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: Need Advice - Was in a accident yesterday


dark0821
09-08-2017, 06:46 AM
Hey everyone,

I was involved in an accident yesterday around 1:00PM along Canada Way in front of Burnaby City Hall.

My dash cam video below:

https://www.youtube.com/watch?v=2h7yuTzLhso

Photos here

https://scontent-sea1-1.xx.fbcdn.net/v/t31.0-8/21427248_10100962261303593_4961739734100884714_o.j pg?oh=1adb5f3a200a17e8e381b068c2020373&oe=5A526813

https://scontent-sea1-1.xx.fbcdn.net/v/t31.0-8/21427360_10100962261348503_368746545924545235_o.jp g?oh=f61428f8129787f077cc03c1eaf871ea&oe=5A144844

https://scontent-sea1-1.xx.fbcdn.net/v/t31.0-8/21543818_10100962261413373_2051852464970451811_o.j pg?oh=0a0359107919e174347dacbfaecf8755&oe=5A4F4037

Thank you for the kind witness for sending me the photos, I didn't bother walking around taking photos as my right knee took the blunt of the impact... ambulance arrived and took me to the hospital. Got some X Rays, thank god no bones were broken...left the hospital with Tylenol and ice packs

I have already given my original SD card from the dash cam to the police officer, he met up with me at the hospital, my wife drove over with my laptop so I could make a copy of it on my laptop and leave the original with him

ICBC claim already made, and have already emailed adjuster the youtube video link.

Since I am pretty new to this kind of things, what are my steps going forward.

Lawyer has been signed, thank you everyone, will update when it is all settled and done.

***Fire fighters spent like 20min trying to get my hood to open, after finally prying it open with a crow bar... they walked over and asked where the battery was.... I had to tell them its in the trunk... and his face at the time was... priceless... asked if it was a modification, and I was like nope... came like that from factory where the battery is located at the back.

Any advice is greatly appreciate it, I am super new at this, and not sure what are my next steps.

TIA

TLDR
-was in accident
-no injury claim at this point, probably wont need it
-not sure what to do with car at this point with adjuster

Badhobz
09-08-2017, 07:25 AM
I ain't a lawyer but you should be talking to one. I also wouldn't post any details on a public forum especially regarding injuries. You never know. What if a few months down the road your knee is all fucked up and you already wrote that your fine. You have up to a year to do any claims for injuries.

SkunkWorks
09-08-2017, 07:32 AM
Damn dude, that is brutal. Hope you feel better soon!

For the car - best to talk to the adjuster about it. I would definitely start doing my homework and research however, better to have it handy now than later.

For yourself - follow up with your family doctor. If needed, I can introduce you to a friend of mine who's got 10+ years experience with ICBC injury claims. Car guy too.

vitaminG
09-08-2017, 07:35 AM
For injury I would just claim anyway, there's no harm in don't so. You never know with soft tissue, knee could still be hurting months from now. Plus icbc will probably just offer you a settlement for it anyway

!Aznboi128
09-08-2017, 07:56 AM
Hey man, that sucks I know what you're going thru. I would highly advise talking to a lawyer. When I was in an accident back in Jan I thought it was no big deal. However here I am 9 months in and my back still hurts and it has changed the quality of life by a lot.

Teriyaki
09-08-2017, 08:18 AM
Wow. Glad you got all that on dash cam to show that you had right of way on the green.

On a side note, amazing that the benz didn't cream the Sienna right afterwards...

dark0821
09-08-2017, 08:32 AM
I ain't a lawyer but you should be talking to one. I also wouldn't post any details on a public forum especially regarding injuries. You never know. What if a few months down the road your knee is all fucked up and you already wrote that your fine. You have up to a year to do any claims for injuries.

thanks man, yea, hence why I said "I think", because so far I am okay... thought this morning is definitely worse than yesterday. That or I am just over sensitive now... had no dizziness yesterday at all... but now I feel like having a headache and my neck/back/and my right knee joints are not improving yet...

So I am not sure at this point...

meme405
09-08-2017, 09:34 AM
What was that person thinking. :fulloffuck:

As for the damage to your car. I'm going to go out on a limb and say that's probably a write off. If you had a passenger and that airbag had gone off it would definitely be, but right now as it sits, I'm only like 80% sure.

