[Evolutionian]

So thurseday morning as i was on my way to work, was following a Honda Accord, after just pass the portman bridge, before the over pass, the Accord all the suddent had a hard brake then stopped, so i tried very hard and managed to stop before hitting her, then what do i get? a truck rear ends me and push me into the Accord, i bumped her twice because when i got hit hard my foot let off the brake.. so after the major hit the car still rolls forward and hit her lightly again before i could manage to stop the car completely.

damages:
truck behind me -> nothing
my z -> rear end pretty much gone, quarter panel on the left side gone, hatch gone, both front fender and hood gone, one of my headlight and tail light gone, and front end gone.
the accord in front of me -> rear bumper scratch and cracked

now the pics:
http://i300.photobucket.com/albums/nn21/riceaznn/Pics020.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics025.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics029.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics030.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics031.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics038.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics033.jpg
http://i300.photobucket.com/albums/nn21/riceaznn/Pics016.jpg





i drive a manual 350z red with nismo parts, 06+

first of all. i hope maybe someone on here saw what happend could help me out

as of now, ICBC is making me responsible for 50% of the accords rear bumper damage and 50% of my own front end damage.

I just cant stand the fact that even though i stopped fully before hitting her and got push into her, im been put at fault only cuz she felt 2 impacts and the driver behind me made a bs claim saying i hit the accord first.

I DID NOT HIT THE ACCORD FIRST, I STOPPED, WAS ON THE BRAKE, GOT REAR ENDED, SEND THE CAR ROLLING FORWARD, HIT THE ACCORD, THEN CONTINUE TO ROLL AND HIT HER AGAIN.

the accord clearly has no major damage.

can anyone help me out?

thanks!

[TOS'd]

Did you get the reason why the Accord braked hard?

[Evolutionian]

Did you get the reason why the Accord braked hard?

nope, she claims that the car in front of her was braking hard.

[fishing666]

wow that's a tough one. you did say you bumped her twice. does that mean you braked but still hit her then the truck guy bumped u into her again? if that is so, you are at fault.

How does icbc make you half responsible for your own dmg and the dmged car in front. Does that mean both you and the truck behind you is at fault and both of you get shafted by icbc?

if the truck guy had roadstar and just took the 100% responsibility for both ur Z and the accord's dmg, he would only pay like 80$ and since he has no dmg he doesn't need to pay to repair his own truck and ICBC would pay for all damages. the truck guy would lose 3-5steps(CRS i believe)

[jing]

No witness = gg

Pretty sure 50% liability doesn't affect your premiums

[Raid3n]

No witness = gg

Pretty sure 50% liability doesn't affect your premiums

it does. it's less than 25% is no effect.

OP: get a lawyer before you say anything more to icbc and don't submit any statements, definitely don't sign anything.

[Mr.Jay]

yea if no one saw this you are fucked thx to the truck behind you

with rear ends its almost always 100% the person who rear ends fault unless you can prove she stopped for no reason. At least its 50% which isnt too bad.

Besides ICBC has to blame someone for this, they can't blame her and they sure as hell ain't gonna be paying the tab for both cars free of charge.

case and point: truck fucked you over

[Evolutionian]

yes, i state again, i did not hit the accord when i first come to the stop.

when i got hit hard, my foot was off the brake pedal for a sec and thats why my car rolled a bit more to hit her again.

she only suffered bumper damage, which is my point, if i failed to brake then hit her, she would have more damage then a scratch and cracked bumper, not mention i got hit that hard by the truck.

i will look for a lawyer at this point.

[fliptuner]

Definately get a lawyer.

You should be entitled to full coverage for your car (not at fault/retain your discount), personal injury, loss of use. Unfortunately, you car sounds like a writeoff (probably not a bad thing, considering the amount of damage).

ICBC probably wants to ding both you and the truck so they can make more on increased rates for 2 vehicles instead of 1.

[3seriesBeeM]

Get a lawyer. Sorry to hear about your car that sucks. Hopefully everything works out well for you and the truck get what he deserves.

[Blinky]

yes, i state again, i did not hit the accord when i first come to the stop.

when i got hit hard, my foot was off the brake pedal for a sec and thats why my car rolled a bit more to hit her again.

she only suffered bumper damage, which is my point, if i failed to brake then hit her, she would have more damage then a scratch and cracked bumper, not mention i got hit that hard by the truck.

i will look for a lawyer at this point.

