hey guys please, if u could, finish reading. thanks.

i got into a big accident last night.

my car is still drivable, (right and laft fender smashed, front right 18" rim f'ed up, front bumper damage) but the other car that was involved in the accident is totalled. i was driving on a 2 lane express way, i was on the left (fast lane) and there was a new V6 4 door accord on the right lane. i need to make a lane change because i needed to exit and there was a car driving in low speed. i kinda sped up just a lil bit to get in front of the accord (the accord was lil more back). as soon as i started to creep in into the right lane, the accord speeds up, not trying to let me into the lane. i braked really hard, the accord tried to speed up and swerve out, but fails. hits my car, spins out. it crashes into alot of things before coming into a halt. i was glad the driver was fine, even tho her new accord was totalled.

now, here is the thing. after the police officers did their accident report thing, i got a ticket for unsafe lane change. i told her cops that she accerated, not trying to let me in. they said its their lane, they can do whatever they want (speed up, slow down, stop, whatever) is there a way i can argue this?

also, i just found out my insurance was expired a month ago. insurance is under my mom's name, i didnt know it was expired until the accident. if my insurance was current, i know that all i need to do is make my insurance company handle it. but what now? how am i going to handle this accident? my G35? should i get insurance today, now? or is insurance not worth getting right now because this accident wont be covered?

i need some advise. please, if you have any info that can help me, that would be great. thanks for reading this far.

 

Well if you get insurance today, its not gonna cover the accident from yesterday.
If it comes out to be your fault, your gonna have to pay for that brand new Accord that you totaled, which in unfortunately a bummer. I would seek a lawyer and get this straightened out. It seems like this is going to be a tough ne for everyone involved. I would push for a 50/50 at fault, and then each insurance company covers their own vehicle, in which then the accord would be covered by the other party's insurance, and whatever damage is done to your G, would be coming out of your own pocket. Its better than coming up with both vehicles damage $$$ out of your own pocket.



Stillen Stage 2 Supercharger, Stillen Front Bumper, Stillen Carbon Fiber Hood, Injen SES Cat-back Exhaust, Injen Cold Air Intake, 19" Axis Hiro Anthracite, Clear Corners

 

this looks like a job for your lawyer....if you have one. GoodLuck dude

Angelo

 

That doesn't sound good.
Get yourself a good lawyer and explain your situation. First you want him to prove it wasn't your fault (if he can), or at least a shared liability. You will need witnesses to verify your account of the accident.
If, and when he can do that, then the claims, or one of them, would be on her insurance, not out of your pocket.

Could be a very tough lesson for you. I wish you luck.
C.

<font color=red>GSM</font color=red>
<font color=red>GSM</font color=red>
<font color=black>Silverstone Coupe</font color=black>

 

i agree with everyone else.....you really need a lawyer. no way of getting around this one. you will be paying up a lot of money. hopefully, the other driver has uninsured motorist coverage and you will only have to pay what the insurance won't cover -- that is, that's if she wants to go through her insurance. by law, she doesn't have to go through her insurance and can sue you directly for damages. of course, you will have to pay for the damage on your own car.

but i feel for you dude. tough luck : ( i just don't understand how so many ppl only realize that their insurance ran out after they get into an accident. it seems like a recurring story here on these forums. makes me extra careful in checking i always have coverage!!!!

 

Hey bro,

Sux what happened to ya. Now it's fix-it time.

First of all, reinstate your insurance policy if possible. There's two things that probably happened with your insurance. It was unpaid and canceled. Or it was at the end of it's term. You should be able to reinstate the cancellation (hefty payment) or renew the expired insurance and say it was lost in the mail. BS your way through it. Raise hell. Otherwise, you'll be living through it. Tell them that there should not be a gap in coverage also. Call and probe your insurance agency. There's a grace period for these kinds of things (cancellation due ot non-payment and policy renewals)

The 50/50 is a tough one. Usually, insurance companies will only do if both cars are insured through them and it turns out to be a he said she said situation. In your situation, this doesn't seem to be the case.

Bro, it looks grim. It doesn't take a lawyer to figure that out. If you get a lawyer, don't go for some joker. Get referred to one from people that have come out of similar if not worse situations.



| 2004 G35 Coupe 6MT | Diamond Graphite/Graphite | Premium Pkg | Aero Pkg | Navigation | SKYLINE+GT350 emblems | Clear Corners | 35% & 50% Tints |

 

damn young,

sorry to hear about your accident.

i wish i could offer any advice that may help you, but sounds like everyone already has.

at least everyone was okay. if you need anything from your fellow Golden Gate G35 members, you know how to get in touch with us.

Vinh

Golden Gate G35 Club

 

If you were in NY, they would have taken your car and license away for driving without Insurance. You didnt just screw yourself, you just ruined your moms record also. You are lucky you didnt kill the perosn in the honda, Mom may have lost everyting. You need a real good lawyer ASAP. Good Luck!


NY G SQUAD<font color=red>&lt;---Official Website

 

<font color=green>New Honda = $23,000
Fix G = $10,000
Lawyer = $$$$
Honda ladies lawyer sues you $$$$$$$$$$$$$$$

Even though she may not have been hurt at the scene you can be sure when she speaks to her lawyer, her back will be aching. God Bless America...


