My Nightmare Is Now a Reality

[Poolshark1321]

:waah: and :cursing: and :banghead:

All at the exact same time...

Sooo despite my amazing driving record it happened... and damn did it happen fast. The Goat just got wrecked and I am freaking out... cause I havent had the car but about 4 months. I am almost 90% sure it wasnt my fault... but theres still questions in the back of my mind... but I guess thats how it is. I keep sitting here running it through my head over and over trying to understand what happened.I was right near where the car show/meet goes down every friday at homedepot at 518 and Dixie Farm road.

It was about 11:50... and I was just cruising MMOB... wasnt speeding cause it was wet. I went through Broadway Light (518) and I am on Dixie farm road. Keep in mind this whole ordeal happened in a matter of maybe 10-15 sec... from when I started my lane change to when I was in the median checking for oncoming traffic and then bammm.

I was slowing down and had just made my turn from the left lane into the middle area where there was a gap in the median to make turns or U turns. It was a legal U Turn... and I didnt see anyone in my blindspot and there werent any cars coming up from behind in that lane (or so I thought). I was making my turn from the left lane into the turn area and was almost at a 90 degree angle to dixie farm rd. I looked over my right shoulder to check to make sure I was good to complete my U turn and that there wasnt any oncoming traffic. Right when I was about to hit the gas a little and complete the turn I was hit... hard and didnt even see it coming. After I was hit I was facing the opposite way I was originally traveling on Dixie Farm Rd... basically I got a nice little nudge to finish my U turn. I sit here thinking about it over and over and dont understand where this lady came from.

I didnt have anyone behind me when I had checked my mirrors prior to starting my turn. I had just gone through the intersection and it was green when I went through. I honeslty think the chic came through the interesection a few seconds after I did and was hauling ass to run the yellow light and just wasnt paying attention then hit me. Somehow she didnt see my car, the tail lights, nothing... somehow she hit me just barely in corner of the car. I dont see how she didnt take evasive action to miss the back end of the car... I sit here wondering if she was texting on the phone and looked up and it was too late. Or maybe she just wasnt paying attention and then hit me. Maybe she glanced over and looked at something else instead of looking straight ahead and then hit me when she looked back.

I am going back tomorrow to take pictures at the scene of the accident and look for skid marks... etc etc something to tell the tale. What makes it better is... shes acting like she didnt know what happened either as if she didnt see anything despite her being the one that hit me from behind... she was behind me therefore I figured she would of saw the whole thing go down. Yet shes asking me questions about what happened and I am clueless as to what happened after I was making my turn... I was making the turn checked for oncoming traffic in the otherlane and then bamm.... not a plit second later I was spun around. Thats it... thats all I know, I didnt see her in my mirrors a few secs before I started my turn... yet somehow she was there a few seconds later when I am at a near stand still in the turn area.

She must of been coming pretty fast through that intersection and just came up on me real fast. We were talking in texts after the wreck... after I got home. She was confirming my number and checking to make sure I was ok and everything. I told her yes I am fine, asked if she was ok and let her know that I was going to talk to State Farm tomorrow and see what the deal was. She responded that she is going to do the same and that she is ok... She then asks me what Lane I was in. I decided that I shouldnt be answering questions like that... and we need to just talk to the insurance company. Why would she be asking me what lane I was in??? Why is she trying to piece the events together and figure out a story??? Unless she wasnt paying attention and doesnt really know what happened? Did she really just come hauling ass through that intersection, not see me and just hit me?

I just find it odd shes asking me what happened after you hit me in the rear. I dont have eyes in the back of my head watching the collision, I am driving looking forward where she should have been. Dont mean to point the finger too much and I know I am just really pissed off but I dont see how this could be my fault despite what she thinks. While we are exchanging insurance information she makes a comment "I just recently got in a wreck but atleast this one isnt my fault" I am a very nice guy and didnt want to start cussing her out so I just kept my mouth shut and let it go. I had to help her copy down my insurance information because she didnt even know what she was supposed to be copying. Had to point out my name, address, license plate, policy number, phone number. For someone that just got in a wreck soon before this one... you would think they would know what kind of information is needed after a wreck. I also wonder if she was drunk... I screwed up though and said it was ok for her to go after we exchanged information because her car was drivable and I didnt think the GTO was until further inspection.

