G35 Coupe V35 2003 - 07 Discussion about the 1st Generation V35 G35 Coupe

Got into an accident, Who's fault is it? **(pics)*

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Old 11-15-2003, 05:57 PM
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Got into an accident, Who's fault is it? **(pics)*

Hey Guys,
I was driving back from Infiniti Nissan day at Stillen today and all of a sudden this SC430 tries to come into my lane. I was on Wilshire which has 4 lanes and I was in the lane all the way to the right and he was to the left of me.

I honk and he goes back in his lane, I drive up to see him side by side and I see him apologizing and waving me to go ahead.

Then the idiot tries to speed up and go ahead of me, I didn't brake and just pressed on the gas not decreasing my speed at all. He comes into my lane half way and I slam on my brakes and his rear right side near his wheel hits my left front-side near my wheel.

We both get out of the car, he apologizes and says everything will be all right but he's in a hurry and has to go somewhere so he gave me his name, plate number and cell number and tries to leave, I hold him back gave him my info took down his drivers license number and I call my brother.

While my brother is driving over the guy admits that its his fault but when my brother arrives he won't admit it. I asked him if he could sign a piece of paper admitting that it's his fault and he said he can't do that and we would have to go by whatever the insurance companies says.

im sure this guy is going to lie to his insurance company therefore we're both going to have complete different stories so the insurance companies would have to go by the damage on our cars.
So if you guys can please give me some feedback and tell me if the pictures will prove that its his fault if this guy decides to lie. Thanks guys - Danny


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Old 11-15-2003, 05:59 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

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Old 11-15-2003, 05:59 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

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Old 11-15-2003, 06:01 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

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2003.5 Black w/ Willow G35 5AT
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Old 11-15-2003, 06:02 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

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2003.5 Black w/ Willow G35 5AT
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Old 11-15-2003, 06:03 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

you see nothing happen to his car, just some scratches, but my car has a pretty big dent, will that prove that he hit me because of the impact his car gave to my car??


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Old 11-15-2003, 06:07 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

It looks like the scratches on your car are consistent with you braking (the back-to-front scraping, larger at the back), and if he came into your lane without signalling his intent 200ft in advance, then it's his fault. Either way, unless you were speeding excessively to block his entrance into your lane, it'll most likely be found that he simply didn't have room and didn't check his mirror when changing lanes.

This is, of course, a cursory review of the situation... but hopefully your/his insurance company will figure out you're not an idiot. If the case came across my desk, I know what I'd find... but that's just me being logical-- not like insurance comapnies are capable of that [img]/w3timages/icons/smile.gif[/img]

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Old 11-15-2003, 06:11 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

his rear got hit... your front got hit... could be concluded that he didn't check his blind spot carefully. one thing in these type of situations, ALWAYS wait for the police. Their little police reports help a ton in situations like this.

 
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Old 11-15-2003, 06:15 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

Sorry to hear that dude. Would’ve been sweet if you could have recorded him admitting fault.

But from the damage you sustained to the front fender of your car you can argue that he’s the one that entered into your lane and caused you to hit him trying to avoid him, cause no one in their right mind would try to hit someone’s back fender on purpose.

But of course it’s your word against his and vice versa. And a case like this the only thing that will save you is a witness.

 
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Old 11-15-2003, 06:31 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

How are you supposed to get the other person to wait for the police if they say they have to go? Most of the time, if it's their fault they always try getting away before the police arrive.

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Old 11-15-2003, 06:32 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

regardless if he saw you or not it is always the other persons fault if he chooses to switch in anothers lane reardless if you let him or not. one must alway be incontrol of his car and obviously he hit you and not the other way around. of course he could always say it was you trying to switch into his lane while he was braking and you couldnt slow down enough but i think the companies will realize whos at fault. you did get a police report right? otherwise he could even say hes never seen you before. hope that helps RX



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Old 11-15-2003, 06:38 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

always write down the license plate... this happened to me before. some guy ran off cuz i had called the police. when they got there, i gave him the plates and they tracked him down.

perhaps they should've though it over before being so reckless, if they were in such a hurry that is.

as for recording or getting his signature for admitting fault, i don't think that it is admissable in a court of law. you might need a notary public for that. not completely sure on that law.

hope everything works out for you.

 
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Old 11-15-2003, 06:42 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

Hey Geo do you think that theres a way for him to lie to make it seem likes my fault even with the pictures I took because I know he's going to lie and im pretty sure he was a lawyer himself. I wanted to call the police but my brother just told me to let him go, my camera has a voice recorder but I think he noticed me trying to record him so he didn't say much.


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Old 11-15-2003, 06:55 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

damm, that sucks. I was at the stillen open house and saw your car there.

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Old 11-15-2003, 07:06 PM
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Re: Got into an accident, Who's fault is it? **(pics)*

I believe there is a basic law for situations like this that stipulates that the car to the right of the other car has right of way, similar to the rule that allows the car to the right to go first at a stop sign when both cars stop simultaneously. Since you were to the right, and he forced his way into your lane (which by itself should make him culpable), it seems clear-cut legally.

On a related note, I believe the meaning of the word "right" as it is used to describe 'a presumed entitlement' comes from this right-side-favored legal tradition, as does the phrase "right of way".

 


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