His word vs hers vs yours - don't ever count on this working out in your favour, especially when you rear ended someone else.

That said your story doesn't really check out.

Once you hit her car, your car will stop. It will not continue rolling forward.

As for the damage of her car versus yours - there may be damage that is not easily visible on her vehicle. Furthermore, the nose of your car dives under braking, which changes the impact angle.

[Evolutionian]

His word vs hers vs yours - don't ever count on this working out in your favour, especially when you rear ended someone else.

That said your story doesn't really check out.

Once you hit her car, your car will stop. It will not continue rolling forward.

As for the damage of her car versus yours - there may be damage that is not easily visible on her vehicle. Furthermore, the nose of your car dives under braking, which changes the impact angle.

like i said man, i made a full stop without hitting the accord, i hit her twice, but first time was a hard hit from behind which pushed me, my car did not stop rolling after hitting her car, so either i was pushed more or what, i was in gear tho, car stalled after ==

i hope it can work out in my favor because if the truck never hit me, nothing would have happened.

ill add pics.

[thumper]

have you consulted a lawyer?

it is unfortunate there are no witnesses outside of the involved parties :(

long time ago, my dad was the 3rd car back from a line of stopped cars at a traffic light on hastings st., and he was rear ended by a moving van. he was pushed into the car in front of him and that car hit the car first in line as well, which ended up crossing the stop line and was hit by cross traffic. my dad ended up being taken to the hospital so he never had the chance to get witnesses, but thankfully there was police and because the intersection was gridlocked there were plenty of people to talk to and the police took enough statements to make the moving van driver 100% at fault and my dad and everyone else did not get any blame.

[godwin]

You have to do a cost benefit analysis on hiring a lawyer.. I can't see how you are going to get much ahead by hiring a lawyer.. assuming it takes a few days of work at about $200/hour out of your pocket.

In ICBC's eyes you are supposed to keep a safe distance in front of you at all times (even when you have had stopped), it sucks during the day. You didn't do that, it doesn't matter to ICBC whether it is a cracked bumper or a full on frame damage, it is still a collision.

[VR6GTI]

Thats a tough one because you hit her twice. You must have been following to closely. Thats why ICBC is dinging you 50%. I would argue it out with ICBC the guy in the truck hit you which made you smash into the Accord so really he is to blame for all the damages.

[Mugen EvOlutioN]

You have to do a cost benefit analysis on hiring a lawyer.. I can't see how you are going to get much ahead by hiring a lawyer.. assuming it takes a few days of work at about $200/hour out of your pocket.

In ICBC's eyes you are supposed to keep a safe distance in front of you at all times (even when you have had stopped), it sucks during the day. You didn't do that, it doesn't matter to ICBC whether it is a cracked bumper or a full on frame damage, it is still a collision.

damn dude sorry to hear tat, i been in accident (got hit) 5 times. Never once was it my fault and let me tell you, arguing with ur ICBC is super lame and tiresome.

^

In tat case, if 350z STOPPED without hitting the accord, it STOPPEd didnt hit jack....how can ICBC blame him? what?!? that the accord slams on her break out of no where, 350z has better breaks so it manage to stop in time, the truck has shitty break so it hit the 350z...than the 350z got pushed. Now 350z and the truck has to split 50/50? that really sounds very unreasonable, better yet a pile of bullshit if you were to ask me

PS:

How come so much damage has been done to the front Z, and only scratches occur to the accord bumper

[Greenstoner]

i learned from my accident, always keep a distance even you are stopping in traffic...

[Evolutionian]

sigh.. new update.. fix bill goes up to 18k, insurance will be back to base rate no discount if i take the deductable, and lawyers cant seem to help, so now my only option is to take it to adjustes manager and whoever is on top.

sigh.. fuck this shit man.. i cant believe i have to go thru this even tho i didnt do jack shit.