Heres some pics I took after limping my way home... I had to put my spare on because the full size tire was rubbing too much on the bent plastic pieces. I would also appreciate it if someone could recommend a good quality body and paint shop around the League City or south of Houston Area. Also I am trying to figure out what the name of that texas salvage yard is that has a ton of GTO's. I have Cleveland Pick a Part bookmarked already.

I am really freaking out... I am sad cause I love this car so much but at the same time I am super super angry because this car means everything to me. I keep telling myself damnit Josh you should of just gone home... should of gone home, should of never been out on the road at all. Despite that theres nothing I can do... and I will just have to work on moving forward.

Let me know what you guys think about the wreck... if you think its totaled... just tell me straight up. Dont need to beat around the bush... I know these cars total easily when wrecked cause of how expensive it is to fix them. These were pics I took after getting home and it was dark... I will get better pics tomorrow in the light. The bumper is toast... trunk is toast, bent the drivers side exhaust pipe in a little bit. Back left drivers side panel above the rear wheel well is dented good. Passengers side seems to be all fine except the bumper obviously...

http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/100_0549.jpg

http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/100_0552.jpg

http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/100_0551.jpg

http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/100_0550.jpg



http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/100_0553.jpg


This is the passengers side to show how the bumper got pushed out on the opposite side of impact.
http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/100_0556.jpg



In the end I am thankful that I am ok and so was the other driver (young girl around 20 or so in a ford escape or some other ford small SUV)

[vv8]

damn hate to see this, glad your ok

[U2SLOW4ME]

So was she driving down the center turn only lane?

[GeneralPatton]

Did you not call the cops??

If you didn't call the cops on the spot and file a police report right then and there, I think you will both be faulted for your own cars... At least that is how it is in NY.

Considering no officers would be on the scene to inspect the crash and make the decision, you'd be SOL. (It is the officers who decide the fault .. not the people who were in the accident).

Before I started driving some 5 years ago, my dad continually told me if I ever got into an accident, to stay right there and call the police. When I got hit 3-4 years ago, I did just that and Thank God I did. We exchanged info and the guy left, but it was the officers then and there that decided he was at fault after hearing my story (He drove in reverse and up my car). The insurance company then needed the police report to ensure that it was indeed the other persons fault, and they got in contact with their insurance and I was fully covered.

Sorry to hear about your accident, but if you really didn't call the police, I wouldn't doubt it if you are SOL and have to file a claim (Which means your rates go up (Unless you have Accident Forgiveness), and you pay the deductible..)

Also, your story was kinda confusing. Too many words to really get a picture of what was going on.
http://i48.photobucket.com/albums/f247/ASNYPatton/crash.jpg

Theres my 5 second drawing. You are saying you merged into the middle turning lane, stopped to make a U-Turn and then she for whatever reason also was in the turning lane and hit you while you were stopped in said lane? If so... That's her fault.

[BillsMafia]

^^ See the thing is thats what I thought was needed when I got hit here in Texas. I had been living in Houston for 2 weeks after leaving Buffalo, NY, and that was the procedure there was to call the cops, than wait for them to arrive. I did the same thing here in tx, call the cops, exchanged info, and all the others. She than took off after giving me the info. A Harris County Sheriff shows up, asks if I got her insurance info, and than said have a good day to me. According to the cop they don't do write ups on the side of the road unless there is serious injury. My mistake in that situation was I allowed her to write down here insurance info becuase the info was correct, but it was not valid insurance anymore. She didn't re-new her insurance so I got smurfed from behind in that situation.

