" thing...so hes got a ticket and its his fault for not paying attention....i have an awsome neck brace on too...and my nose kills from the air bag....so...it blows....plus im not supposed to drive after nine.....i got a restricted license for my accident when i swerved to miss a dear....school/work only....so im not getting in trouble but still...this sucks
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Old January 14th, 2007, 08:06 PM   #12
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man that blows, sorry to hear that. i like texas's law, if there is an accident, whether it be 2 car or a 14 car pileup. the person in back is at fault. if yall were both moving then your car wouldnt be as messed up as you say it is. and also the whole thing about him being to close. 2 second rule. i think your going to win. just keep your story straight. also what kind of car was he driving. if it was a pos i bet he ran into you for insurance purposes. because if i had a supercharged car, no way in hell i would purposely do something like that. at court tell them you have spent seemingly endless hours of work on your car, and its your baby. you would never do anything to hurt it. especially since you wont get what you put into it. i hope it goes well. if the insurance tries to rip you off, take off everything you modded on it.
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Old January 14th, 2007, 08:12 PM   #13
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i think its totalled anyways....the frame is most likely bent...its 99 oldsmobile bravada.........if it is totaled im going to buy it back for like 200 and rip the engine apart...take my internals out s/c, tune, the exhaust is fucked....the x-pipe might be ok idk.....injectors fuel pump shit like that.....so i hope i dont need a new tuner for a new car...that suck...if its totaled it better be worth more than i bought it for...bought it for 5,600...hopefully i get like 7 or 8k lmao
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Old January 14th, 2007, 08:16 PM   #14
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how much did you put into it though? i doubt your going to get what you want though
if not take it to court
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Old January 14th, 2007, 08:20 PM   #15
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about 6k into the engine and exhaust.....the car i bought for 5.6k
lol....i had a 99 cougar got totaled....bought it for 6.2k....got 8k out of it
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Old January 14th, 2007, 08:31 PM   #16
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You didn't get a police report?
 
Old January 14th, 2007, 08:32 PM   #17
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of course i did....i didnt get in trouble he did...but its all about insurance...not about whos fault....
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Old January 14th, 2007, 08:55 PM   #18
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OH man, best friend had almost same thing happen. FYI you win the case based on the evidence. If they see the frame is that bent be logical.

Alright both goin at 60, you slam on your brakes, he is a "SAFE" distance behind you and slams on his brakes... the damage is bad but not nearly as bad as what actually happened...

You stopped, he hits you at full speed.

See the logic?

Same logic the judge applied.
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Old January 14th, 2007, 08:59 PM   #19
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He got a ticket you will win
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Old January 15th, 2007, 12:42 AM   #20
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airbags wont deploy unless 1 of 2 conditions are met A) your car experiences a sudden stop which is impossible with a rear ender if you jammed ur breaks on cuz u will be in a roll still or B) your hit while in a stopped position. you will win hands down if your air bags went off obviously u were hit at a stopped position.
 
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