G35 Sedan V35 2003-06 Discussion about the 1st Generation V35 G35 Sedan

accident, need advise/ help

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Old Aug 21, 2004 | 03:07 PM
  #1  
xkoraznboix's Avatar
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accident, need advise/ help

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

i got into a big accident last night.

my car is still drivable, 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.


 
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Old Aug 21, 2004 | 06:21 PM
  #2  
Desert_Fox's Avatar
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From: Whitestone, NY
Re: accident, need advise/ help

Don't waste time for help here........get yourself a lawyer. No insurance and the "cause" of the accident you'll need one!

 
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Old Aug 21, 2004 | 07:01 PM
  #3  
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Re: accident, need advise/ help

xkoraznboix,

If I were you, I would talk to your insurance agent and a lawyer soon. The fact that your insurance was expired is important. Did the insurance expire because you reached the end of the coverage period, usually a 6 month period, and you (or your mother) failed to pay for the upcoming period? You may have a grace period before the insurance is cancelled. You may know the answer to my question but your post doesn't tell me much about the circumstances of your "expired" coverage.

The police are right. You must yield to the traffic in the lane you want to enter. A far better move would have been to slow till you could move into the lane behind the Accord and any other cars that were in the lane. It's always better to merge defensively, yielding to the traffic even if it's driving erratically. Sometimes, you just miss your exit.

If you want to keep driving, you're going to need insurance. New coverage, however, won't do anything for the accident you've had.

Finally, another good reason to get a lawyer is because if sounds like the accident was very violent. (The Accord was totaled.) There's a possibility the other driver may claim injuries.

Good luck!

Cale

04 G35X
 
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Old Aug 21, 2004 | 09:18 PM
  #4  
imagman's Avatar
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From: Phoenix, AZ
Re: accident, need advise/ help

If your lcuky you will have a grace period like Cale had mentioned....but if the grace period is expired, you will have many more problems and fines to deal with, not to mention you could be sued in a big way...time to get a lawyer.

Tony B. [img]/w3timages/icons/smile.gif[/img][img]/w3timages/icons/tongue.gif[/img]
2003.5 G35 Caribbean Blue Sedan


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Old Aug 22, 2004 | 02:21 PM
  #5  
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Re: accident, need advise/ help

Agreed. If your insurance just expired two or three days after the accident, I think you're still covered. Wish you luck and please drive safely.

 
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Old Aug 22, 2004 | 10:04 PM
  #6  
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Re: accident, need advise/ help

Insurance companies I've dealt with have been very good about sending notices of cancellation for non-payment of the premium. These notices always specify the precise date and time that coverage will expire, and they usually provide for some type of grace period.

1. Find out for certain if your coverage was in effect at the time of the accident. This is a yes-no answer which you should be able to get from your agent or from the company directly. (I wouldn't mention the accident at the outset, though - just ask the question.)

2. If your coverage had expired, I don't understand why you weren't cited by the police, since they should have demanded proof of coverage at the scene (and so should the other driver.)

3. No matter what else, I agree that getting a lawyer is a good idea.

 
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Old Aug 23, 2004 | 07:36 AM
  #7  
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Re: accident, need advise/ help

Get a lawyer you can fight that ticket, from what you told me the accident wasn't your fault. Of course the Accord driver will say you cut in front of him. He was the one being the A-hole by speeding up when seeing you were trying to get over. As far as the insurance goes, I am not sure, I think their will be two seperate tickets one for the accident (which you SHOULD fight) and one for the lack of the insurance. Unfortunately any insurance you get after the accident occured won't cover your car.

 
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Old Aug 23, 2004 | 11:37 AM
  #8  
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From: Seattle
Re: accident, need advise/ help

Xkoraznboix,

I don't think WdnUlik2no's assessment of your accident is right. The courts that uphold traffic laws have very specific interpretations about how driver's are expected to behave when changing lanes and braking on a highway. The driver that is changing lanes is expected to yield to cars before changing. The way you used your brakes is also important. Quoting from Washington State's drivers guide, "You must check behind your vehicle whenever you slow down. This is very important when you slow down quickly or at points where a following driver would not expect you to slow down, such as driveways or parking spaces." I think most courts would conclude that the Accord driver would not expect you to "brake(d) really hard" while making a lane change. The fact that the Accord, in your own words, "swerved out" would seem to reinforce the idea that the Accord driver wasn't expecting the hard braking.

Xkoraznboix, if you are reading this, may I make one more suggestion? DO NOT MAKE ANY MORE POSTS ABOUT ACCIDENTS YOU HAVE BEEN INVOLVED IN ON ANY INTERNET FORUM. If you are asked to make a deposition regarding this accident, the deposing lawyer will ask you about your internet activities. You will be asked if you have any pseudonyms. Having a pseudonym (your online name) does not protect you from being identified regarding this accident and your posts being used as evidence in any legal proceeding. Don't even think about lying during a deposition. Perjury is a very serious offense and could land you in more trouble than the accident did in the first place.

Seeking advice on forums like this one will give you as much misinformation as help. But I think we are all in agreement on one thing, you need a lawyer and a good one.

04 G35X
 
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Old Aug 23, 2004 | 12:35 PM
  #9  
BrianV's Avatar
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From: Austin, TX
Re: accident, need advise/ help

Man it sounds like you're screwed.

Don't let other people handle your insurance. However, your mom probably bought you your car as well and you;'ve been taken care of. Thus, it's her problem now.

Get an attorney and be prepared to dish out cash. Hopefully for yourself your under 18 so your parents take the fall. Hopefully for your parents, your over 18 so your parents don't get sued. Either way, someone is going to get screwed.

Accidents can have huge settlements. And other insurance companies won't bargain as much on the settlements. This could come to be a 100K+ disaster after injuries are filed. Hope you don't own a home.

04 6MT Sedan - Z Tube, K&N Drop-In, 04 Z Suspension
 
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