Shitty situation... Need opinions

[Hawd]

Ok...I'm fucking furious right now and im bout to explode so I'm going to use this message board to vent right now and help me decide on what I'm going to do next. Not looking for sympathy just some thought on what I should do. I still appreciate anything anyone has to say to me.

On march 10 2 months ago I got into an accident with my s14 and insurance declared it as a total loss. What happned exactly was that I was behind some asian bitch and she was slowing a bit so I switched lanes as as soon as I switched lanes the bitch decided to switch when I was in her blind spot. She hit my passenger side and my tire somehow blew causing me to lose control and I ended up side ways grinding down on the side of her car with my front end on the fucking freeway going like 65. I regain control and pull over. LUCKILY i mean fucking luckily all other cars avoided us keeping the accident between us. And thank god no one was hurt seriously.

more details: http://www.zilvia.net/f/showthread.php?t=48081
datiled pics of damage:http://www.zilvia.net/f/showthread.php?t=48183

Now we bring us to today. I get a letter from my insurance company stating Iam 100% at fault because I was driving at unsafe speeds and I made an unsafe lane change. WHAT THE FUCK? There was a witness at the scene but she did not arrive until after chp arrived and that was 10 mins after the accident happned? Now I think the chp report is fucking biased and I got assed out. I need to obtain the report to see what exactly he wrote down. I told the officer exactly what happned as I explained it to you guys. Basically my insurance company (mercury insurance) played me like a bitch. 2nd fucking time this has happned to me in my life. Which brings me to my next point. What should I do about it?

A) Hire a lawyer and try to fight the situation? Problem is I have no fucking money because Iam spending all 5k I saved to mod the car (sr swap) on buying another s14. Also it's going to take time and there is a possibility It's a lost battle already because I think the witness sided with the azn bitch that hit me.

B) Totally fucking strip down the car and part out every fucking thing that I can to try and get some money back.

c) Fix it and sell it.

Originally I was planning on getting a lawyer next week to help speed up the insurance process. The azn bitch had a lwayer already and I think that also played a role into letting myself get taken advantage of. Reason why I waitied so long is because Im a fucking full time student and work part time and I didn't have the time to go get one.
ince then I've been without a car and driving around with my mom's 1982 280zx the only car she has back and forth to CSULB 18 miles on a car thats 22 yrs old with 225,000 miles on it. It's been a bitch and a half for transportation the past 2 months the car has done it's job but its going to fucking explode any day now haha. Rack and pinion has gone to shit.

Cliff notes:
I got played me for a fool
what should I do.

[NZO]

Get the police report and then get on the phone with someone at your insurance company and dont hang up until you get exactly what you want. If they wont give it to you I guess you could get a lawyer, it depends on how innocent you think you are.

[yudalicious]

no need to bring race into this please, a simple bitch would've sufficed.

if the person infront of you slows down, you should slow down also, not switch lanes to avoid having to slow down. in other words, yes I think this is at least partially your fault.


if the witness sided w/ the other driver then I think it's best to give up fighting it in court, there really is no point.

I know that if I were looking for a car I would NOT buy a car that was declared totaled and then repaired.

so that only leaves 1 option then.

[Hawd]

I did slow down and switched lanes the right way had time to signal and everything...... thats the whole point It wasn't a type of last minute decision she made the last minute decision.

honestly im sorry for the racist comment but I've run into alot of situations involed female azn drivers and the stereotype is fact in my point of view.

[DuffMan]

One thing you can do that doesnt require a lawyer (and the high cost of one) is to call up your insurance co and threaten to file a claim of fraud with the California Department of Insurance - http://www.insurance.ca.gov/docs/index.html.

Insurance companies take these threats very seriously because the government usually will open an investigation if a report is filed.

Also the letter shoudl have the name of the adjuster who determined that it was 100% your fault. See if you can get ahold of this person and their supervisor. Mention that you will be putting their names in the fraud report.

[mk20116]

who's your insurance.

that way we can stay away from them..

i got mercury, but hate them. got in an accident and they wouldn't even handle it for me, i have to talk to the other insurance co.