To the OP that sucks. The chick that hit me from behind was playing with her kid and didn't see I was stoped at the red light. I probably should have dropped down into 2 gear and flew through instead of stopping while it was turning red. If I were you I would stop by your local police station to get a report. I work with a couple cops and thats what they told me I should have done. Walk in, and tell them you need a accident report.

[GeneralPatton]

^^ Listen to this guy :D

[U2SLOW4ME]

Your insurance company can tell if she has insurance through another provider. If not then there is nothing the P.D. can do. If they were called to the scene then they could have written her a citation or towed the car for no insurance. They can't file any chargers on her since she did stop and give you correct information, even though it was expired. In Texas the Crash Report is only an opinion of the Officer as to what happened. Therefore it will be tough to get an Officer to do an accident report after the fact. The way we do it is if both cars are drivable then there is no accident report done. If you come up a day or two later we can't do an accident report then either. We have to be able to see the damage from both vehicle and where they were in relation to the roadway.

[Poolshark1321]

We both have State Farm auto insurance and after making the claim I was told I would be contacted for further details this monday...

I am working on filling out a CR-2 Accident report for the state... and just hoping for the best. If she gets a lawyer I will get one as well... I know a good one with fair payment plans that my friend had to use recently in a wreck with an off duty police officer that tried to screw him over. Luckily my friends father is an ex cop so he knew what the deal was and got everything worked out... they won in court.

[Poolshark1321]

Just posted up about 30 more various pics of the car after the wreck. It seems to me that my drivers side exhaust pipe was bent toward the passenger side pretty good. There is a huge crease in the pipe right behind the muffler. Also looks like some of the welds above the passenger side tail light has broken a little.

All and all it looks like... drivers side quarter panel, bumper and bumper cover, various plastic pieces underneath and around the wheel well, lower valence, whole trunk area, exhaust, driver side tail light, trunk carpet cause it got all wet, trunk lid itself... the spoiler looks fine though.

Basically everything in the rear is going to be replaced except the passenger side tail light and the passenger side quarter panel... So basically everything is pretty screwed up. I imagine its going to take a month at the best... and they will have to take everything off the rear end right down to the frame and put it all back on. I am contemplating if I might be able to pitch in a little extra money and have them put a Corsa Sport exhaust on instead of a stock one. That and if theres any suspension parts like bushings, spring or shocks that need to be replaced... I wonder if I could get them to put pedders stuff or other aftermarket parts that I order. The body and paint shop specializes in doing higher end cars and I know the sons owner. They just recenetly fixed an 05 gto that had lost it on the higway and screwed up both sides of the car really bad. So they have recent experience with this type of car and I bet they would be pretty flexible as to how and what I want to be put back in when its fixed.

One of my questions is where do they get all the parts to replace this stuff??? Is it new sheet metal and new parts or do they just go out and find it off a salvage GTO. I dont really have a problem with them using salvage pieces from other GTO's... Cleveland Pick a Part has a wide variety and seem to have everything my car would need. I am wondering if its worth have the insurance company cut me a check like normal... then picking up most of the parts at Cleveland Pick a Part or the other salvage yard thats closer in texas. Then having those pieces shipped to my friends body and paint shop so they can put it all together. I would think Ide have extra money left over at that point if I did it that way. Although somehow that doesnt seem legal and I am skeptical about how it would look after being fixed. Quality wise... and visually I want it to look like new obviously... or like it was before the wreck.

[Poolshark1321]

Here is a direct link to my GTO Wreck album on photobucket.com...

http://s482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/

[BillsMafia]

Any word from the insurance company? Sucks to see those pic's...

[schufflerbot]

damn, sorry to read this... doesnt look totalled to me, judging solely on the pics you posted here.

[BillsMafia]

It was hard for me to hold my cool when the lady hit me, and I have just little marks on my back bumper. If I would have got damage like you I would have been in :bat: mode..

[Poolshark1321]

Just talked to insurance company... they are working on getting me a rental and are doing their investigation with both parties. They are going out to the scene to look for skid marks and try to picture what happened. Basically she said that if they cant prove either side that both will end up paying out.

