SENTENCED: Accident question (Total loss)

[AutobahnSHO]

Accident today for yours truly.  
Everyone was ok- a reported scratch from someone in the other car, and my son said his shoulder hurt some. (he's fine now though.)

I was heading straight across a single-lane 45mph highway and Did Not see someone coming from my right.
-I had a stop sign, they did not.
-The intersection is at the crest of a hill, with a sweeping curve.
-I thought they were going too fast for 45mph, my son (10yrs old,) said he thought they were going normal. He saw them right before we hit.

My front end hit them square on the driver's door. (a recent-model 4door Cadillac.)
-TOTALLED my front end: the engine was making weird noises but did turn on to drive it up onto the towtruck.
-Their driver's door was sliced open in several spots, totally dented in.
-my van was spun around 3/4 of a circle

The police took forever to get there. (called on a passerby's cellphone.)
-no other witnesses
-Police didn't cite anyone, just took notes in a little notebook.
-They were going to take pictures, but were directing traffic, had me roll the van out of traffic.
-Didn't say who as at fault. One of the officers said, "Thought you could make it, huh?" I said, "No, I looked and didn't see them. I don't know how fast they were going..."


Will I be at fault for this one??
(I have a previous accident in Germany (2004) , this will KILL my insurance if I'm at fault for all of it..)

[S204STi]

I'm not an LEO but it sounds like a classic Failed to Yield the Right of Way, in which case I would expect that you will be at fault.  Bummer dude.

[Eye of the Tiger]

Unless there is some admission or proof that the other party was speeding excessively, I think that the insurance company is likely to find you at fault since you did not have the right of way. You could bring up that the intersection on that hilly, curvy, two-lane highway may just be inherently dangerous.  For my summer job, I drive 200+ miles/day through those exact types of roads, and am in the habit of often slowing below the speed limit near many of the intersections. Oh, the people behind me get so pissed, but I have had too many close calls already, so fuck the tailgaters.

[S204STi]

Unless there is some admission or proof that the other party was speeding excessively, I think that the insurance company is likely to find you at fault since you did not have the right of way. You could bring up that the intersection on that hilly, curvy, two-lane highway may just be inherently dangerous.  For my summer job, I drive 200+ miles/day through those exact types of roads, and am in the habit of often slowing below the speed limit near many of the intersections. Oh, the people behind me get so pissed, but I have had too many close calls already, so fuck the tailgaters.

I have to agree with you there man, you gotta look after Number 1.

[AutobahnSHO]

Maybe they'll FINALLY put a light up there. 

I was the last in many accidents around a corner in Germany that they finally lowered the speed limit...

[AutobahnSHO]

UPDATE

Cop called and came over to get a statement. He said his SGT told him he had to write me a ticket for Failure to Yield.
$160. Sigh.

[MX793]

Even if they were speeding, you still failed to yield the right of way as you had the stop sign and they did not.  Unfortunately, I'm almost positive you'll be considered the at-fault party.

[Eye of the Tiger]

So, did you have full coverage on the van?

[AutobahnSHO]

Yes, the van is fully covered.
I should go get a picture, right?!

The bumper (and cover ) were torn off. The hood is crumpled, windshield on the passenger side is cracked. Antifreeze Everywhere. The passenger door opens fine, no interior damage, the driver door opens but with resistance. One of the headlights was on the ground but looked like it was undamaged (besides not being on the van.)

Sigh.

[AutobahnSHO]

Oh and i HAVE to go before a judge- I can't just pay the ticket. Yay for missing an afternoon of work.   

[Eye of the Tiger]

Yes, the van is fully covered.
I should go get a picture, right?!

The bumper (and cover ) were torn off. The hood is crumpled, windshield on the passenger side is cracked. Antifreeze Everywhere. The passenger door opens fine, no interior damage, the driver door opens but with resistance. One of the headlights was on the ground but looked like it was undamaged (besides not being on the van.)

Sigh.

You get to shop for a new one, then?

Oh and i HAVE to go before a judge- I can't just pay the ticket. Yay for missing an afternoon of work.   

Wat?

[S204STi]

Time for a non-chrysler van?

Whatever you do, cross ALL the GM minivans off your list.  Not one of them is well built in any sense of the word "well".

[AutobahnSHO]

Time for a non-chrysler van?

Whatever you do, cross ALL the GM minivans off your list.  Not one of them is well built in any sense of the word "well".

I HATE GM anything. I MIGHT drive a corvette or an Opel, if you gave me one.

We got the Dodge because the Hondas and Toyotas have over-inflated resell values. Since we have the "premium everything sound" and power driver seat, along with TWO WEEK OLD TIRES on 16" alloy wheels, OEM SPOILER!!!!, and my "custom 5 bucket seat configuration," I'm thinking I might have to buy it back from the insurance co. and build a franken-van.

IF they total it. (which my wife is convinced they will.)

KBB Retail is $5475. "excellent" private party is $4340.  I'd put it a little below excellent: some dings, scuffs on the rear bumper, carpet is somewhat stained.

[bing_oh]

Yea, no doubt a failure to yield for you. Even if excessive speed could be proven, you would still be at fault in the crash since you had the stop sign and are legally required to enter the intersection with due caution and yielding to other traffic.

Look at the bright side, at least everybody's OK.

[MaxPower]

Oh and i HAVE to go before a judge- I can't just pay the ticket. Yay for missing an afternoon of work.  

That sucks, but if there's a bright side its that you probably will have the opportunity to negotiate down to a different charge with a lesser fine.  

