I think my 370z is done for...?

KCZ · 10-17-2018, 06:38 PM

If I'd just heard the story..."I hit a truck that was abandoned in a passing lane around a corner in the dark"...then I'd say it's the truck owner's responsibility. But having seen that video, where the truck is visible well before the curve, where there's no other traffic in the right lane preventing a swerve, and where the video makes it appear there was time to avoid the truck, now I'd have to say the responsibility is on the OP. Should have left that video under your car seat.

dts3 · 10-17-2018, 06:51 PM

Quote:

Originally Posted by SouthArk370Z

As per Zbrah, you need to talk to a lawyer and not say any more online.

From what I've been taught, if you hit someone in the rear, it's your fault - you were traveling too fast for conditions if you couldn't stop or safely swerve in time. How true that is in court, I don't know. Good luck.

agree 100%. As others have said the dash cam probably will hurt more than help in this case. Don't talk about it online until it's done

Asus_ · 10-17-2018, 08:15 PM

I'm sorry i really don't see any situation in where OP doesn't come out of this at fault, or best case scenario, partly.

The truck IS visible, and very much so at 3 seconds, easily. . . not to mention there are lights above and the street is well lit so in terms of visibility, there is no debating, the truck had suffecient lighting around and above, hell even that really bright one that is pretty much right above the truck then you go the few every few meters or so... and the licences plate from the truck also starts to reflect and even at that point he still has time to react. OP was distracted or not paying close enough attention Some are arguing that we can see the truck because we are looking for it. . . then what are you doing when your driving? You definitely cannot just be looking straight ahead a few inches, you are periodically looking ahead so that you can anticipate and avoid things like this, like your blind spots and rear view mirrors..

In terms of "reaction" time he had enough time, OP was WAYYY to close before he noticed the truck and tried to avoid it, lets be honest here....way to close, that right there will be a strong point against him orrrr OP maybe is loosing his eye sight and not know it? lol but seriously guys, look at it, i'd like to vote in favor of OP but realistically here 9 times out of 10 he will come out at fault!

vanskees · 10-17-2018, 08:44 PM

Thank you guys for your input. It's up to the CHP and my insurance to figure out whose at fault. I mean, it's an accident. I'm cool with whatever the outcome is. Stuff happens.

But back to my original question... is my car done for???
I took down the videos, I think it kinda veered people away from my original question...

CRiZO · 10-17-2018, 09:32 PM

Yeah yo ride is ******

37zeroZ · 10-17-2018, 09:42 PM

The damage is concentrated on the driver side above the wheels/tires so I can't imagine any frame damage since it was more of a side swipe vice an impact. It helps your side bags deployed but I seriously doubt your car would be totaled by the insurance company.

solidus · 10-17-2018, 10:40 PM

Take your car to the dealer or the most expensive body shop you can find to get an estimate. Insurance is going to give you a number based on used , refurbished parts and cut rate labor numbers they pulled out of their butt. I just went through this with Progressive. They tried to say they could find a front bumper for 360.00 and a grill for alittle less for a 2017 Titan XD. They use a hole in the wall parts company that says they can get the parts at that price. When I called them on it they cut my check at what is about right. Don't take the first number because they leave float for error , and dont do a photo estimate because there are small items that coukd cost a grip that cant be seen.

dts3 · 10-17-2018, 11:32 PM

I'm glad no one was hurt... The most important thing.

If you do end up lawyering up and going to court, make sure that your lawyer understands that your dash cam has done some low-light filtering and processing, and the video may be much more clear than your sight picture that night. Don't trust that a lawyer will be tech savvy (probably best to assume that he doesn't even know how to check his email)

solidus · 10-17-2018, 11:56 PM

Court won't be an issue for him if he decides to contest the citation. The crash report has no bearing on whatever citation he might receive because he would be the only witness against himself. Any evidence that the officer writing the report has to present is considered hearsay and is inadmissible. At present the only evidence barring him not recognizing his 5th amendment rights is the dashcam video and aside from the fact that he posted it on Youtube, I'd venture to guess that his SD card was corrupted and probably won't be available for discovery. (If it were my memory card it would be corrupted by now anyway.) . I'd just go to court plead not guilty. If they officer is asked to give testimony , as soon as it was my turn to cross, I'd ask one question......."Were you there when this happened?" Survey says "No." I make a motion to dismiss, no fine no court fee , just the cost of a crap afternoon in a municipal facility. Then off to deal with insurance. For those who may doubt what I say on this find a friendly legit traffic lawyer and ask him. This is even simpler than avoiding a speeding ticket adjudication or an accident with occupants because in this case the defendant would be the only witness.

2011 Nismo#91 · 10-18-2018, 08:26 AM

Quote:

Originally Posted by solidus

You can question all you like. The FACT is that I could walk into any courtroom in the country and testify as an expert witness. If you were in a car under your control and that car comes into contact with a vehicle not in motion then YOU are at fault for failure to maintain proper stopping distance. If said vehicle were to have come to stop earlier in a travel lane and you contact it .....YOU are at fault.