If it's not a write off, unfortunately you are going to have a tough time getting money back for loss of value. Others have tried, and some people say that they know a friend of a friend who sued in small claims and won some money. But I've never heard of a first hand account of it.

boibuddha
09-08-2017, 09:52 AM
Soft tissue injuries from car accidents show up roughly 48 hours later. That's when I would see a doctor, then they could truly assess your injuries.

Dragon-88
09-08-2017, 09:54 AM
thanks man, yea, hence why I said "I think", because so far I am okay... thought this morning is definitely worse than yesterday. That or I am just over sensitive now... had no dizziness yesterday at all... but now I feel like having a headache and my neck/back/and my right knee joints are not improving yet...

So I am not sure at this point...

Injuries will always feel worst the next couple days. So the first day you really cant say you arent injured as your body is typically shocked from the incident and tenses up.

Get prices for the car and build a profile up. Wait until ICBC decided what they will do with the car and let me make the first offer. You might get more than you'd expect especially since its 100% not your fault.

My buddy just got his 05 RSX-S written off a couple months ago. He paid $5k for the car and we were all expecting ICBC to come back with a payment of $3k or less. Surprisingly ICBC came back with an offer of $7500, as they couldnt find a similar vehicle with low mileage and he wasnt at fault. So it turned out better than expected. Hopefully the same works out in your favor. But I would definitely claim injuries cause the airbags deploys which is quite a jolt.

Dont sign anything until you talk to a lawyer or if you're happy with the outcome.

mdnx
09-08-2017, 11:10 AM
First thing first, you should see your doctor right away so there is a recorded visit should you chose to claim for injury further down the road as they tend to pop up later. I had a similar accident with a left turner totaling my vehicle and now 1 year later my shoulder still hurts on and off.

I agree with meme405, that your car will most likely be a write off. Friend of mine totaled her lancer 3 months ago with a similar accident and icbc wrote it off.

Good luck and hope you have a speedy recovery.

Traum
09-08-2017, 11:12 AM
From my experience through both sports injuries and car accidents, family doctors -- with all due respect -- have very poor knowledge about soft tissue injuries. Get yourself to your family doctor to have him note down the incident, get a referral to see a physiotherapist, and then look for a physiotherapist that you know will spend time to give you a thorough functional assessment of your knee and possible a quick inspection of your hip as well. Your knee is connected to your leg, and your leg is connected to your hip, so there is a chance the impact could throw something off.

TypeRNammer
09-08-2017, 11:16 AM
First off don't tell yourself that you will be fine just based off the initial accident. You're gonna start feeling it the next couple of days and that's when you need to see a doctor.

I too was involved in a MVA earlier in the year. I went to back to work later in the evening, but realizing the next day everything started to hit me. Booked off from work and was out of commission for 5 months.

I'm back to work now but it hasn't been the same.

320icar
09-08-2017, 12:21 PM
Fuck man my heart sank just watching that.... I will say though kudos to the Mercedes driver for staying in control and dodging the minivan

Lomac
09-08-2017, 02:48 PM
To echo what others have saying, don't rule out injury just yet. At the very least have it checked out after the weekend to see if anything has begun to form or start to show. But don't be an ass and go for an injury settlement if there's nothing actually wrong.

That said, if there is something wrong, don't do what I did and make sure you deal with it properly. My left shoulder and arm is still fucked from an accident back in '01 that I never let heal properly. Don't affect my day-to-day life, but it will still flare up at the most inopportune time and it sucks.

Mr.Money
09-08-2017, 03:23 PM
that's sure one long fucking green light to be running :rukidding:

Liquid_o2
09-08-2017, 03:56 PM
I was in an accident last year. Impact was only at 20 km/hr. I thought I was fine after the accident, but within 24 hours my neck tightened up. Took 5 months of massage and then physio to finally be good enough to fully resume sports and gym.

Wait a 48 to 72 hours and then see a doctor. If anything, they need to record it in your file..

RE-Jo
09-08-2017, 04:40 PM
Definitely speak to a lawyer.

CorneringArtist
09-08-2017, 05:28 PM
Airbags deployed changes what factors into the car being written off, but if the engine or transmission suffered physical damage, they might go that route. Just looking at it, you won't know for sure if there's frame damage until the bumper comes off, and even then it's hiding additional parts that need to be replaced. If the estimate begins hitting write off value after your body shop supplements ICBC initial estimate, then they may start calculating whether or not it will be worth it to them to fix it, or write it off.