[AutobahnSHO]

That sucks, but if there's a bright side its that you probably will have the opportunity to negotiate down to a different charge with a lesser fine.   

What could be lesser?
The cop said his SGT made him write a ticket, he wasn't going to: so he wrote the least he could.   

[MaxPower]

I dunno. Maybe a non-moving violation?  I've never done traffic court so I'm not sure what the alternatives are. 

[bing_oh]

What could be lesser?
The cop said his SGT made him write a ticket, he wasn't going to: so he wrote the least he could.   

I guess you could try to negotiate to a no points, non-moving violation, but I don't see why the prosecutor would take such a deal (except to simply clear the court docket). The circumstances are pretty cut and dry. If I had been the investigating officer, you would have gotten a Stop Sign ticket.

[ifcar]

I HATE GM anything. I MIGHT drive a corvette or an Opel, if you gave me one.

We got the Dodge because the Hondas and Toyotas have over-inflated resell values. Since we have the "premium everything sound" and power driver seat, along with TWO WEEK OLD TIRES on 16" alloy wheels, OEM SPOILER!!!!, and my "custom 5 bucket seat configuration," I'm thinking I might have to buy it back from the insurance co. and build a franken-van.

IF they total it. (which my wife is convinced they will.)

KBB Retail is $5475. "excellent" private party is $4340.  I'd put it a little below excellent: some dings, scuffs on the rear bumper, carpet is somewhat stained.

When our Caravan was written off, it was probably in "fair" condition, but they gave a full "excellent" value right away. (By the other driver's State Farm.) Who's to say, really, what dings were already there?

Sorry to hear about the accident though. Glad everyone's okay.

[TBR]

Well if the airbags didn't go you have a chance, but it still seems likely it was totaled.

[ifcar]

Well if the airbags didn't go you have a chance, but it still seems likely it was totaled.

^Totaled.

Older and lower trim, but still...they'll total any older car pretty quickly unless it's held its value well. Many people prefer to get the full check than deal with a repaired car, so for the company it's the path of least resistance.

[TBR]

^Totaled.

Older and lower trim, but still...they'll total any older car pretty quickly unless it's held its value well. Many people prefer to get the full check than deal with a repaired car, so for the company it's the path of least resistance.

"Seems likely it's totaled..."

From the sound of it my Neon had a similar amount of damage (though the engine wouldn't start) and they wanted $6300 to fix it. That includes a couple grand for the airbags.

[ifcar]

"Seems likely it's totaled..."

From the sound of it my Neon had a similar amount of damage (though the engine wouldn't start) and they wanted $6300 to fix it. That includes a couple grand for the airbags.

I didn't say you were wrong. I'm elaborating, suggesting you probably didn't go far enough with just "seems."

[AutobahnSHO]

^Totaled.

Older and lower trim, but still...they'll total any older car pretty quickly unless it's held its value well. Many people prefer to get the full check than deal with a repaired car, so for the company it's the path of least resistance.

See, I just need to find your van, swap everything from the front doors forward onton mine, and be sporting a "two tone" van. :)

We just cleared 160k miles last week too.. 

[ifcar]

If that is what you're trying to do, junkyards are indeed loaded with Caravans.

[AutobahnSHO]

If that is what you're trying to do, junkyards are indeed loaded with Caravans.

I'm guessing it might be the cheapest option, but we'll see.
The Insurance Co. is going to tow it to South Carolina, which is kinda far away- I'd hate to pay for towing it back here to fix it up. :-<

[BENZ BOY15]

Sounds like what I did: failure to yield.

The Hummer H2 may have been going 70 in a 40, but I still didn't yield. I denied that it was my fault forever, but was convinced it was.

Glad everyone is okay!

[AutobahnSHO]

Sigh. The van is a total loss. (big surprise, right?)
So they gave me some ridiculous low value: $2500. It bluebooks (private party) for upwards of $3500. I'm digging up receipts to show that it was maintained and the new tires from last month.

Searching for vans it looks like we can Maybe get into a 2004-2005 Chrysler van for around $7k (80-120kmiles, less than our old one had at purchase.) Hondas and Toyotas are nice but over-rated (and over-priced.) I'm wary of dealing with a Ford or Kia van.
Thoughts??

Sigh.

[Eye of the Tiger]

Sigh. The van is a total loss. (big surprise, right?)
So they gave me some ridiculous low value: $2500. It bluebooks (private party) for upwards of $3500. I'm digging up receipts to show that it was maintained and the new tires from last month.

Searching for vans it looks like we can Maybe get into a 2004-2005 Chrysler van for around $7k (80-120kmiles, less than our old one had at purchase.) Hondas and Toyotas are nice but over-rated (and over-priced.) I'm wary of dealing with a Ford or Kia van.
Thoughts??

Sigh.

Here, you are presented with the perfect opportunity to rid yourself of the minivan curse, and yet you are looking for another one. Get a





Sigh.

[S204STi]

Sigh. The van is a total loss. (big surprise, right?)
So they gave me some ridiculous low value: $2500. It bluebooks (private party) for upwards of $3500. I'm digging up receipts to show that it was maintained and the new tires from last month.

Searching for vans it looks like we can Maybe get into a 2004-2005 Chrysler van for around $7k (80-120kmiles, less than our old one had at purchase.) Hondas and Toyotas are nice but over-rated (and over-priced.) I'm wary of dealing with a Ford or Kia van.
Thoughts??

Sigh.

The Dodge Caravan is probably your best bet if you can't afford one of the Japanese vans.  Seems like reasonable miles, if it was maintained well.