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Old 01-05-2014, 06:49 PM   #15
Splat

 
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1st, i'm glad to hear that you and your wife walked away from this accident. I do hope your wife does make a quick recovery.

I have see cars in a lot worse shape, where the insurance company stilled fixed the car. Having the airbags deployed does not mean the car is totaled. It all depends on the year, mileage and the amount of damage. Just from this only pic, and your sig saying its a 2010.
I think the insurance my total it out.

From your story, it sounds like it might fall all on your shoulders. Just because the other party has the right of way if your making a left turn.

This is another reason why i hate people who put HID's in their cars when they were never equipped with then. Just blinding light to other people on the road.
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Old 01-05-2014, 06:57 PM   #16
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Where is the car now? I'd be worried if they total it all your mods in your signature will be going with it! I'd try to get possession of the car and start swapping parts. Do you have the parts to swap back to stock?

exactly what he said ^. I totaled out a car went to the yard to get my items and they would not allow me to take anything of the car. Get what you can now before insurance owns it.
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Old 01-05-2014, 07:00 PM   #17
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Totaled if airbags deployed. Sorry to hear
a car isn't totaled just because air bags go off, though that, with the additional damage would lead me to think it's totaled.
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Originally Posted by Ryanbabz71 View Post
He had to of been going pretty fast for that kind of damage


Ryan
not necessarily. cars are made to crumple up and take the force of any impact. doesn't take much to damage a car now a days.
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If your turn left it will be always your fault not matter what.
Did you get a ticket?
This most likely. when you turn left, you always have to yield the right of way.


and one last note, don't be sure sure someone had their high beams on. so many people out there are putting not only the brightest lights they can find on their cars, but lights their cars are not designed to use. just another way to be obnoxious for many. you see in in every car forum on the internet. the typical response when people tell them it's dangerous and they'll get a ticket for it is pretty much, "I'll just pay the ticket" not much different than peoples attitudes towards exhaust, smoked lights and so forth.

anyhow, good luck man. looks to me like it's a total loss. if not, I'd push for it.
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Old 01-05-2014, 07:15 PM   #18
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There are jurisdictions around here where if a person is 10+ mph over the speed limit then they loose their right of way - meaning if you pull out in front of them & they're speeding then they're at fault. However I would think it would be hard to prove unless it's so bad (like a death) that the police would spend the time/money/effort to find out.

IMHO it's totaled. Hopefully you have something along the lines of accident forgiveness so you don't see a huge rate increase. I'd be worried if the other people were injured & decide to come after you & your insurance company.

Best of luck.
Could you link that law you referenced about +10mph? Or give the state that has that law so I could look it up. I'm curious to read it.

Officer's don't determine fault at an accident. They write a citation based on whether a violation of the law occurred. It is up to the insurance companies to determine who is at fault, from the police report, citations and witness statements. Police just document what happened as a independent third party.






Generalizing laws across states here, but you NEVER have the right of way making a left turn, you must yield to all traffic no matter the direction.

Hard to determine speed from damage. Since these cars crumble so easily. A more telling tale would be the skid marks of the vehicles and the impact point. Simple physics will tell the speed.

Best of luck to you OP. Be thankful all your wife sustained was a bruise, Chevy did great manufacturing these vehicles for safety.
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Old 01-05-2014, 07:24 PM   #19
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Damn airbags total a car again....
Glad your wife is ok sorry about the car.
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Old 01-05-2014, 08:11 PM   #20
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Jez, that sucks! Did the guy on the ground survive?
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Old 01-05-2014, 08:14 PM   #21
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Here's an example of losing your right of way; Virginia 46.2.823:

http://leg1.state.va.us/cgi-bin/legp...0+cod+46.2-823

"The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article."

I didn't look up too much but this is the gist of it. Another way to look at it is you have the right to assume that other drivers will obey all laws. For argument sake let's say you are at an intersection where left of you is a hill where normally you can see all the traffic in time to turn left when traffic is flowing at a legal (or safe) speed. Now a car comes over the hill well over the speed limit, you never saw them come over the hill, and they hit you. Would you say that "when ever you turn left it's your fault"?
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Old 01-05-2014, 08:17 PM   #22
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that sucks but glad ur both ok. I say totaled if the main supports for the door are bent to much but hard to tell from the pick. Either way I would tell them you want a new car due to the event of accident and the car never being the same after. Good luck
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Old 01-05-2014, 08:28 PM   #23
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What now?

Take the insurance payout and put it down on a Z/28.

Sorry to hear it happened. Good luck, glad you both walked away.
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Old 01-05-2014, 08:30 PM   #24
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Quote:
Originally Posted by dkp2LT View Post
Here's an example of losing your right of way; Virginia 46.2.823:

http://leg1.state.va.us/cgi-bin/legp...0+cod+46.2-823

"The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article."

I didn't look up too much but this is the gist of it. Another way to look at it is you have the right to assume that other drivers will obey all laws. For argument sake let's say you are at an intersection where left of you is a hill where normally you can see all the traffic in time to turn left when traffic is flowing at a legal (or safe) speed. Now a car comes over the hill well over the speed limit, you never saw them come over the hill, and they hit you. Would you say that "when ever you turn left it's your fault"?

there's always exception to right of ways, but the problem is proving the other vehicle was speeding. especially if there aren't any skid marks, which there almost never are because of anti lock brakes.

so to answer your question, no, not always, but 95% of the time it will be your fault. just like rear ending someone. In this instance, a lot would depend on who, if anybody, got a ticket. The OP never said if he got one. if he did, then it's his fault. if the other driver was cited with speeding, then it might (you did cite VA law) be that persons fault. if nobody was ticketed, then each driver would most likely be responsible for their own vehicle. same would be the case if they both were cited.
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Old 01-05-2014, 08:33 PM   #25
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Thats a total
Shit happens, we all make mistakes and sometimes things happen on in a sequence that almost feels like you were doomed.
The good thing is that you and your wife are safe.
The camaro will definitly be totalled, thats sad, but you can get a new one. Not sure how sentimental your camaro is to you. Mine is dearly so this would be super tough.
In my country, your automatically at fault, if it was in a parking lot, its private property and it goes through your own insurance.
Your insurance is going to increase but atleast you have insurance to cover you for a new car and any injuries.
I got sideswiped, thought I was fine. After a few weeks I could feel my spine popping. My accident was a lot less severe then yours so double check with your self and your wife to make sure you two are physically fine.
Best of luck man, it couldve been worse
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Old 01-05-2014, 08:45 PM   #26
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Glad you all were not hurt worse. How your damages are handled depends on insurance laws in your state as well as your carrier. For example, damages have to be around 75% of a car's value to total it here. Insurance will only pay to refinish the damaged area. Unless you have an oem endorsement, the insurance company will estimate used, aftermarket, or reconditioned parts if they are available and cost effective over new. Again, depends on the insurance laws in your state. Now would be a good time to read your auto policy. Like others have stated, speed is hard to prove in an auto accident. Fault will depend on how the light was set up where this happened.
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Old 01-05-2014, 09:19 PM   #27
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Check into diminished value. My Miata was repaired after an accident and airbag deployment. I traded it about a year later and it was valued about $5k less than Edmunds or KBB estimates.
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Old 01-05-2014, 09:49 PM   #28
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You and your wife walked away. Period.

Cars are all replaceable and we carry insurance in case something like this happens. Ya it sucks but if you had been in another type of car, perhaps an old one, you both might be in the hospital or worse. Write it up to 5hit happens and be happy you are both OK.

But I feel for you loss, it sucks losing a car you like.
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