F-Type ( X152 ) 2014 - Onwards

Hit by Texting Driver...

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Old Jul 12, 2020 | 03:43 PM
  #21  
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Originally Posted by Mbourne
Wow. Sorry to learn of your damage. It’s certainly going to be a pricey repair and I’m sure the insurance company will fight you on the use of OEM parts as well so get ready for that as they clearly are trying to cheap out on the rental car. As for the other driver, it can best be described as callous disregard for safety and certainly **** poor driving skills. Then not to take responsibility is just reprehensible but typical in these days. It’s never “my fault” someone else is always to blame. Shameful.
"Karen"...
 
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Old Jul 12, 2020 | 05:25 PM
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Originally Posted by StormtrooperFtype
ya I'm aware and I know Its going to be a fight, value is down at least 10-15% with an accident on the carfax. I'm still in a lawsuit for Jag N/A to buyback to well see what happens first.
I believe diminished value is state-specific, meaning that regardless of the accident and fault disposition, you are not always able to make a claim. Also, I move from there almost 10 years, but recall Florida being a state where you can’t make a claim for diminished value. There are also types of diminished value claims (immediate-inherent etc) and I think the nature of the accident factors in as well.
 

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Old Jul 13, 2020 | 04:02 PM
  #23  
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Originally Posted by gg2684
I believe diminished value is state-specific, meaning that regardless of the accident and fault disposition, you are not always able to make a claim. Also, I move from there almost 10 years, but recall Florida being a state where you can’t make a claim for diminished value. There are also types of diminished value claims (immediate-inherent etc) and I think the nature of the accident factors in as well.
I am def gonna try for Diminished Value
 
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Old Jul 13, 2020 | 04:43 PM
  #24  
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Originally Posted by RGPV6S
My thoughts exactly.

Looks like a third crash will need to be added to his classified ad.
Originally Posted by SinF
I watched that video. What I have seen: 4 way stop, she was at a complete stop while you still were coming to a stop. This means she has the right of way. Then you started to move your car forward before she completely cleared intersection. While she is at fault for hitting you by misjudging the turn, it won't be 100% fault when all said and done with the insurance.
Similarly, as I watched the video I was expecting it to be very clear cut as well, after reading the content. She was definitely not paying enough attention but when both vehicles are moving, it definitely raises a question of comparative negligence (laws vary by state there too from non-contributory, to pure comparative...not sure in this state?). What would come in to play is the "last clear chance" doctrine for avoiding the accident....But sounds like liability was accepted, so looks like it turned out OK for you.

As some others have mentioned diminution of value cases are all over the place and vary by state as well. But worth asking.

Good luck,
DC
 
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Old Jul 13, 2020 | 05:24 PM
  #25  
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The damage is definitely not bad at all, but you can never be too safe. Seen titles changed to 'rebuilt' or even 'salvage' for just minor damage before.

You can mitigate your financial loss from the wreck by taking lots of pictures before the repair and also if possible get a statement from the repairing body shop. Something a buyer would want to see, that would be reassuring. I was up for buying a beautiful F-150 recently that had a salvage title but the guy had no detailed paperwork or statements, so it was a hard pass.
 
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Old Jul 13, 2020 | 05:57 PM
  #26  
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Originally Posted by Therock88
Similarly, as I watched the video I was expecting it to be very clear cut as well, after reading the content. She was definitely not paying enough attention but when both vehicles are moving, it definitely raises a question of comparative negligence (laws vary by state there too from non-contributory, to pure comparative...not sure in this state?). What would come in to play is the "last clear chance" doctrine for avoiding the accident....But sounds like liability was accepted, so looks like it turned out OK for you.

As some others have mentioned diminution of value cases are all over the place and vary by state as well. But worth asking.