If the car does get fixed, have receipts ready to get your aftermarket parts replaced. ICBC will not cover depreciation as a result of a claim, unfortunately. That said, how the fuck does anyone mistime that kind of gap?

geeknerd
09-08-2017, 05:36 PM
The accident was yesterday. Even when you work out, you're not sore until the next day or two. I'd hold off on saying you're ok.

twitchyzero
09-08-2017, 06:32 PM
sorry about your Evo

I honestly wouldn't immediately worry about your car over the weekend...get some much needed healing time first.

can I ask if you remember how you were sitting? the brunt of the impact seems to be the passenger side, was it the steering wheel your knees banged into? PM me if you don't want to post the details publicly.

wow the Sienna was inches away from being smoked

dark0821
09-08-2017, 11:39 PM
i was sitting in regular position, nth fancy... its just the airbag hit my knee dead on... and since my right knee was above my left knee at the time... my left foot at the point of the impact was fully depressing the clutch...my right knee took the full impact of dash panel that was pushed out by the airbag

i thought i was okay at first right after the incident, its when i opened my door and try to walk.. i collapsed unexpected as my right leg didnt want to hold my weight at all... however i got back up afterwards and was able to walk to the sidewalk

68style
09-09-2017, 01:16 AM
Defensive driving! That Mercedes is freaking retarded, but god damn was it obvious that he was going to make that turn... front end lifting, wheels turned... dude, don't ever get a motorcycle license... I'd be dead 10 times over by now if I hadn't already braked/stopped for moron drivers turning left in front of me like this when on my bike.

twitchyzero
09-09-2017, 01:42 AM
^ dont know if it's fair to compare a bike that can stop on a dime...also most dash cam footage will have objects appearing further away than reality

I do agree that this could've been prevented if the braking started shortly after seeing the left-turner inching forward.

commonly-traveled route = less situational awareness?

looks like both him and the left-turner froze right before impact seeing how they converged into the same path instead of swerving...

sorry i know you didn't create this thread to be arm-chaired

its just the airbag hit my knee dead on... and since my right knee was above my left knee at the time... my left foot at the point of the impact was fully depressing the clutch...my right knee took the full impact of dash panel that was pushed out by the airbag


yes I see the Lancer has knee air bags and always wondered how effective they are...so it looks like it did its job and the warnings about not sticking your feet up on the dash as a passenger are warranted so your foot isn't sent through the windshield in an event like this

speedy recovery...glad a witness and dashcam will sort out most of the headache for the vehicle coverage

parm104
09-09-2017, 04:04 AM
PM Sent.

Qmx323
09-09-2017, 09:28 AM
Wow.... honestly that's just not a maneuver I would expect the MB driver to pull off... Can't even imagine their reasoning for that move.

Claim injuries, you're not really screwing the MB driver as that's what insurance is for. As previous posters have also said, soft tissue damage can surface long after the fact. I was hit by a car as a pedestrian when I was 15 and my knee problems didn't surface until like 8 months after.

Ch28
09-10-2017, 12:40 AM
There are a lot of people telling you to speak to a lawyer, but does anyone actually have any real life experience dealing with an injury claims lawyer?

There's so many of them out there nowadays that I imagine it'd be hard for OP to decide.

SkinnyPupp
09-10-2017, 03:47 AM
Defensive driving! That Mercedes is freaking retarded, but god damn was it obvious that he was going to make that turn... front end lifting, wheels turned... dude, don't ever get a motorcycle license... I'd be dead 10 times over by now if I hadn't already braked/stopped for moron drivers turning left in front of me like this when on my bike.
Yup he was accelerating into the intersection as well

OP is driving like either he's the only car on the road, or assumes everyone around him follows the rules absolutely perfectly. This was bound to happen eventually. Definitely don't ride a motorcycle

Verdasco
09-10-2017, 04:02 AM
rewatched it a couple of times and can say its 100% the mercedes fault. Even though it does look like you speeded up a little bit.

and not claiming injuries is lighting money on fire, you will get money lol. I was involved in two accidents in like three years. One of them getting my car written off.