I think I might get them to replace the stock exhaust thats screwed up now with corsa sport if its possible. Not sure on it though... I just figured if they are going to spend xxx.xx amount of dollars on a stock replacement I would pay the extra and just have them put in something I will be getting anyways later on.

[Poolshark1321]

I am basically sitting here crossing my fingers hoping I am not found at fault for this BS....

Its nerve racking stepping outside to look at the GOAT.... still sounds mean when you start it though!

[Poolshark1321]

Picked up my slow ass rental today.... bright ass fire engine red HHR. Didnt really bother me at first until I started driving it... handles and rides like **** lol.

[twank06]

suxs to hear man! been there b4! but i didnt keep my cool! the old lady that hit me called her husbands and sons to come where the accident fast becuase she thought i was gonna kill her!!! nothin happened! good luck with it tho! pics of the girl? :)

[Poolshark1321]

LoL no pics of the girl that hit me... wasnt interested at the time.
The estimator came out today and looked at the car... its not totaled but it going to be a good chunk of change to fix.

Everything seems to be going smoothly... still no word yet on whos fault it is or who will be blamed for it based on our two stories.

[BillsMafia]

I would hate to have to drive a HHR as a rental. Good to hear that everything is coming along for ya.

[Poolshark1321]

OMG i hate the HHR... sooooo much after driving it for a few days. For the love of god dont let anyone you know buy one. The seats are so uncomfortable its not even funny....

The other huge complaint I have is the amount of slack in the steering... I mean I start to turn the wheel but it doesnt actually turn the wheels til like half or more a turn of the steering wheel. Its terrible... for instance when parking and coming in at a 90 degree angle... you cut it hard... but it doesnt straighten out fast enough its soooo easy to **** up and steer right into the car your parking next to. I have to cut it hard... then turn the steering wheel around super fast the other way cause it doesnt straighten out on its own.


I know I am used to the awesome seats in the GTO, the power, the ride and the insane handling but... the HHR is worst then anything ive ever driven. My 2001 honda civic is 10x better... and my friends little cobalt is way better then the HHR also. Its just a ****y vehicle over all. Atleast its a rental though I can dog the **** outa it...

[littlecrunch2000]

Ok, here is my take on what happened. I was a police officer in Austin and was also an AI (Accident Investigator). I am not the most certified person and please do not include me in any of your reports to the insurance agencies. I am not an expert witness in any civil courts and will not be able to answer any questions they would like to ask. (Sorry for disclaimer, but I want to make it clear.)

From the pictures, it appears that the vehicle traveled in the same direction you WERE traveling before you made the U-turn. With that said, she automatically must "Yield The Right Of Way" and also "Maintain An Assured Clear Distance" to prevent crashing into the vehicle in front of them. That is written in the Texas Transportation Code (section 545.062) in the first paragragh. Feel free to state that section to your insurance agency and hers when making claims. They will not try to screw you over because they will know that you know the laws (which they fear!!!)

What she was doing to cause the wreck is no excuse and does not matter. In the state of Texas, a police officer's position at a crash is to simply facilitate the exchange of information. Unless there is a serious bodily crash or the vehicle is towed, the police officer is NOT REQUIRED to write a full blown report. Most agencies will write the report if the damage is more than $1000, but thats not a guarantee. Now as for your situation, you should have called the police. They (cant guarantee) most likely would have issued her a citation for one of the above mentioned Trans. Code titles. The citation does not automatically determine fault, but the insurance agencies do take that into consideration (approx. 75%).

With the repair, take it somewhere you want. Talk to them first and tell them what you want. Sometimes they will work with you, but not always (talking about the exhaust). As for parts, they generally try to find used parts as it is less cost on the repair facility, but you can request only new parts. Go in with a good attitude and they usually try to help you out. No I dont think it is totaled. Ive seen worse cars get fixed. Mostly it depends on the supporting stuff, I.E. frame damage or even total cost including labor.