[godwin]

What is super lame is you don't read the OP carefully and butcher the word BRAKE!

i bumped her twice because when i got hit hard my foot let off the brake


In tat case, if 350z STOPPED without hitting the accord, it STOPPEd didnt hit jack....how can ICBC blame him? what?!? that the accord slams on her break out of no where, 350z has better breaks so it manage to stop in time, the truck has shitty break so it hit the 350z...than the 350z got pushed. Now 350z and the truck has to split 50/50? that really sounds very unreasonable, better yet a pile of bullshit if you were to ask me

PS:

How come so much damage has been done to the front Z, and only scratches occur to the accord bumper

[tool001]

what was the time difference between the two hits.. i mean, from the first time u hit her and the 2nd.

[Mugen EvOlutioN]

What is super lame is you don't read the OP carefully and butcher the word BRAKE!

i noticed that, but doesnt matter once, twice or a million times.

IF OP TRULY stopped before the accord, technically god knows he didnt hit anyone. And thats gay for getting penautlize for something you didnt do.

[Evolutionian]

what was the time difference between the two hits.. i mean, from the first time u hit her and the 2nd.

i noticed that, but doesnt matter once, twice or a million times.

IF OP TRULY stopped before the accord, technically god knows he didnt hit anyone. And thats gay for getting penautlize for something you didnt do.

time difference is super short, about a sec or something, but the second bump is much lighter, as the bitch just cant realize it ==

and yes i truely stopped, or else i could esily do way moer damage up that accords butt.

[Mugen EvOlutioN]

18k damage to repair is for all three cars? or just yours

[freakshow]

Unfortunately, if the truck says you hit her (how would he really know?), and she says she felt 2 bumps, it's going to be a long uphill battle to get them to see your side.

[freakshow]

Also, what costs 18K? Is that 50% of the cost of your front damage and her rear damage? Sounds excessive.

[Evolutionian]

18k damage to repair is for all three cars? or just yours

18k is just mine

[Evolutionian]

Also, what costs 18K? Is that 50% of the cost of your front damage and her rear damage? Sounds excessive.

18k is whats gonna make my Z alive like factory again ==

so yeah.

[freakshow]

Is that only for the front? I assume that the truck driver is paying for 100% of the rear damage?

[Evolutionian]

Is that only for the front? I assume that the truck driver is paying for 100% of the rear damage?

nono we're talking whole car for 18k

the truck driver will pay 100% rear damage, and 50% front damage and 50% of the accords damage..

the sad thing is. the front of my car is gonna be expensive ==

[Mugen EvOlutioN]

18k is just mine

:eek::eek::eek: shit

i hate to say, its almost better to write it off

[Evolutionian]

:eek::eek::eek: shit

i hate to say, its almost better to write it off

haha well.. the maximum repair value ICBC is gonna do is 24k, so its far from that =="

[Greenstoner]

18k damge, have u calculated out how much you have to pay then ?

[124Y]

Wow man that really sucks... One of my friends has gone through something similar a few weeks ago and because his car got pushed into the car in front only once, ICBC ruled that the driver behind my frd is 100% at fault and has to pay for all the damage.
I guess it's that second bump into the Accord that made ICBC think you've collided with the Accord initially. Go talk to the adjuster's manager and explain what has happened. Hopefully it'll turn out well... good luck man.

[Evolutionian]

Wow man that really sucks... One of my friends has gone through something similar a few weeks ago and because his car got pushed into the car in front only once, ICBC ruled that the driver behind my frd is 100% at fault and has to pay for all the damage.
I guess it's that second bump into the Accord that made ICBC think you've collided with the Accord initially. Go talk to the adjuster's manager and explain what has happened. Hopefully it'll turn out well... good luck man.

thanks thats what im planning as all the adjuster so far will remain with their initial decision.. such bs..

[xpl0sive]

usually the middle person gets some of the responsibility for hitting the car in front. the argument is that if you were at a safe distance, your car would not hit the first car, but since you were so close, the impact caused you to hit the car. therefore, you did something wrong, being too close to the car, so you get some percentage of the fault... i dont know if you are gonna get anywhere with ICBC trying to argue fault assignment... my suggestion is pay for the damages, and go after ICBC for pain and suffering... claim all your injuries and get everything you can out of them... hopefully it will be enough to cover the repairs...