You will notice injuries. On my first incident which was a small rear end bump, I felt the injuries a couple days later

Mr.C
09-10-2017, 10:09 PM
A lady ran a red light and hit my car. Low speed impact, but my neck still hurts six months later.

You need to talk to a lawyer.

dark0821
09-11-2017, 06:55 AM
thanks everyone, lawyer booked

fsy82
09-11-2017, 08:53 AM
From watching the video over and over..you did have some time to really slam the brakes on. I heard no screeching of tires on your part to show that you attempted to avoid the accident. Thats the only thing that ICBC might say to you

Urrtoast
09-11-2017, 12:28 PM
From watching the video over and over..you did have some time to really slam the brakes on. I heard no screeching of tires on your part to show that you attempted to avoid the accident. Thats the only thing that ICBC might say to you

I also agree , But I also noticed it seemed like he also kinda turned towards the passenger door. Where as had he stayed in the left lane and slowed a little it could have been avoided from what I can see. Might even be a 50/50 because he changed lanes in the intersection.
And we wonder why ICBC is raising rates.


Anyway
Good luck.

Gh0st
09-11-2017, 12:46 PM
I was in an accident last year. Impact was only at 20 km/hr. I thought I was fine after the accident, but within 24 hours my neck tightened up. Took 5 months of massage and then physio to finally be good enough to fully resume sports and gym.

Wait a 48 to 72 hours and then see a doctor. If anything, they need to record it in your file..

so true. my neck siezed recently and it kept having spasms sporadically but prominently under stress.

Chiro, Physio, and RMT for 6 months it's about 90% good and not noticeable but I think another 6 months to fully get back to normalness. The last 10% of recovery is stubborn.

Dbone
09-11-2017, 12:52 PM
I also agree , But I also noticed it seemed like he also kinda turned towards the passenger door. Where as had he stayed in the left lane and slowed a little it could have been avoided from what I can see. Might even be a 50/50 because he changed lanes in the intersection.
And we wonder why ICBC is raising rates.


Anyway
Good luck.

I think 50/50 seems a little harsh. I think you could argue the lane change was to avoid. I'm sure OP has watched this a million times and is wondering why he/she didn't do all sorts of things. It's always much clearer when you've seen the replay.

ICBC rates are going up for a bunch of reasons, one of which is that everyone is suing everyone else. It's half ICBC's fault for being such dicks in recent years. Now you have to take them to court since they don't seem to want to pay a fair amount.

hwangr
09-11-2017, 02:15 PM
Yup, passed by that intersection on Thursday, what a mess... I'm guessing it all was over in a flash and both drivers were just shocked at the situation. I would've been too if I was mindlessly driving going through on a green and the other car suddenly turned left. It's not like we are observant of every single minute detail per every single second that passes while we're driving...

swfk
09-11-2017, 07:34 PM
So sorry Jacky(Ray too if you're reading this), you really loved that car.

To answer your question on depreciation; I had a $10,000 claim in one accident on my VW GTI. I wasn't at fault and I was concerned I would be at a loss due to the accident if I were to sell. This is called accelerated depreciation.

Industry standards on depreciation IIRC is 50% of the repair costs. In one accident alone, my car with a $10,000 claim would have accelerated depreciation of $5000 compared to similar vehicles of the same year, model, and mileage. For example, $25,000 for an accident free car, mine would be $20,000.

You would need to find a vehicle appraiser to determine the value of your car and how much this repair would affect your plans in the future to sell. However, this is only worth pursuing if the car was in the hundreds of thousands of dollars in value. You would also have to actually sell the car so that this loss is actually realized, in order to prove the loss.

Seeing the airbag being deployed and the damage in the photo, I'm 90% certain the vehicle will be written off and the value will be assessed from before this accident.

Speedy recovery Jacky!

hchang
09-11-2017, 07:52 PM
I also agree , But I also noticed it seemed like he also kinda turned towards the passenger door. Where as had he stayed in the left lane and slowed a little it could have been avoided from what I can see. Might even be a 50/50 because he changed lanes in the intersection.
And we wonder why ICBC is raising rates.


Anyway
Good luck.

