God damn it!

Post Wed Apr 08, 2009 8:01 pm

Argh!

Someone pulled out of a side road into my car 'cos I didn't have my indicator on apparently.. (which I did)

I was turning right, so was he (out of a side road).

Looks better than it actually is... Rear window is bent out, kink in the rear panel underneath window...

Underside of car twisted, door knackered.. Won't open.

Now sitting on my drive under a cover until the inspectors get here and right it off.

Post Wed Apr 08, 2009 8:39 pm

Bad luck,do you think they will right it off?

If they do will you buy it back,or not bother and move on.Might be worth fragging it if you do decide to buy it back.

Post Wed Apr 08, 2009 8:45 pm

Yeah... It depends how they value it.. it's a 12 year old BMW... Probably offer me nowt for it..

It's an expensive repair to do it properly by the looks of it... New rear panel, new door, new skirt.. and the underside is creased in, Door sill is creased.

It's got full Mtech kit on it, aircon, sports interior... Was in really good nick before this.

Don't think I'll have the space to take it apart..

Post Wed Apr 08, 2009 8:49 pm

Shame really,sounds like a nicely specced car,could be put on a jig to pull it out maybe?

Depends what they value it at,maybe worth getting a few printouts of some cars the same as yours incase they offer you silly money,that is of course if you want to keep it.

Post Wed Apr 08, 2009 8:52 pm

Well just been looking on Auto trader - Ranges from 2k to about 3k for a nice one with FSH, sports pack etc etc.

To be honest, with the damage done.. I'd rather not keep it. I think they'd rather write it off aswell... Would it be worth them fixing? Or throwing me some cash.. Hmm.

Post Wed Apr 08, 2009 8:55 pm

Sounds like you're gonna have a liability dispute on your hands before they offer you anything mate, unless you are claiming off your own comp policy

Post Wed Apr 08, 2009 9:02 pm

Didnt think of that beemerlad,insurers will do everything they can to NOT pay out!

Hope they sort it out though.

Post Wed Apr 08, 2009 9:03 pm

I have witness details (independant)? Would that not affect that?

And he was pulling out of a side road into a main road(which I was on)?

Thought it would be alright

Post Thu Apr 09, 2009 12:39 pm

So long as you have independent witnesses that say you were not indicating you'll be OK.

Post Thu Apr 09, 2009 2:07 pm

gutted for you mate... it makes me laugh how people who are at fault try and riggle out of it... the @unts.

Post Thu Apr 09, 2009 2:57 pm

Witness confirmed my story with the insurance, so the other party is completely liable.

Getting hire car tomorrow (at no cost to myself).

Car won't be inspected until next week though as it's the easter weekend.. But they think it'll be a write off.

Post Fri Apr 10, 2009 4:36 pm

Got loaned a Lexus 220d...

Hate it

Post Fri Apr 10, 2009 4:52 pm

E30BeemerLad wrote:So long as you have independent witnesses that say you were not indicating you'll be OK.

I'm sure you know better than me, but I didn't think indicators made any difference in ascertaining the at fault party in a collision?

Post Fri Apr 10, 2009 7:35 pm

Sorry to see that mate - it looked a very tidy thing when you posted the pics when you first got it.

Post Fri Apr 10, 2009 7:44 pm

you were travelling along the road when they pulled out and hit you? i would have thought you indicating or not wouldnt make a difference since you had right of way and they shouldnt be pulling out until your passed anyway?

Post Fri Apr 10, 2009 7:55 pm

sadly not, established caselaw dictates that if you are driving along the road with your left turn indicator on (say it didn't cancel) and you have fogotten about it and a car pulls out of a junction on your left into your path (relying on your misleading signal) you are 1/3 to blame for the collision.

Post Sat Apr 11, 2009 10:56 am

But if I was indicating to turn right and was turning right... and said car pulls out as I'm turning right?

Surely as I was mid turn even if I wasn't indicating (which I was!) it would be his fault anyway for pulling out?

Post Sat Apr 11, 2009 11:05 am

So, my car is the blue marker.. his one is the red marker:

That isn't the place of the accident, just an example.