[Mugen EvOlutioN]

^

that route doesnt seem like an easy way out

I believe ICBC is quite crucial in terms of injury pay out

One of my close friend she got hit from the passenger side, and its been an year so far that she has being surfering tremendous amount of back pain. No bs,until today she is still fighting with ICBC with lawyer involved

[xpl0sive]

well i'm speaking from personal experience... settled for $6k for a low speed rear-end impact. damage to my car was just over $2k. i settled in 5 months, no lawyer

[Mugen EvOlutioN]

not too bad, i guess u had to continously hassel ICBC to get the most out of it tho eh

[Evolutionian]

sigh.. another update, the adjuster manager insist that i need a witness who has no benefits to make a statement to change anything, or small claim court is my best option..

fuck this shit ==

[Mugen EvOlutioN]

get a fake witness off RS, and screw ICBC since u didnt do shit.


:haha: jk


sorry to hear that tho, poor Z

[misteranswer]

To me, it doesn't make sense how the truck can push your car forward make you hit the car in front of you and then ur car maintained enough momentum to continue going to hit it again. Unless you were facing downhill, the laws of physics are working against you.

[fishing666]

18k damage is bullshit. It's a rip off. It's like nobody remembers stock mark crash just 1.5yrs ago. 18K is a shitload of money for repairs. These guys get like 20$/hr sitting on their ass distributing parts worth few dollars wholesale and sold for hundreds of dollars then u get charged 300% markup, add labour and double all of that and you will get 18k in damage.

[dai3yuen]

Let's have a look at this from a totally unbiased point of view.

Front car says they stopped and then got hit twice
Middle car says they stopped, got hit once but their car hits front car twice
Who knows what the rear car says, but he's probably saying that the middle car hit the front car first and then rear car hits middle car and middle car is pushed into front car again

Who do you believe? (and I'm in no way implying that OP is lying, just stating the facts)

ICBC is going on the balance of probability that middle car rear ended front first, before getting rear ended themselves and pushed into the front car a second time (based on the front car feeling 2 hits)

If you're looking at hiring a lawyer and going to court, your lawyer would have to convince the judge that it did not happen this way. What evidence can you provide that can prove this?

[hchang]

Shit dude, sorry to hear.

I think personally it'd be hard to dispute in court, as godwin mentioned above, play into effect how much lawyer fees would cost, and take that into consideration if it'd be worth it, or just taking a hit on your insurance.

ICBC would argue that you did not keep a safe distance cause if you did and you couldn't stopped further back.

And it's hard for you to prove that you did not hit him the first time. I think that there might be no way out of this...sorry dude. Lesson learnt I guess.

Also, what costs 18K? Is that 50% of the cost of your front damage and her rear damage? Sounds excessive.

It's a win win situation for ICBC if both drivers are at 50% fault because as long as each driver is more than 25% at fault, their premium goes up.

[Evolutionian]

THANKS GUYS! I have realize perhaps i got hit twice, or what, something made me hit the car hard and continue to roll into it again, after the first hard hit i was definitly not in control of what happens next, im to blame, as i could have easily avoid it by leaving EXTRA space, but we all know, 2+ car space = people changing into your lane.

its in the shop, i will pay deductable, and insurance will go up for 3 years, and back to current discount, so, its all good!

Thanks All!

[Evolutionian]

Just to make you guys believe me :) or not.

I DID NOT INITIALLY HIT THE ACCORD :)

but no witness.. sigh

[pinoy.solsi]

wow that's a tough one. you did say you bumped her twice. does that mean you braked but still hit her then the truck guy bumped u into her again? if that is so, you are at fault.

How does icbc make you half responsible for your own dmg and the dmged car in front. Does that mean both you and the truck behind you is at fault and both of you get shafted by icbc?

if the truck guy had roadstar and just took the 100% responsibility for both ur Z and the accord's dmg, he would only pay like 80$ and since he has no dmg he doesn't need to pay to repair his own truck and ICBC would pay for all damages. the truck guy would lose 3-5steps(CRS i believe)

lol.
he stopped b4 he hit the accord.. truck hits him he hits the accord his car is a manual so it rolled forward and hit the accord again...

[hchang]

Sucks that your insurance went up... but I guess that be glad that you got your health!

[hk20000]

next time hang back. who cares if someone cuts you off...look at the mess you got yourself into...geez prioritize.

[Gt-R R34]

Rear-ending = 100% liability, 99times out of 100. You're pretty good to have 50% for the front already.