1) It's not illegal to change lanes in an intersection

2) ICBC rate hikes are because of bad management, increasing injury claims, and higher repair costs on more expensive parts and repairs on all the bells and whistles new cars have nowadays.

twitchyzero
09-11-2017, 08:21 PM
1) It's not illegal to change lanes in an intersection


is this true?

i thought it's the same as crossing over a solid line...technically not allowed but no one really enforces it

XplicitLuder
09-11-2017, 08:41 PM
it is true

Reeyal
09-12-2017, 06:13 AM
is this true?



Wow, I couldn't believe this is true. I had to go and looked it up.
Apparently, it is perfectly legal to change lanes in the middle of the intersection.
Calgary Traffic Ticket Tips (http://www.thepointman.ca/traffic-ticket-tips.php) Scroll down to: Traffic Ticket Tip: Intersection Lane Changes

When learning to drive 16 years ago, I was taught to never change lanes in the middle of the intersection...

SkinnyPupp
09-12-2017, 06:25 AM
Legal or not, that is a really stupid thing to do!

AzNightmare
09-12-2017, 11:03 AM
Wow, I couldn't believe this is true. I had to go and looked it up.
Apparently, it is perfectly legal to change lanes in the middle of the intersection.
Calgary Traffic Ticket Tips (http://www.thepointman.ca/traffic-ticket-tips.php) Scroll down to: Traffic Ticket Tip: Intersection Lane Changes

When learning to drive 16 years ago, I was taught to never change lanes in the middle of the intersection...

lol, here is the BC rules, although it's the same as Calgary.
Changing Lanes in Intersections | DriveSmartBC (http://www.drivesmartbc.ca/intersections/changing-lanes-intersections)

:fulloffuck: I feel there's no rule in place due to T intersections or the small pedestrian ones where it doesn't seem to make as big of a difference. But they definitely should have a rule for big intersection...

http://www.thepointman.ca/images/intersection-change320texture.png
This is why when I make right turns from inside streets, I try to make sure it's completely clear in every lane. Just in case of a lane changer.
But based on this new info, seems like maybe I should also wait until it's fully clear on big intersections too, since they can legally change lanes through the intersection...

subordinate
09-12-2017, 12:57 PM
Curious how much would it cost for a lawyer just to write a strongly suggested email/letter?

Shorn
09-12-2017, 03:31 PM
lol, here is the BC rules, although it's the same as Calgary.
Changing Lanes in Intersections | DriveSmartBC (http://www.drivesmartbc.ca/intersections/changing-lanes-intersections)

:fulloffuck: I feel there's no rule in place due to T intersections or the small pedestrian ones where it doesn't seem to make as big of a difference. But they definitely should have a rule for big intersection...

http://www.thepointman.ca/images/intersection-change320texture.png
This is why when I make right turns from inside streets, I try to make sure it's completely clear in every lane. Just in case of a lane changer.
But based on this new info, seems like maybe I should also wait until it's fully clear on big intersections too, since they can legally change lanes through the intersection...

i was always taught to have at least 2 lanes clear (if there's >2 lanes of course) when you're making a right. just seems safer. then you get all these idiots making rights when oncoming traffic has a left turn signal into 2 lanes and it's just super sketchy.

parm104
09-12-2017, 10:05 PM
Curious how much would it cost for a lawyer just to write a strongly suggested email/letter?

I don't think there are many lawyers (if any) that would simply write a letter in an effort to fight liability in an ICBC claim based on a flat-fee or retainer. Generally speaking, even fighting liability is a series of telephone and email negotiations and in order for a lawyer to do this, he would have to compile all the evidence available to him from the driver, ICBC and the third party.

When a lawyer helps a client fight a case to obtain a monetary value, it's usually contingent upon receiving a percentage of the money won. If a lawyer helps a client get $20,000 for a vehicle write-off, that lawyer would want a cut from that money he fought to get for the client.

As for speaking to a lawyer, I have reached out to OP and helped him understand the process of his claim, things he should do to ensure he gets better physically and how to protect himself from skipping out on treatments. Everyone should know that whether or not you are at fault for the accident, you are entitled to have medical treatments covered for injuries that have been sustained as a result of an accident. I believe most people are not aware of this and many lawyers will neglect to tell their clients.

I have gotten into the field of fighting liability as well as helping clients get fair compensation for vehicles that are written off. The power of a lawyer on a file with ICBC goes a long way, believe it or not.