Steering - have your claims adjuster look at everything and also, if possible have them ride in the car up and down the street. Make a list of all the things you are noticing wrong with it. DO NOT tell them about the planned upgrades, they might try to find a way out of paying for the stock stuff knowing that you are going to just replace it.

If Ive missed anything let me know or if you have any other questions post up and Ill try to look here. I leave for the Army on Monday so after that, I am gone for AT LEAST 10 weeks, so I wont be able to get back with you. Sorry for the long post, just tried to get it all in at once.

[littlecrunch2000]

Also, sorry I didnt post this in the last post, but..... Glad you are ok. It is a trying time, but you will get a better outlook on this situation soon. You were just at the wrong place at the wrong time. It happens to EVERYONE sometime in their lifetime.

I got hit by a car while riding my bike when I was going to the neighborhood next to mine just to see if a guy had his garage door open so I could see his Viper. It took me a long time to figure out why it happened, but finally said it wasnt worth thinking about anymore.

[Poolshark1321]

Ok, here is my take on what happened. I was a police officer in Austin and was also an AI (Accident Investigator). I am not the most certified person and please do not include me in any of your reports to the insurance agencies. I am not an expert witness in any civil courts and will not be able to answer any questions they would like to ask. (Sorry for disclaimer, but I want to make it clear.)

Cant thank you enough for your time and input...

From the pictures, it appears that the vehicle traveled in the same direction you WERE traveling before you made the U-turn. With that said, she automatically must "Yield The Right Of Way" and also "Maintain An Assured Clear Distance" to prevent crashing into the vehicle in front of them. That is written in the Texas Transportation Code (section 545.062) in the first paragragh. Feel free to state that section to your insurance agency and hers when making claims. They will not try to screw you over because they will know that you know the laws (which they fear!!!)

Thank you very much for this information... going to be sure to mention it tomorrow when I talk to the insurance company again.

One of my friends says I should mention the fact that I dont understand how her story could be accurate considering...

I have a text message from her after the wreck thats says " Joshua, Are you alright? I am also confirming this number is yours."

I responded "yes I am fine, are you? I just got the car home and I am about to go to sleep."

The then said... "Same, but what lane were you in?"

My friend was trying to say that this could help prove that her story is fabricated because she apparently didnt even know what lane i was in when she hit me.

IDK if those text messages will help in any way... but I think its worth a mention to the claims person.


What she was doing to cause the wreck is no excuse and does not matter. In the state of Texas, a police officer's position at a crash is to simply facilitate the exchange of information. Unless there is a serious bodily crash or the vehicle is towed, the police officer is NOT REQUIRED to write a full blown report. Most agencies will write the report if the damage is more than $1000, but thats not a guarantee. Now as for your situation, you should have called the police. They (cant guarantee) most likely would have issued her a citation for one of the above mentioned Trans. Code titles. The citation does not automatically determine fault, but the insurance agencies do take that into consideration (approx. 75%).

Totally understand what your saying... the ticket has a huge influence on who is blamed at fault by the insurance company. I really have learned alot and should be prepared next time I am in this situation.

With the repair, take it somewhere you want. Talk to them first and tell them what you want. Sometimes they will work with you, but not always (talking about the exhaust). As for parts, they generally try to find used parts as it is less cost on the repair facility, but you can request only new parts. Go in with a good attitude and they usually try to help you out. No I dont think it is totaled. Ive seen worse cars get fixed. Mostly it depends on the supporting stuff, I.E. frame damage or even total cost including labor.

The shop I am taking it to is a friend and I talked to in him in depth today about the car and its repair. He said that yes... that it is possible for me to pay extra and have them put in an after market exhaust of my choosing. They will tell me the cost to fix stock exhaust and then I can cover the difference for the after market one and they will put it on.