Good luck,
DC
Yes insurance called today and deemed their driver 100% at fault after reviewing dashcam, a statement from the officer and lots of photos of the intersection. While I understand how it could look since they are correct, she had right of way, if you see the intersection ( I will post photos later) she had a full turning lane to follow (where the cop was driving) And if you look at the video closely, I was actually completely stopped when she made contact with my vehicle.
 
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Old Jul 13, 2020 | 05:59 PM
  #27  
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Originally Posted by Burt Gummer
The damage is definitely not bad at all, but you can never be too safe. Seen titles changed to 'rebuilt' or even 'salvage' for just minor damage before.

You can mitigate your financial loss from the wreck by taking lots of pictures before the repair and also if possible get a statement from the repairing body shop. Something a buyer would want to see, that would be reassuring. I was up for buying a beautiful F-150 recently that had a salvage title but the guy had no detailed paperwork or statements, so it was a hard pass.
Yes I took approx 50 photos of the damage, and will take photos of the repairs as well and photos when the bumper cover is off, insurance has already accepted liability and the car will be receiving all new Bumper cover, grill surround, grill, headlight and possibly hood.
 
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Old Jul 13, 2020 | 06:06 PM
  #28  
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Originally Posted by FeralSVR
"Karen"...
Burt Gummer I think you get it!
 
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Old Jul 13, 2020 | 07:20 PM
  #29  
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Originally Posted by StormtrooperFtype
Yes insurance called today and deemed their driver 100% at fault after reviewing dashcam, a statement from the officer and lots of photos of the intersection. While I understand how it could look since they are correct, she had right of way, if you see the intersection ( I will post photos later) she had a full turning lane to follow (where the cop was driving) And if you look at the video closely, I was actually completely stopped when she made contact with my vehicle.
If you look more closely at your own video, you were NOT at a complete stop. In fact you may have never made a complete stop... performing instead what is commonly referred to as a rolling stop.
At 2 seconds into the video, there is a manhole cover in the middle of the intersection that is 100% visible when you make your alleged attempted stop, but then, before 1 second has elapsed, you immediately start rolling once again and the nose of your car begins to obscure the manhole cover before contact is made. Unless you were moving the dash cam around which I highly doubt, the dash cam on a fixed point of reference becomes a reliable measuring device... and there are numerous reference points all over that video that prove you were moving forward and into her turn path when the impact occurred. Look also at the right front corner (quarter panel) of your car in relation to the white line of the pedestrian crosswalk, and keep trying to convince yourself that you were stopped at impact.
You may have hoodwinked the police officer on the scene, but you better hope she, her insurance company, or the carrier's legal counsel doesnt request the dash cam footage (which you've now posted for eternal posterity on the internet), or your claim against her carrier may be reversed.
 

Last edited by IronMike; Jul 13, 2020 at 07:34 PM.
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Old Jul 13, 2020 | 07:22 PM
  #30  
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Originally Posted by StormtrooperFtype
Yes insurance called today and deemed their driver 100% at fault after reviewing dashcam, a statement from the officer and lots of photos of the intersection. While I understand how it could look since they are correct, she had right of way, if you see the intersection ( I will post photos later) she had a full turning lane to follow (where the cop was driving) And if you look at the video closely, I was actually completely stopped when she made contact with my vehicle.
Great. And yes, You are definitely in a better position to assess the situation, and sounds like it turned out well for you. I was only commenting on the video footage....And fully none of my business

Take care,
DC
 
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Old Jul 13, 2020 | 08:19 PM
  #31  
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Originally Posted by madmax1911
Man that really sucks. Wonder how it would have gone down without that dashcam ? I have thought about getting one hundreds of times but always talk myself out of it because it seams like a hassle.
It's very easy.
I got a cheapo suction cup job that I attached beside the rearview.
it's essentially been 'set it and forget it'.

Until you need to pull footage, that is. I've never had to use mine, thankfully, but I've heard enough firsthand accounts of people using the footage to save themselves from a lot of extra grief.
 