[MakotoS13]

i didn't even know this deck had a race card... he was describing the "azn bitch" which i find quite acceptable. would i be agist if i said "old lady" nah, its part of story telling, folks. kinda hard to paint a picture with no colors.

i say you fight it till you can't fight anymore,then again, i am a hard headed spiteful, SOB. give em the what fer...

[aznpoopy]

your biggest mistake was not staying at the accident scene with the cop making sure he/she knew EXACTLY what happened from you and the witness. on top of that, you have to make sure the police officer WRITES all that down. more often then not they'll write down some quick nondescript shorthand crap and leave it at that. remember, cop sees nice old asian lady vs kid in a sports car; what did you think she would report? cops are not the unbiased-justice-for-all type people they should be; they are people with biases just like you (noting your bias against old asian ladies). you should have asked the cop when the report will be available and gone to the station to obtain a copy ASAP. more often then not the insurance company will go by what the report says, and i'm guessing whatever was on it was not in your favor.

at this point the most you can do is figure out what the report says and go with your options from there. if the report isn't 100% against you, you might have a chance by harassing your insurance company. if the witness and the cop were against you, you're fuxord.

[Hawd]

I have mercury insurance as well. I was with the officer the whole time at the scene and he spoke to me last. Officer was speaking to the witness and the lady who hit me and I was 15ft away by my car on the phone trying to figure shit out so I really didn't listen to anything that was going on. Problem was I could not get a report asap because chp does not release them until 2 weeks after the accident. When the witness was driving off I spoke to her briefly and asked her what happned. She told me that I lost control and hit the car? what the fuck how am I going to lose control changing lanes and watching a car just straight hit me. I could have avoided her but an SUV was right next to me.

[Salty_X]

A & B.

Get the most hardcore lawyer you can afford and bend everybody over.

[yudalicious]

i didn't even know this deck had a race card... he was describing the "azn bitch" which i find quite acceptable. would i be agist if i said "old lady" nah, its part of story telling, folks. kinda hard to paint a picture with no colors.

i say you fight it till you can't fight anymore,then again, i am a hard headed spiteful, SOB. give em the what fer...

I hope you're just joking or being sarcastic, I'm by no means one of those racially sensitive "omg you said black and NOT african american" type of ppl,
I was not really offended, just felt the race had nothing to do w/ it.

if he had said "black bitch" then the NAACP and the good rev. would've been all up in here, I'mjust trying to stick up for the heavily under-represented voice, the asian ppl.

[Wei240]

if there is a witness already against you as well as the police report, most likely, lawyers won't take the case...
part out would probably be best since fixing and selling a salvaged car would net you maybe a nice t.v set at best...
or you can file fraud as duffman mentioned...

[Pudula]

You have liability insurance do you not? In Arizona, THAT is the lowest insurance you can carry. Liability = if it is 400% your fault, you pay the deductable (if you have collision coverage) and the insurance pays for your car. You are their liability...they owe you a car.

[No Motiv]

MErcery Insurance.....WHo the fuck are they....get with a big insurance company..Geico or something

i dont know what to tell you otherwise....but that sucks.....fuck stupid azn bitches...Lol

[GlacierFreeze]

A & B.

Get the most hardcore lawyer you can afford and bend everybody over.

+10

Do it! Do it!

[stealthj]

A & B.

Get the most hardcore lawyer you can afford and bend everybody over.


do that, trust us

[drift freaq]

MErcery Insurance.....WHo the fuck are they....get with a big insurance company..Geico or something

i dont know what to tell you otherwise....but that sucks.....fuck stupid azn bitches...Lol
actually Mercury Insurance is a pretty damn big Insurance company out here on the West coast.

You have liability insurance do you not? In Arizona, THAT is the lowest insurance you can carry. Liability = if it is 400% your fault, you pay the deductable (if you have collision coverage) and the insurance pays for your car. You are their liability...they owe you a car.
05-13-2004 10:02 AM
liability insurance does not work that way in California. Liability only covers the other peoples cars if you are liable. Your on your own with your car unless you have Collision/comprehensive then you can claim on your own policy but you will pay the deductable.
In this case his insurance company has determined that he was a 100% liable for the accident. Now if the accident looks anywhere near like she struck from behind his point of vision she would be responsible but if it looks like he cut her off then it would be deemed his fault for crossing into her line of travel. Its sticky situation due to the fact that his tire blew and he swerved back into her. He does need a witness for this to prove his point and a awfully good lawyer because Insurance companies have batteries of lawyers just for these kinds of cases.