For the parts... I didnt really get into the nitty gritty because nobody has done a quote yet and I am taking the car to the shop sometime tomorrow/today (2:40am at this post so technically today) From what state farm told me I am the only person who can pick what parts and where I want to have the work done. I think I will insist on new parts all around if possible but I wont really know what all needs to be replaced yet. Ile keep my options open... theres alot of salvage GTO's that are being parted out and it might be worth doing something like that.

Steering - have your claims adjuster look at everything and also, if possible have them ride in the car up and down the street. Make a list of all the things you are noticing wrong with it. DO NOT tell them about the planned upgrades, they might try to find a way out of paying for the stock stuff knowing that you are going to just replace it.

The steering wasnt about the GTO... GTO drives fine, I was talking about my rent car its a Chevy HHR... and it really is a terrible car.

If Ive missed anything let me know or if you have any other questions post up and Ill try to look here. I leave for the Army on Monday so after that, I am gone for AT LEAST 10 weeks, so I wont be able to get back with you. Sorry for the long post, just tried to get it all in at once.


Thanks for you for serving and once again thanks for your help! Long posts are not a problem... I tend to get carried away most of the time and put wayyyy tooo much information.

[Poolshark1321]

Also, sorry I didnt post this in the last post, but..... Glad you are ok. It is a trying time, but you will get a better outlook on this situation soon. You were just at the wrong place at the wrong time. It happens to EVERYONE sometime in their lifetime.

I got hit by a car while riding my bike when I was going to the neighborhood next to mine just to see if a guy had his garage door open so I could see his Viper. It took me a long time to figure out why it happened, but finally said it wasnt worth thinking about anymore.


Yep I sat and thought about it... replaying it over and over but just couldnt figure it out.

In the end I have just come to the conclusion to deal the hand I was dealt and whatever happens happens. I really hope they dont try to put fault on me... and I am not going down that road without a fight.

Someone also mentioned to me that if it is her fault... that the insurance company will pay me the decreased value in the car caused by the wreck. If I mention it to them that is.... otherwise they dont mention it to me lol. This is another reason I want them to find her at fault... I dont plan on ever selling the car but a little mod money would be nice!

[ducky]

glad you are ok!

[alsgto04]

Damn very disturbing pics glad you ok.

[littlecrunch2000]

Mention the texts as it proves that you did not "Fail to stop and render aid" (which is a class B misdemeanor). Also make sure that you contact her insurance company (same if I read above), but talk to HER claims adjuster, but after you tell your adjuster everything first. Think of this as court and you have an attorney and she does as well. Only difference is you want her attorney to know your side, but only after talking to yours first and getting help on what to tell hers.

Last but not least, you said your insurance was going to take pictures? Take some of your own. Make a cd with the pictures you took of the scene and of your car pointing all the damages. It may sound a little over the top, but more preparation means more of a chance to make sure that you are not made at fault on this.

Good luck and Ill keep trying to think of some things and let you know as I can.

[Poolshark1321]

Thank you ducky and alsgto04...

Was pretty intense... ive never felt that kind of force before.

I had both hands on the wheel when it happened and my right index finger cut into my right thumb right behind the knuckle... I was bleeding when I got out of the car and thought it was odd til i thought about it.

In response to Littlecrunch...

Going to work on getting some pictures of where the accident happened together like you said and I will talk with my claims adjuster before attempting to talk to hers.

Thanks again for the tips I will let you know how this goes down...

[Poolshark1321]

Ok guys here are some rough paint drawing of what I believe is the only way she could of hit me. Keep in mind the sketch is pretty rough and isnt perfectly proportional... that and I dont know where her car actually was when it hit me cause I wasnt looking in her direction. This is the best guess that I can come up with after thinking about this over and over. The arrows on the cars indicate direction traveling...

First is a split second before the crash...

http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/WreckSketchRough.jpg


Here is an estimate of where we both were seconds after the impact...

http://i482.photobucket.com/albums/rr187/JRA1321/GTO%20Wreck/WreckScetchAfterHit.jpg

We pulled into the garden parking lot area of the home depot to the left side and exchanged information there.