NY G SQUAD<font color=red>&lt;---Official Website

 

as JKDman said i would first approach your mom's insurance company. see if you can reinstate it immediately. if there was a grace period and somehow you are still insured even better. if this fails, seek legal action immediately. if this car is under your mother's name she will definitely have to get involved as she is just as liable for this as you (insurance follows the car not the driver). good luck. i hope it all works out.

 

Yeah sorry to hear what happened. Living in LA for a while has changed my driving habbits. Not that it makes any difference now, but if I were in your situation, and I pulled ahead and knew there was enough room, I wouldn't have crept into the lane. In fact, I wouldn't even signal. I'd just pull right into the rane. I've found that 99% of the time, people would accelerate if my blinker came on, or if you tried to creep into the lane. I do use my signals in all other situations tho... If its really really tight, I'll just miss my exit and deal with it.

There is even a joke, that we call the california maneuver. You pretend to not see them, and drive onto the dotted line, than pull back suddenly as if you caught yourself. 99% of the time, the person in the next lane will slam on their brakes, and you will now have plenty of room to change lanes. I've never pulled one of these stunts, but I have heard about it many times...

 

sorry to hear about this happening young..

the only advice i can give you is what was already posted: try to reinstate your insurance someway, somehow.. no matter what it takes.. you really don't want to be paying out of pocket in this situation..

on the assesment of who's at fault, i think having a lawyer is the only way you can go.. but honestly, if the police officers cited you at the scene of the accident, you most likely will be at fault.. i got into an accident before and the other driver was cited at the scene.. i asked my insurance company if i needed to prove that it wasn't my fault, but they already established that it was completely her fault based upon the police report and the fact that the other driver was cited.. i would try to get a copy of the police report if i were you..

good luck man.. this is a tough one.. like vinh said, if you need anything from the bay area G35 drivers, let us know..

David
04 Ivory Pearl G35C 5AT Premium 18"
Z-Tube/Popcharger, Pioneer AVIC-N1

 

There is 0% chance of reinstating insurance after an accident. Someone mentioned uninsured motorist, this will possibly pay for any injuries, but does not stop honda lady from suing (and she will). The honda ladies insurance policy will only repair her car if she carries physical damage coverage. Lets all stop speculating on insurance as unless you read the individuals policy, there is no way to know the coverage.


NY G SQUAD<font color=red>&lt;---Official Website

 

There is a LOT of misinformation being thrown around in here.

First off, The officer is mostly right. She has control of the lane, it is your duty to make sure it is safe to make the lane change. Ultimately, you can still slow down. And actually, you should have been in the right lane soon enough so that you don't put yourself into a situation where you have to make such a sudden lane change. If it can't be done safely, continue on and get off on the next exit. When you are presented with the choice of making a potentially unsafe manuever and missing an exit, the choice should be clear if you have any common sense. That aside, there can be partial blame on the other party. But proving it is another thing altogether. Unless someone can prove her intent not to let you in her lane (which would be pretty difficult) you have an extremely weak argument.

As far as the insurance, talk to your agent. Be open and honest. Submit a claim and try to make the payment on the premium as soon as possible. If it's within the grace period and the insurer would have insured you even with the late payment, they may afford coverage. At this point you have nothing to lose by doing so. And different companies have different grace periods and reinstatement policies.

As far as getting an attorney, it is YOUR choice. You have to decide what is best for you. Attorneys are not Gods or miracle workers. They are people like anyone else. They have legal knowledge, but that doesn't mean you can't do the research yourself either. Keep in mind that defense attorneys charge by the hour, unlike plaintiff attorneys who only get paid if they receive a settlement or award. Whether or not it is in your best interest is up to your individual circumstances. Not that it's necessarily a bad idea to get an attorney, but make sure you need one and want one. They are expensive.

As far as 50/50 liability, it actually depends on the state's liability laws. In a comparative state, if 50% liability is found on both parties, each party pays 50% of the other person's damages. And it would be difficult to obtain 50% on a case like this.

Chances are if the other person has insurance, they will settle up with her and then pursue you and your mother for the damages. In most cases they can work out a payment schedule. They would rather get a little money at a time than no money at all. As far as her suing you, if she has coverage, chances are she won't unless she has out of pocket expenses. Why go through the hassle if her insurance company will do it for her. If she is injured and she has Uninsured Motorists coverage, she will likely go through them. If not, then she can pursue you directly, but many attorneys may not want the case. Too much trouble without any guarantees that they will actually receive the money even if they win. Or if they do, it might come in payments. Going to trial is expensive. Most attorneys settle directly with the insurance, take their 30% and call it a day. A small percentage of cases actually get litigated and of those many settle before a decision is rendered. Sometimes just before the verdict is read.

And yes, insurance follows the vehicle first, but liability laws do not care if there is insurance or not. Liability laws allow a person to sue the driver and the registered owner(s) of the vehicle that was responsible for the accident.

Do not consider what I say legal advice or any guarantee of outcome. It is just observations I have made from working auto insurance claims for more than 6 years. Keep in mind my knowledge and experience is mostly based on California Law as well. Some concepts remain the same nationwide but the state laws can have an effect on some of what I've said.

 

Great information. I think this guy's from California so I'm sure your input will help him out a lot.