[MakotoS13]

I'mjust trying to stick up for the heavily under-represented voice, the asian ppl.

yeah, that's retarded but i don't want to hijack yet another thread so i'll let sleeping dogs lie... in a kettle at 350 degrees to simmer in a broth of various seasonings... hehe

[Pudula]

actually Mercury Insurance is a pretty damn big Insurance company out here on the West coast.


liability insurance does not work that way in California. Liability only covers the other peoples cars if you are liable. Your on your own with your car unless you have Collision/comprehensive then you can claim on your own policy but you will pay the deductable.
In this case his insurance company has determined that he was a 100% liable for the accident. Now if the accident looks anywhere near like she struck from behind his point of vision she would be responsible but if it looks like he cut her off then it would be deemed his fault for crossing into her line of travel. Its sticky situation due to the fact that his tire blew and he swerved back into her. He does need a witness for this to prove his point and a awfully good lawyer because Insurance companies have batteries of lawyers just for these kinds of cases.
That's right - I forgot about that... I remember now when I caused an accident I was going to have pay another deductable, to pay for the collision damage to my car. Sorry for the wrong info.

[Hawd]

Here's the situation I'm going to go with A and B i'm going to fight it because I have an opportunity to appeal the decision up to 30 days after my insurance companies intial decision. Currently my claims adjuster told me that she has a witness the one that showed up at the scene 20 mins after the accident happned. Bascially she said I lost control while switching lanes rofl. how could she see that when she was not in direct line of sight with my car to see the intial contact that caused me to lose control. She supposedly was behind another car. Now what I'm doing is first thing monday I'm going to get a copy of the chp report and present it to a lawyer in huntington beach. I'm also going to file an insurance fraud claim with the california department of insurance because this "witness" was not there initially and I wasn't aware that she was a witness. I thought she was just a family member of this bitch helping her out. Next thing im going to do is in detailed writing i'm going to decribe the accident with diagrams that I'm going to do in photoshop. I'm even going to make a fucking flash movie describing all the angles and to why damage occured the way it did. I'm not going to let these motherfuckers play me for some stupid broke ass college student bitch. They see the oppurtunity to save money and fuck over poor people. They are fucking with the wrong person. I was wrong in being passive and just letting the insurance company do all the work. My advice to everyone is if you get into any type of accident get a lawyer ASAP and dont let the insurance company treat you like a little bitch. No matter what I'm getting my motherfucking money! Also be on the lookout because I'm going to part out the car in a few weeks. 5 spd swap, interior, everything basically.

[that180guy]

:werd: brotha. good luck man. may the force be with you. all of us on zilvia are routing for ya

[SimpleS14]

odd...I was in a very simliar accident and had a witness...however the guy was in a hurry and left before the cop came. One thing you should always do is get the witness information. I gave it to the cop and of course I called the guy to see wassup. Fortunately he was on my side. I was glad the cop didn't play the race card on me....being that I'm a young black kid in a sports car...while the other guy was a white male in the Marines driving a 83 chevy pickup. But anyways...my insurance wanted to total my car...but I refused to had over the title and let this happen. So what they did was drop my coverage to liablity and give me what they feel is reasonable to fix the car on my own. At the same time they got all the money back from the other company. Anyways....I think your first mistake was not getting the witnesses information and hearing their story. You should have followed up on what the cop heard while at the scene. Afterwards you should have followed up on your claim with your insurance company. Insurance companies want to get a claim out of the way as soon as possible...and some times totaling the car is the cheapest and quickest way. You may not know this...but you have more power than them. I didn't sit around the let shit happen...I continued to bug them and made a note that I pay a shitload of money to them and if they total the car I would pull out the other two cars and take them to small claims. But meh...I too was a full time student and part-time worker at that time...but I really don't want to sit around doing nothing. Not saying that your lazy or anything...but just saying you should have put more "uff" into it. Right now for your situation...I have to go with B....and give me your shift boot trim piece. :) Don't go to court....your going to get 0Wn3d and I hate to see another ranting thread.

note: Price on OEM parts is what really screws you over when you get an estimate under an insurance company (ex: fender = $233).