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Old Jul 13, 2020 | 09:30 PM
  #32  
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Originally Posted by StormtrooperFtype
Cop and insurance told me exactly how it would be without dashcam, best case 50/50, worst case I'm at fault cause she says I went straight or ran a stop, please please please, get a dashcam, it has saved me in the past, it's the best thing you can do, I hardwired my last few cars, but this one is just plugged into the 12V, It's worth it 100%, I have thinkware but blackvue is good as well. Please get a dashcam.
Originally Posted by Luc Lapierre
It's very easy.
I got a cheapo suction cup job that I attached beside the rearview.
it's essentially been 'set it and forget it'.

Until you need to pull footage, that is. I've never had to use mine, thankfully, but I've heard enough firsthand accounts of people using the footage to save themselves from a lot of extra grief.
Yup been doing some research and there are some very good affordable options available now that were not available the last time I looked at this stuff.
Haven't pulled the trigger yet but a dashcam is on the short list for both the Jag and my DD.

I will say this, having a dashcam could be double edged sword but I think 99% of the time it would cut in the direction you want.
 
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Old Jul 14, 2020 | 12:26 AM
  #33  
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Originally Posted by IronMike
If you look more closely at your own video, you were NOT at a complete stop. In fact you may have never made a complete stop... performing instead what is commonly referred to as a rolling stop.
At 2 seconds into the video, there is a manhole cover in the middle of the intersection that is 100% visible when you make your alleged attempted stop, but then, before 1 second has elapsed, you immediately start rolling once again and the nose of your car begins to obscure the manhole cover before contact is made. Unless you were moving the dash cam around which I highly doubt, the dash cam on a fixed point of reference becomes a reliable measuring device... and there are numerous reference points all over that video that prove you were moving forward and into her turn path when the impact occurred. Look also at the right front corner (quarter panel) of your car in relation to the white line of the pedestrian crosswalk, and keep trying to convince yourself that you were stopped at impact.
You may have hoodwinked the police officer on the scene, but you better hope she, her insurance company, or the carrier's legal counsel doesnt request the dash cam footage (which you've now posted for eternal posterity on the internet), or your claim against her carrier may be reversed.

dude what... are you watching the same footage I am, you can see very clearly I came to a complete stop for multiple seconds, then I went to turn right in my lane, and when I saw her stopped again and she hit me... her insurance saw the dashcam footage, I sent it to them LMAO, they deemed her 100% at fault. she made multiple road violations, such as texting and driving, failure to show signal, failure to stop at appropriate place. I think you need to rewatch the video if you think I didn't come to a complete stop.

Just rewatched the video again, ya its extremely clear where and when I came to a complete stop. starting at about 2 seconds, then at abt 4 I pull up to turn right, and when I see her I stopped again, and then she hit me. Rewatch it carefully
 

Last edited by StormtrooperFtype; Jul 14, 2020 at 12:29 AM.
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Old Jul 14, 2020 | 12:31 AM
  #34  
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Originally Posted by IronMike
If you look more closely at your own video, you were NOT at a complete stop. In fact you may have never made a complete stop... performing instead what is commonly referred to as a rolling stop.
At 2 seconds into the video, there is a manhole cover in the middle of the intersection that is 100% visible when you make your alleged attempted stop, but then, before 1 second has elapsed, you immediately start rolling once again and the nose of your car begins to obscure the manhole cover before contact is made. Unless you were moving the dash cam around which I highly doubt, the dash cam on a fixed point of reference becomes a reliable measuring device... and there are numerous reference points all over that video that prove you were moving forward and into her turn path when the impact occurred. Look also at the right front corner (quarter panel) of your car in relation to the white line of the pedestrian crosswalk, and keep trying to convince yourself that you were stopped at impact.
You may have hoodwinked the police officer on the scene, but you better hope she, her insurance company, or the carrier's legal counsel doesnt request the dash cam footage (which you've now posted for eternal posterity on the internet), or your claim against her carrier may be reversed.
I respectfully disagree with your assessment. I know it's difficult to see due to the viewing angle and field of vision offered by the camera, but the manhole actually clears him. OP stops short of the manhole (though obscured by front of car due to view angle) while other driver should have followed her correct path around the manhole. The other driver changed her turn to a sharper angle veering to the inside line of the manhole. Whether or not OP is at a complete stop during impact holds no weight on liability here as travel lanes are separate.
 