I also just talked to my claims adjuster again on the phone and had another in depth conversation about the whole wreck. Before we talked in depth about the crash again she mentioned that she really doesnt see how I am not going to be found at fault once again. Shes telling me that to them it looks like I moved from the right of her to the left and cut her off thus causing her to clip me and spin me around. After talking with her for a good 15 mins or so she said she understood and could picture my side of the story better. My claims adjuster is going to talk with her claims adjuster one more time and see how that goes.

Anyways its not looking good for me as far as who is at fault and I really think I am about to get screwed. In the end... **** happens, it sucks but I have learned from this accident and will know how to handle this better next time. I am probably about to say hello to slightly higher insurance rates... :mad: I currently pay 220 a month for full coverage... and it will probably go up to around 250 I am guessing maybe more who knows.

No way in hell I am going to sell the car just cause insurance rates go up a little though. It just sucks ass that I am going to be found at fault for the first time in a wreck. Best case scenario I can think of right now is we both pay deductibles and cover our own cars because they cant decide whos at fault. I kidna doubt it though....

Once again I appreciate everyones concern and help/input on this nightmare of mine and maybe other people can learn something from my **** up.



P.S.

I miss driving the GTO already... and its probably going to be around a month before I get my baby back. Also I will keep you guys updated on the cost of repairs and possibly some in depth pictures of the car at the body shop being torn down. Personally I want some pictures of any frame damage or major damage thats going to be fixed so I can keep it for my records "IF" I ever sell the Goat. (I wont though but it will come in handy later either way)

[Poolshark1321]

Oh almost forgot... at this point considering I have tried everything I can think of and people had recommended. Is there anything else that I can do to sway this in my favor if she calls back and tells me its over I am going to be found at fault. I assume that its basically all in their hands now and whatever they decide is going to be the final word. She seemed antsy to get this case over with and make a decision on it already.

Honestly though I dont see how they can find me at fault and not just make both of us payout. If they can honestly prove either side then I shouldnt be the one stuck with the short end of the stick while Lil Miss Princess gets to ride away into the sunset. I feel as though they cant prove her story or mine... yet I am being blamed cause they find hers more believable.

[littlecrunch2000]

tell her you want it to go to arbitration as you dont think it is fair. Because both of yall have the same insurance, they are looking for a bigger payout in the long run. You, young male with a sports car, is easier to jusity the $400 a month insurance payment. An arbitrator will be unbiased and therefore a little better.

Request to see a diagram of what they think happened and a report as to why they think this. As for the other driver's side of the story and find out how they differ, If you can prove that she is lying as little, then you will be golden.

Worst thing about this is there is no witnesses. Think like a police officer and try to debunk her story and prove yours. That is the creed of the legal system.... :)

P.S. ---- are you going to Disco's party? I will be there and we can talk a little more about it if you want. If not then we will continue this way.

[Robofuzz]

This type of thing with the insurance is precisely why you need an accident report done by a law enforcement agency. I have been subpoenaed twice to testify in civil trials where my accident investigation found one driver at fault, and the insurance companies were saying the other driver was at fault and were trying to screw them over.

[Poolshark1321]

tell her you want it to go to arbitration as you dont think it is fair. Because both of yall have the same insurance, they are looking for a bigger payout in the long run. You, young male with a sports car, is easier to jusity the $400 a month insurance payment. An arbitrator will be unbiased and therefore a little better.

Request to see a diagram of what they think happened and a report as to why they think this. As for the other driver's side of the story and find out how they differ, If you can prove that she is lying as little, then you will be golden.

Worst thing about this is there is no witnesses. Think like a police officer and try to debunk her story and prove yours. That is the creed of the legal system.... :)

P.S. ---- are you going to Disco's party? I will be there and we can talk a little more about it if you want. If not then we will continue this way.