[Ian]

asian women cannot fucking drive...i said it! i'ma racist agianst asian woman drivers...cuz 99% of them suck, including my mother and my girlfriend....oh fucking well...DEAL...you're right bro, FUCK THE ASIAN LADY UP AND MAKE HER ADMIT TO HER WRONG DOING!

[Hawd]

main reasoning as to why I didn't really do much is because I listened to my mom who had full faith in the insurance company. I take my mom's advice into a account seriosously because shes right about almost everything. I'll get my money too. thanks for the support guys.

[MakotoS13]

man, i knew nobody would get the dog joke... crap.

[Salty_X]

Quick question: Did you see if the lady that hit you used her turn signal or not? That could be big in helping your lawyer bend everybody over... I mean, if she didn't use it, how could you know that you were in her "line of travel" or whatever. And if you just weren't in a position to see it (like right next to her car), that should mean it's her fault for not looking before moving over.
Good luck mang.

[Hawd]

No she didn't at all. I signaled out of the lane and I had full control of the car of the lane that I was in. Insurance determined that I was 100% at fault because I was driving at unsafe speeds and made an unsafe lane change reason being because the "witness" said I was driving too fast and I lost control of my car when I switched lanes which is a bunch of bullshit. How the fuck am I going to lose control of a car over a simple lane change and how the fuck would I be dricing unsafe if I was slowing down below the speed limit.

[that180guy]

asian women cannot fucking drive...i said it! i'ma racist agianst asian woman drivers...cuz 99% of them suck, including my mother and my girlfriend....oh fucking well...DEAL...you're right bro, FUCK THE ASIAN LADY UP AND MAKE HER ADMIT TO HER WRONG DOING!


:stupid: :werd: amen to that brother :bowdown:

any asian women + vehicle = not safe
any asian women + SUV = STFA (stay the fuck away)

[oojpeeoo]

asian women cannot fucking drive...i said it! i'ma racist agianst asian woman drivers...cuz 99% of them suck, including my mother and my girlfriend....oh fucking well...DEAL...you're right bro, FUCK THE ASIAN LADY UP AND MAKE HER ADMIT TO HER WRONG DOING!

whoah there buddy... just chill out..take sum pride in urself and stop believing those stereotypes

[Hawd]

Its not a steretype its a motherfucking fact.

[SimpleS14]

man, i knew nobody would get the dog joke... crap.

I got your joke

oojpeeoo - It's a proven fact......but its more like 70-80%.

Hawd - Basically what happen with me was I was coming down a hill that had a yield entrance onto the road. So I see the pickup SLOWLY go the lane I was in...so I proceed to switch the other lane...but the truck was still verring into my lane SLOWLY...I was going like 40mph...and he was doing 10mph. :mad: I got lucky and managed to get out as much as possible just messing up my fender, tie-rods, hood and passenger lights (excluding turn signal). ANYWAYS...what saved my ass from not getting at fault was the fact he failed to use a turn signal...AND...he failed to yield right of way. Over here if your not using a turn signal and someone hits you...your not at fault and the person failed to yield right of way. I dunno about your state :/

[Salty_X]

No she didn't at all. I signaled out of the lane and I had full control of the car of the lane that I was in. Insurance determined that I was 100% at fault because I was driving at unsafe speeds and made an unsafe lane change reason being because the "witness" said I was driving too fast and I lost control of my car when I switched lanes which is a bunch of bullshit. How the fuck am I going to lose control of a car over a simple lane change and how the fuck would I be dricing unsafe if I was slowing down below the speed limit.
I thought I remembered that you said that the witness was behind another car right? (I skimmed but didn't see it) If so, I would try to restate that point many, many times to the judge/jury/whoever, because if she can't help you, fuck her, she only makes the other lady's case stronger. Especially if the car was some monstrosity like a H2 or something like that...