And this is why insurance costs are insane in NJ. If you have an old shitty car just put out your turn signal and cut a driver off then slam on the breaks. Magically you get thousands of dollars plus a paid vacation for all the pain and suffering cause by the other driver failing to maintain control of their car.

Quote:

Originally Posted by solidus

Court won't be an issue for him if he decides to contest the citation. The crash report has no bearing on whatever citation he might receive because he would be the only witness against himself. Any evidence that the officer writing the report has to present is considered hearsay and is inadmissible.

This makes me wonder if you ever even been in a court room before, the officers show up to court. Hell, if this were the case everyone could get all traffic citations dismissed because they are all just hearsay.

bunk · 10-18-2018, 08:50 AM

Quote:

Originally Posted by 2011 Nismo#91

And this is why insurance costs are insane in NJ. If you have an old shitty car just put out your turn signal and cut a driver off then slam on the breaks. Magically you get thousands of dollars plus a paid vacation for all the pain and suffering cause by the other driver failing to maintain control of their car.

I was in a jury where a female doctor had hit another car on the freeway. The defendant was clamining pain and suffering, saying he couldnt sit or stand for prolonged periods of time, he couldnt play with his kids like he used to, etc...
If I recall, he was seeking 30k in pain and suffering. BUT in the 3 days that the hearing lasted, he sat in his chair the whole time, not even trying to look uncomfortable. Only standing up when the jury and judge entered the room.

Yes, the Dr. was at fault, but we as a jury didnt buy it for one second that the dude suffered the pain he claimed. We awarded him only part of the cost of the chiropractor..

MZ DAIZY · 10-18-2018, 11:05 AM

Quote:

Originally Posted by vanskees

Thank you guys for your input. It's up to the CHP and my insurance to figure out whose at fault. I mean, it's an accident. I'm cool with whatever the outcome is. Stuff happens.

But back to my original question... is my car done for???
I took down the videos, I think it kinda veered people away from my original question...

I like your attitude! It doesn’t look like a total, but you never know with an insurance company. Keep us updated and good luck!

solidus · 10-18-2018, 11:42 AM

Quote:

Originally Posted by 2011 Nismo#91

And

This makes me wonder if you ever even been in a court room before, the officers show up to court. Hell, if this were the case everyone could get all traffic citations dismissed because they are all just hearsay.

You guys kill me. Let me break it down for you. If you recieve an "on view" civil citation such as speed, violating traffic control device or equipment etc. , those are something an officer physically observed and can therefore can testify to what he or she saw. In 25 years I can say that maybe twice I can think of have I ever witnessed a crash in which I had to write the report. 99.9% of the time a crash happens, someone calls 911 and an officer is dispatched. When he gets there he "HEARs" what the people involved "SAY". He didn't actually see crap and in a court of law if you don't see something you are speculating unless you can prove it scientifically or otherwise. Precisely the same way that I can visually estimate speed and then confirm it with a laser speed measuring device. Then when I go to court I back it up with the certification of training and calibration of my equipment. So if you'd like to speculate on whether or not I've ever been in a court room why not put some money on it. That's about as third grade as I can put it .

Ghostvette · 10-19-2018, 12:07 PM

IBTL

Oh, and OP.... your car is totaled.... Mine had less damage, but once the airbag pops, the insurance company calls it done....

vanskees · 10-23-2018, 08:43 PM

Thanks everyone for your input! The adjustor got back to me on Monday, but I couldn’t get to them in time before they left the office for the day. My car is a total loss... I thought it’d be repairable...

Well, on to the next one

10-17-2018, 06:38 PM	#31 (permalink)
KCZ Base Member Join Date: Nov 2012 Location: NH Posts: 89 Drives: '03 350Z Track Model Rep Power: 3368	If I'd just heard the story..."I hit a truck that was abandoned in a passing lane around a corner in the dark"...then I'd say it's the truck owner's responsibility. But having seen that video, where the truck is visible well before the curve, where there's no other traffic in the right lane preventing a swerve, and where the video makes it appear there was time to avoid the truck, now I'd have to say the responsibility is on the OP. Should have left that video under your car seat. envisous, ChopsZ, MZ DAIZY and 1 others like this.

10-17-2018, 08:15 PM	#33 (permalink)
Asus_ Enthusiast Member Join Date: Sep 2015 Location: neverland. Posts: 348 Drives: 2011 370z T/S Rep Power: 1171	I'm sorry i really don't see any situation in where OP doesn't come out of this at fault, or best case scenario, partly. The truck IS visible, and very much so at 3 seconds, easily. . . not to mention there are lights above and the street is well lit so in terms of visibility, there is no debating, the truck had suffecient lighting around and above, hell even that really bright one that is pretty much right above the truck then you go the few every few meters or so... and the licences plate from the truck also starts to reflect and even at that point he still has time to react. OP was distracted or not paying close enough attention Some are arguing that we can see the truck because we are looking for it. . . then what are you doing when your driving? You definitely cannot just be looking straight ahead a few inches, you are periodically looking ahead so that you can anticipate and avoid things like this, like your blind spots and rear view mirrors.. In terms of "reaction" time he had enough time, OP was WAYYY to close before he noticed the truck and tried to avoid it, lets be honest here....way to close, that right there will be a strong point against him orrrr OP maybe is loosing his eye sight and not know it? lol but seriously guys, look at it, i'd like to vote in favor of OP but realistically here 9 times out of 10 he will come out at fault! Last edited by Asus_; 10-17-2018 at 08:27 PM.