Thanks for the tips... going to put them to work when I talk to her again. Is she going to call me and talk to me one more time before she settles this??? I am kinda under the impression the next phone call I get is going to be her telling me its over and done with and I am found at fault. Should I call her tomorrow before she calls me to ask her what the progress is and then if she tells me the same thing explain to her about the arbitration thing?

I was actually planning to go to Discos party even though I didnt post anything about it. I have already asked off for work that Saturday and was waiting til it got closer to RSVP on the forum. I kinda figured I wasnt going to go now though with the GTO being in the shop and all. Kinda blows I was looking forward to meeting everyone and hanging out. I cant drive my rent car up to katy... I just dont trust it or feel comfortable enough driving it to do something like that.

[Poolshark1321]

This type of thing with the insurance is precisely why you need an accident report done by a law enforcement agency. I have been subpoenaed twice to testify in civil trials where my accident investigation found one driver at fault, and the insurance companies were saying the other driver was at fault and were trying to screw them over.

Yep this thing is all fubar now and I am just accepting that I screwed up. Learned alot though and will be prepared for the next possible time.

[littlecrunch2000]

I would say call her anytime you get more information. Kepp bugging her about it. Also, ask for her email address and send her your diagram, maybe she isnt comprehending your description (she is a woman, right) *oh no he didnt!!!!*

Do not tell her to take it to arbitration until she says there is nothing else you can do. No matter what, if you are less than 100% not-at-fault, take it to arbitration. Why arent you comfortable driving it? Your insurance will cover it in case something happens to it and I am sure it wont fall apart. If you dont like the car that much, call rental place and demand another car. Say you drive a coupe car and you want soemthing like it. When I got into my wreck (when I had a neon) I got a Kia Rio. I went back and demanded a 4-door car and they put my in an Impala. Cant hurt to try and ask.

[Poolshark1321]

I would say call her anytime you get more information. Kepp bugging her about it. Also, ask for her email address and send her your diagram, maybe she isnt comprehending your description (she is a woman, right) *oh no he didnt!!!!*

Good idea...

Do not tell her to take it to arbitration until she says there is nothing else you can do. No matter what, if you are less than 100% not-at-fault, take it to arbitration. Why arent you comfortable driving it? Your insurance will cover it in case something happens to it and I am sure it wont fall apart. If you dont like the car that much, call rental place and demand another car. Say you drive a coupe car and you want soemthing like it. When I got into my wreck (when I had a neon) I got a Kia Rio. I went back and demanded a 4-door car and they put my in an Impala. Cant hurt to try and ask.

I dont feel comfortable driving it cause I am used to driving cars... something lower to the ground that doesnt roll so much in the turns. But more or less I cant stand it because of the steering in the chevy HHR rental car. Its terrible and has a ton of slack... and anytime your turning it seriously pulls even though when your driving straight its aligned correctly and goes straight. I actually thought about swapping the car out and I think I will look into that tomorrow. If I can get something like the Malibu or some type of car, then I will for sure go to the party. I might go either way its not that long of a drive... going to think about it.

[Poolshark1321]

I had a friend at an auto parts store recommend that I have the whole car painted not just the rear end because it will never match right even if they try to "Blend" it. The paint shop specializes in custom work, realistic flames, graphics etc etc... I know they are good at what they do by looking at some of their work. So is this something I should look into or just not worry about it? Also can I only have this done if I am not found at fault? I really doubt the insurance company is going to want to pay for the whole car getting painted.

[Poolshark1321]

Ive been doing a little reading on Mediation and Arbitration...

Here... http://www.insure.com/car-insurance/claim-dispute-mediation.html

I am starting to wonder if in the end it will be worth going for mediation or arbitration.

Any idea on about how much its going to cost for arbitration? Probably is worth it considering its 500 for my deductible and the added cost to insurance each month. I am thinking if its under $1000 to do arbitration it would be worth it if things swung my way.

Going to talk with my claims adjuster Monday and see what the deal is... I might try and go for Mediation prior to Arbitration.