ICBC stated policy, unless you have witnesses. Their opinion, no matter how you twist and change or however you want to put it. You did not give enough room to give yourself a full stop. In their minds, "if you held back far enough, even if she hard brake you will have room to stop."

[cococly]

Sorry to hear that :(. It is rather hard for ICBC to belive that the truck pushed you into the accord twice, unless the truck driver was stepping on the gas again after hitting you.


lol.
he stopped b4 he hit the accord.. truck hits him he hits the accord his car is a manual so it rolled forward and hit the accord again...

What does a car with a Manual transmission have to do with this?

[speedking]

THANKS GUYS! I have realize perhaps i got hit twice, or what, something made me hit the car hard and continue to roll into it again, after the first hard hit i was definitly not in control of what happens next, im to blame, as i could have easily avoid it by leaving EXTRA space, but we all know, 2+ car space = people changing into your lane.

its in the shop, i will pay deductable, and insurance will go up for 3 years, and back to current discount, so, its all good!

Thanks All!

then let them change lane. give way! give extra space in front of you and you will not get same problem next time.

[hchang]

Rear-ending = 100% liability, 99times out of 100. You're pretty good to have 50% for the front already.

ICBC stated policy, unless you have witnesses. Their opinion, no matter how you twist and change or however you want to put it. You did not give enough room to give yourself a full stop. In their minds, "if you held back far enough, even if she hard brake you will have room to stop."

But after you get over 25% at fault, your premium goes up. So being 50% at fault is just the same thing as saying 100% at fault.

[flagella]

No witness is very bad... it's basically a situation of he says she says. If truck driver continues to be a dick and bs about the story, then it doesn't seem like you have any option but to eat the 50%. I seriously feel for you though because I'd be extremely pissed if it happened to me. Best of luck.

[Evolutionian]

Thank you guys, aww Revscene makes me feel family LOL :D

but yeah.. i've spoken with the adjuster manager, and have actually learn their difficulties.. at least the body shop has basically guarenteed that the car will be back to factory spec.. with no problems, and my premium only goes up 1300 for 3 years, vs 18k damage for the whole car possibly 10k up in the front of the car which means 5k to pay if i have to cover 50% of it.. so i think its a pretty fair game. ill take the deductable :D

as for why a manual car would roll into the accord.. nothing to do with manual or not, but i knew my clutch was depressed and i was on the brake when i stopped.. but when i got hit the first time my foot slip off of brake pedal.. then either i was hit twice or it engaged 1st gear..

to be completely honest.. my memories of what happened has actually faded after trying to deal with pain and damage.. :(

THANKS AGAIN REVSCENE!

[Evolutionian]

car wont be at spring meet :(

[Marco911]

to be completely honest.. my memories of what happened has actually faded after trying to deal with pain and damage.. :(


Let me refresh your memory: You hit the car in frt of you. The truck hit you and you hit the car in frt of you again.

[Evolutionian]

Let me refresh your memory: You hit the car in frt of you. The truck hit you and you hit the car in frt of you again.

thanks, but no thanks, oh well, no one gives a shit now that theres no witness, so ill just pay the deductable =="

[Mugen EvOlutioN]

:(

[impactX]

How did the car roll forward? Did you not disengage the clutch when braking?

[Not really racist!]

poor 300z

at least you aren't fatally injured

[Hondaracer]

hitting the car in front of you twice = GG

hard to belive that you came to a stop, she rolled forward, then you hit her again..

[Evolutionian]

How did the car roll forward? Did you not disengage the clutch when braking?

i was hit hard, the accord was pushed foward when i got push into it then it stopped again but i guess my foot just wasnt reacting :( i cant make myself innocent anymore i see.. its hard to explain what happened and i guess thats why adjusters will believe that im lying

poor 300z

at least you aren't fatally injured

nope :) im glad im happy too. hopefully we can rush the work to be at Revscene Meet.

hitting the car in front of you twice = GG

hard to belive that you came to a stop, she rolled forward, then you hit her again..

its hard for me to prove too.. thats why i dont argue :)

[angus]

haha fake witness FTW

F--K i C b C before they fuck you...

[Mugen EvOlutioN]

^

somehow i kinda like that idea

got fucked by ICBC before, aint exactly fun