10-17-2018, 08:44 PM	#34 (permalink)
vanskees Base Member Join Date: May 2018 Location: Los Angeles Posts: 3 Drives: 13 Nissan 370Z PW M6 Rep Power: 7	Thank you guys for your input. It's up to the CHP and my insurance to figure out whose at fault. I mean, it's an accident. I'm cool with whatever the outcome is. Stuff happens. But back to my original question... is my car done for??? I took down the videos, I think it kinda veered people away from my original question... MZ DAIZY likes this.

10-17-2018, 11:32 PM	#38 (permalink)
dts3 Track Member Join Date: May 2018 Location: Farmington Hills, MI Posts: 599 Drives: 08 Expedition Rep Power: 6765	I'm glad no one was hurt... The most important thing. If you do end up lawyering up and going to court, make sure that your lawyer understands that your dash cam has done some low-light filtering and processing, and the video may be much more clear than your sight picture that night. Don't trust that a lawyer will be tech savvy (probably best to assume that he doesn't even know how to check his email) 2011 Nismo#91 and envisous like this.

10-17-2018, 11:56 PM	#39 (permalink)
solidus Track Member Join Date: Oct 2014 Location: Orlando, Florida Posts: 694 Drives: 15' Nismo Black 6MT Rep Power: 10081	Court won't be an issue for him if he decides to contest the citation. The crash report has no bearing on whatever citation he might receive because he would be the only witness against himself. Any evidence that the officer writing the report has to present is considered hearsay and is inadmissible. At present the only evidence barring him not recognizing his 5th amendment rights is the dashcam video and aside from the fact that he posted it on Youtube, I'd venture to guess that his SD card was corrupted and probably won't be available for discovery. (If it were my memory card it would be corrupted by now anyway.) . I'd just go to court plead not guilty. If they officer is asked to give testimony , as soon as it was my turn to cross, I'd ask one question......."Were you there when this happened?" Survey says "No." I make a motion to dismiss, no fine no court fee , just the cost of a crap afternoon in a municipal facility. Then off to deal with insurance. For those who may doubt what I say on this find a friendly legit traffic lawyer and ask him. This is even simpler than avoiding a speeding ticket adjudication or an accident with occupants because in this case the defendant would be the only witness. StormWhite likes this.

10-17-2018, 09:32 PM	#35 (permalink)
CRiZO Track Member Join Date: Nov 2017 Location: Dallas Posts: 672 Drives: in traffic Rep Power: 20699	Yeah yo ride is ******

10-17-2018, 09:42 PM	#36 (permalink)
37zeroZ Enthusiast Member Join Date: Feb 2010 Location: Dallas Posts: 346 Drives: Truck Rep Power: 14168	The damage is concentrated on the driver side above the wheels/tires so I can't imagine any frame damage since it was more of a side swipe vice an impact. It helps your side bags deployed but I seriously doubt your car would be totaled by the insurance company.

10-17-2018, 10:40 PM	#37 (permalink)
solidus Track Member Join Date: Oct 2014 Location: Orlando, Florida Posts: 694 Drives: 15' Nismo Black 6MT Rep Power: 10081	Take your car to the dealer or the most expensive body shop you can find to get an estimate. Insurance is going to give you a number based on used , refurbished parts and cut rate labor numbers they pulled out of their butt. I just went through this with Progressive. They tried to say they could find a front bumper for 360.00 and a grill for alittle less for a 2017 Titan XD. They use a hole in the wall parts company that says they can get the parts at that price. When I called them on it they cut my check at what is about right. Don't take the first number because they leave float for error , and dont do a photo estimate because there are small items that coukd cost a grip that cant be seen.

10-19-2018, 12:07 PM	#44 (permalink)
Ghostvette A True Z Fanatic Join Date: Aug 2013 Location: Shawnee KS Posts: 5,698 Drives: 15 Magma Red 6MT Rep Power: 2684377	IBTL Oh, and OP.... your car is totaled.... Mine had less damage, but once the airbag pops, the insurance company calls it done.... wideglideleon and StormWhite like this. __________________ 2015 Magma Red 6MT Sport Tech/2012 Fairlady MB 6MT Base (RIP 08032018)https://www.nicoclub.com/FSM/370Z/Coupe/

10-23-2018, 08:43 PM	#45 (permalink)
vanskees Base Member Join Date: May 2018 Location: Los Angeles Posts: 3 Drives: 13 Nissan 370Z PW M6 Rep Power: 7	Thanks everyone for your input! The adjustor got back to me on Monday, but I couldn’t get to them in time before they left the office for the day. My car is a total loss... I thought it’d be repairable... Well, on to the next one