Post Sat Apr 11, 2009 12:26 pm

I don't see 100% liability in either case here. The book would have it that you need to be parrallel with the central lines of the road you're turning on to before you make that turn. I hate to say it but it looks to me more like you may have been at least partly to blame here, for not giving enough room for both parties to maneuver. Although certainly him pulling out into your car is cause for him to take liability in any case. Your best defence is his excuse that he pulled out because he claims he didn't see you indicating. If I've missed anyting I apologise but thats how it appears on the face of it.

If the insurance companies contest this at all I suspect it could get prickly. Is there any option to not claim through insurance? Or are both parties committed now?

Post Sat Apr 11, 2009 1:19 pm

Too late I have a hire car... A witness confirmed my story aswell... I did wait until the central line to turn because he was waiting on his side of the road he was exiting from...!

So I really cannot see how it can be my fault that he hit me... He pulled out of a side road and into a moving car...

Surely a case of bad judgement on his part?

Post Sat Apr 11, 2009 1:22 pm

I know I keep doing diagrams etc.. but I really want to know how this could be construed as my fault...

If he hadn't have pulled out there would have been no collision...

Post Sat Apr 11, 2009 1:31 pm

The very same thing happened to me and my dent looked just the same, the car was mint as you like 1998 323 coupe and that was written off.

The thing that really pissed me off was that it was a little clio that hit me my car was written off and all he needed was a new front bumper and headlight, theres me thinking BMW's could take a beating or two!

Defeated by a french peice of shit

Post Sat Apr 11, 2009 1:31 pm

As long as you have witnesses that are reliable then you are OK.

The circs of your accident could be that the other party simply alleges you cut the corner, but it sounds like you have some ammunition, so all should be OK

Post Sat Apr 11, 2009 1:57 pm

pac1982 wrote:The very same thing happened to me and my dent looked just the same, the car was mint as you like 1998 323 coupe and that was written off.

The thing that really pissed me off was that it was a little clio that hit me my car was written off and all he needed was a new front bumper and headlight, theres me thinking BMW's could take a beating or two!

Defeated by a french peice of shit

Oh all the other car had was a few scuffs and a cracked numberplate... How gutting is that...!

Post Sat Apr 11, 2009 1:58 pm

E30BeemerLad wrote:As long as you have witnesses that are reliable then you are OK.

The circs of your accident could be that the other party simply alleges you cut the corner, but it sounds like you have some ammunition, so all should be OK

I got all my ammuntion from your sticky! Great advice.

Post Sat Apr 11, 2009 2:02 pm

Has it pushed the rear interiour side panel out? in mine the door was making contact with the seat and the rear card was pushed out as well

Post Sat Apr 11, 2009 2:04 pm

Yeah, and the drivers door card aswell..

Nothing is aligned anymore.

Post Sat Apr 11, 2009 2:09 pm

The expensive damage on mine was behind the sideskirt, it also knocked my front window out of line so it would no longer seal

Post Sat Apr 11, 2009 2:11 pm

Yeah my window is buggered.. Behind the sideskirt is creased in..

Sounds pretty similar.

Post Sat Apr 11, 2009 2:17 pm

Feel for you mate i know how bad i felt, looks like you had a minter as well.

Looks like we may have found a weak spot in the E36.

Someone told me the reason the damage was so bad was because the build quality is so good and solid on the E36 that the force of the impact spead all over the side where as on a car that was not built so well the door would have taken most of the damage and bent around other parts of the car.

Did that make any sence because reading it back it sounds a bit random

Post Sat Apr 11, 2009 3:45 pm

Aaah sorry. Hadn't appreciated that the guy was turning right out of the junction. In that case the indicators become irrelevant as he could have committed the same move and you potentially could have stopped and his car run into yours even if you were going to continue straight. Who's to say he would have missed you.

If a witness can corroberate that you were indicating or have it on cctv at all then the blame lies 100% with the other gy for coming out of a turn when his way was NOT clear. That would be the case if you were continuing straight or turning. I take it also that the road markings were such that he had to stop and wait also which further concretes your case.

Post Sat Apr 11, 2009 4:21 pm

Road markings are the same as any other street, there is even a turning box on the road I was turning out of that you go into, which I was in!

Post Wed Apr 15, 2009 4:37 pm

Well I've just had the assessor round and he left..

Phoned me back, BER.. As we thought.

I've agreed an amount with them.. Funnily enough they went up quite easily.

The car is off to the salvage yard tomorrow.

Bye car!