I am happy to help answer any general questions for any members on RevScene that have had the unfortunate luck of getting into an MVA. The number one goal is to ensure you seek medical attention and have your medical providers assess your injuries so you can make a quick progression back to health. As mentioned earlier, your injuries won't usually become apparent until a few days after the accident and maybe even a few weeks. Lastly, as I mentioned to OP, an ICBC personal injury claim isn't a "pay-day." It's to simply make you whole again. When I work with my clients, I ensure we both have the same expectations and that is just compensation. Nothing more, nothing less.

hwangr
09-13-2017, 10:10 AM
Wow, I couldn't believe this is true. I had to go and looked it up.
Apparently, it is perfectly legal to change lanes in the middle of the intersection.
Calgary Traffic Ticket Tips (http://www.thepointman.ca/traffic-ticket-tips.php) Scroll down to: Traffic Ticket Tip: Intersection Lane Changes

When learning to drive 16 years ago, I was taught to never change lanes in the middle of the intersection...

I also thought it was illegal, I read somewhere it was but I guess I'm wrong. My dad taught me never to do it either...

ZN6
09-13-2017, 10:25 AM
What's worse than people changing lanes in the middle of an intersection is people signalling right and then blow through an intersection. :fuuuuu:

Qmx323
09-13-2017, 10:26 AM
My road test guy said to me after I asked if it was legal to switch lanes in an intersection way back in the day

"Just because its legal, doesn't mean its safe." Applies to many things in life.

twitchyzero
09-13-2017, 02:42 PM
What's worse than people changing lanes in the middle of an intersection is people signalling right and then blow through an intersection. :fuuuuu:

they could be just pulling into a driveway immediately after the intersection

always assume signals are used only for courtesy to communicate intent...it doesn't actually seem to matter when ICBC looks at cases.

meme405
09-13-2017, 03:51 PM
What's worse than people changing lanes in the middle of an intersection is people signalling right and then blow through an intersection. :fuuuuu:

Or how about not signalling then turning anyway. :fuuuuu:

subordinate
09-14-2017, 09:04 PM
Curious, did you already tell your injury adjustor anything?

I'd probably delete what you first posted, just in case.

twitchyzero
09-14-2017, 09:10 PM
are posts in an online forum associated with a username 'admissible' against a claim?

not saying OP isn't the one that got into the accident...unless they hired special investigators to confirm identity, this could easily be someone who pretends to be him, post a bunch of photos from his social media, links ICBC to the thread anonymously to skew a case?

/tinfoil hat

Valeonic
09-15-2017, 04:17 AM
Feelsbadforyourkneeman

thumper
09-17-2017, 06:40 AM
your dashcam video has made it to #2 here:
https://youtu.be/oZaUkhs_H-s?t=18s

Traum
09-17-2017, 09:06 AM
Is that with or without the OP's permission? If it was obtained without your explicit permission, I'd report it to YouTube. They tend to respond quite quickly to this type of thing.

dark0821
09-17-2017, 03:37 PM
^ Thank you for the heads up guys... Video reported.

No, I did not give permission.

mr_chin
09-17-2017, 06:14 PM
your dashcam video has made it to #2 here:
https://youtu.be/oZaUkhs_H-s?t=18s

Holy shit. That's some very slow reaction time on how to avoid that Mercedes.

- kT
09-18-2017, 08:07 PM
There are a lot of people telling you to speak to a lawyer, but does anyone actually have any real life experience dealing with an injury claims lawyer?

There's so many of them out there nowadays that I imagine it'd be hard for OP to decide.

yes, real life experience a few years back, and would absolutely recommend a lawyer - I'd recommend a lawyer because of my personal experience actually. if you're genuinely injured, and can prove it, you will need a lawyer, or you'll get screwed by icbc/their lawyers

if you're not actually injured and lawyer up though, you're a scumbag. but most icbc personal injury lawyers won't take your case if they suspect you're just trying to milk it anyway

AzNightmare
09-18-2017, 10:23 PM
^ Thank you for the heads up guys... Video reported.

No, I did not give permission.

lol :lol
I was just trolling and trying to get his attention.

https://i.imgur.com/em8QylL.jpg

Looks like that's taken care of now.
:fullofwin: