View Full Version : 97 Kouki Crashed, His fault.. But no witness.. HELP!!!
180PWR
12-18-2003, 02:18 PM
Alright, I have quite a problem on my hands..
This is the story..
Today at 7:00am I left my house and got on the highway to work.
There was a red cavalier that had just gotten on the onramp and was in the merging lane.. Now the lane had not even begun to finish so he had plenty of space to merge left...
Hes going about 25-30mph alot slower then my 60mph and he just CUTS ME OFF and throws himself in my lane, I lock my brakes up, rear end him.. He has a cracked bumper..
My whole front end is DESTROYED, SHATTERED.. $2000+ repairs on my side.. Now the cop said that since both of our stories were belivable and that there was no eyewitnesses he coudnt put the fault on anyone and give anyone a citation.. I dont have
collission so Im FUCKED.. Now thats an INJUSTICE.. What can I do ? I went to a Lawyer and he said he cant do anything... what do you guys think I can do here.... I reported it to his insurance and theyre taking a look at my car tomorrow, My insurance already told me im fucked and told me to go to his insurance...
Grant
12-18-2003, 02:27 PM
start lsaving up for a new car. never assume other drivers are smart.
sorry but that's all i can tell you :wtc:
Dousan_PG
12-18-2003, 02:29 PM
sounds like your screwed no matter what
2k in repairs? you can get a zenki front CHEAP and slowly peice together the kouki.
aznpoopy
12-18-2003, 02:35 PM
hmm... got any savings? i would go with the zenki front end like dousan suggested... forget about insurance. i doubt you can wrangle any money out of them. police won't help you out, especially b/c you're driving a sporty import with (probably) some mods on it while he's just in a little cavalier. how bad is the dmg? put up some pics! ppl here are pretty helpful in terms of figuring out what you need to replace, or directing you to places to look for parts. good luck!
S13SilviaGirl
12-18-2003, 02:43 PM
I don't know about FL, but in CA you rear end someone it is your fault no matterwhat...unless you have a witness. It is considered your responsiblity to drive defensively and protect you and your car. Sometimes you can't...but in a case like this, the insurance would probably say it was your fault for not allowing him to merge.
180PWR
12-18-2003, 02:45 PM
front end = dead
thx247
12-18-2003, 06:10 PM
mergeing cars do not have the right of way. Lane changes are the responsibility of the driver changing lanes.
SR20DETpwr
12-18-2003, 08:20 PM
Yeah, if he didn't have room to merge all he had to do was take the exit ramp back around to the on ramp and try it again. What a dumbass - good luck man.
SimpleS14
12-18-2003, 09:36 PM
Over here in VA...if you hit someone in the rear and you don't have a witness...your at fault. Mainly because your suppose to be aware of your surroundings and take caution on that. Also your car and you being young (i think) has something to do with the cop not siding with anyone. I've been in the same situation, expect I was going 40mph and the car was doing 5mph and ignoring oncoming traffic as he drifted onto the far left lane (my lane). I was pretty damn lucky to swerve most of my car out of the way...but I still hit him on his rear quarter panel. I would have been screwed....but fortunately I had a witness (even though he couldn't be at the scene).
It also sounds like your car is FUBU. If possible....I would find out how much it would cost to fix the rad support and railing (some people would call this the 'frame'). You will most likely have to buy your front end new (http://www.nissan-auto-parts-dealer.com) or go searching all over the country (forums and http://car-parts.com). The zenki front end is a good idea......but I'm not to sure if I would go that route.
If you can't do that.....well.....start saving up for another car. Get a beater and just save up....that's what I was about to do (or thought about) when my car was crashed.
s14brent
12-18-2003, 10:22 PM
if you need money i'll buy your kouki side skirts if you wanna sell em!!
Jeff240sx
12-19-2003, 01:37 AM
Read up on florida driving laws. Florida is a no-fault state, and you need to have PIP and comprehensive to drive in Florida. Comprehensive should cover your car, because that's what it's there for. Or, you can demand that your insurance company go out to the site of the accident (do it soon so that the skid marks are still there) and show/tell them exactly what happened, and that the cop isn't a crash specialist, wasn't there, and say he didn't care or look at the site. He just listened to both sides and left. Something like that.
-Jeff
rrobe99999
12-19-2003, 07:23 AM
You do not have to have comprehensive in FL, just PIP and liability. I have never had comprehensive on any of the 5 cars that I've owned. You only have to have it if you have a loan on the car. I agree, if you rearend someone its your fault. You are lucky the cop did not charge you. Get a brake upgrade B4 fixing the front end. Zenki may be a little cheaper, but if your headlights are still OK, you should keep it Kouki.
hotdogg
12-19-2003, 09:45 AM
I don't know about Florida, but in PA every onramp I have been on has a yield sign. Something similar happened to me a few years ago but not on the highway and I was hit in the rear. I was ticketed for failure to yield and my insurance had to pay for the other guy's car. So if I was you I would talk to whoever you need to about this guy not yielding.
weirdstyles.net
12-19-2003, 10:34 AM
<~ Grew up with Cops...
It is your responsibilty to control your vehicle in a manner becoming of your surroundings. However, if you were hit, defined as a motion toward the vehicle, you are not at fault. An onramp, or acceleration lane, in all fifty states is a yeild zone. It is the responsibility of the driver merging to merge with traffic, while not disrupting the traffic around them. If merging is not possilbe, the motorist is the continue onto the shoulder and stop, wait for a opening and merge into the oncoming traffic.
Due to the aggressive nature of his driving, imact was iminent and unavoidable. Jeff is correct, have your insurance agent out to the site of the accident, take photgraphs of any skid marks or indications of the altercation for records.
You will be fighting an uphill battle and it is a pain in the ass. Insurance companies will make you wait, and hope you drop it. Keep on the horn, and in their face.
If the cop gave no citations for the accient it is considered no-fault or shared-fault, which the insurance companies fear. If you are under the impression that no one is at fault, you feel that yoru fauked. However, if there is shared fault you can redeem some funds or repairs from the insurance comanies.
more mindless dribble from rob
cliff notes: Your screwed unless you screw them...
SimpleS14
12-19-2003, 10:56 AM
^---- good post http://www.sxoc.com/vbb/images/smilies/thumbsup.gif
weirdstyles.net
12-19-2003, 11:04 AM
Originally posted by 95KoukiS14
^---- good post http://www.sxoc.com/vbb/images/smilies/thumbsup.gif
thnx, Had to add the cliff notes for the lazy....
BoroBoroS13
12-19-2003, 11:09 AM
That was a very good post ;)
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