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Old Jul 14, 2020 | 12:33 AM
  #35  
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Originally Posted by JacksonvilleJag
I respectfully disagree with your assessment. I know it's difficult to see due to the viewing angle and field of vision offered by the camera, but the manhole actually clears him. OP stops short of the manhole (though obscured by front of car due to view angle) while other driver should have followed her correct path around the manhole. The other driver changed her turn to a sharper angle veering to the inside line of the manhole. Whether or not OP is at a complete stop during impact holds no weight on liability here as travel lanes are separate.
Thank you, I'm glad other people see this and I am not going crazy
 
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Old Jul 14, 2020 | 02:06 AM
  #36  
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I will throw my 2c in here. She cut the corner big time and even if the OP had remained stationary I think she would have clipped him with the back corner of her car.
Regardless, sucks to see a nice car get damaged no matter who is at fault. Once crunched, they are never the same because you know it happened. Assuming the car is repaired correctly, the next owner will likely not care.
 
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Old Jul 14, 2020 | 02:33 AM
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Originally Posted by madmax1911
I will throw my 2c in here. She cut the corner big time and even if the OP had remained stationary I think she would have clipped him with the back corner of her car.
Regardless, sucks to see a nice car get damaged no matter who is at fault. Once crunched, they are never the same because you know it happened. Assuming the car is repaired correctly, the next owner will likely not care.
Hopefully with the repairs all set it done its back to perfect, I've had bumper alignment issues since day one, like really bad and they haven't been able to correct at dealer, hopefully now with the new bumper the car will finally have that issue taken care off and it'll look perfect.
 
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Old Jul 14, 2020 | 07:07 AM
  #38  
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Originally Posted by madmax1911
I will throw my 2c in here. She cut the corner big time and even if the OP had remained stationary I think she would have clipped him with the back corner of her car.
Regardless, sucks to see a nice car get damaged no matter who is at fault. Once crunched, they are never the same because you know it happened. Assuming the car is repaired correctly, the next owner will likely not care.
I watched it also and although you did come to a complete stop for a split second, you were loosely following the rules for coming to complete stop just as the other was loosely observing the rules for staying in their lane. I’m not saying you were at fault, but this video, along various perceptions of it, are a good example of why you should always be vigilant and aware when driving and not take anything for granted. I would absolutely reference the dash am footage and challenge it if I were the other driver - nothing to lose if you’re already being blamed and someone else may see it differently you. Bully for you if it’s all their fault - but as other pointed out, still a shame the car is wrecked up and their car too. Accidents are a waste of time and energy and usually money. I have a stop sign in front of my house, and although the neighborhood is private, literally everyone blows right through it. My home office has a window and I can see people actually accelerating through the turn like they are attempting a hole shot at a race track. Harmless enough because there is limited traffic and excellent visibility of the intersection but there was an accident there a few years ago and my neighbors brand new AMG was clipped and he basically decided to keep the vehicle solely to avoid the lost value from the accident. Either way, a good reminder of defensive driving and watching out for others.
 
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Old Jul 14, 2020 | 09:36 AM
  #39  
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I find it curious that people need to weigh in on fault. The poor guy had a bad day and the other insurance company is going to cover the bill. Just leave it at that.
 
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Old Jul 14, 2020 | 09:55 AM
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In fairness, people usually weigh in on things that are not directly addressed or asked in threads - for example: complete stop or not, I did not see where the OP provided confirmation that the growler center caps were properly aligned with the valve stems....basically a non-moving violation in any state or province and dyno-proven to reduce HP by 5+.
 
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