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    Accident in my Turbo

    Well started the NY with a bang. Came to a stop sign stopped and proceeded straight when bang! As I was just about to get to the other side of the road a car clipped my my right rear bumper spun me 360 over a curb and was facing south when I stopped, basically at the stop sign opposite of me beginning of the accident. The thing is that he had no stop sign and I did although he must of seen me coming and either purposely hit me or wasnt paying attention and ran right into my rear tail. The thing is my rear tailights are fine.

    Anyone have any idea what insurance is going to say?

    Re: Accident in my Turbo

    You had already crossed the road and he should've been able to prevent the collision. It would also be interesting to see what his speed was, since you did not see him when checking the road.

    Re: Accident in my Turbo

    Bummer!

    I'm wondering, if the RCMP showed up and cited either one of you. I'm guessing that at first blush it would appear you had not cleared the intersection and therefore would be found at fault for failing to yield the right of way. However, if the other car laid down 100 meters of skid marks, speed would have to be considered as contributing factor to the collision.

    In either event I'd say, if you have to file an insurance claim, you'll probably see an increase in your premium unless you have a flawless driving record with a top rated insurance company. If you can avoid filing a claim, I would do so, and save your policy for a really big shunt.

    Re: Accident in my Turbo

    I believe that in BC, there's only one insurance provider and also I was told that the Vancouver police will not show up unless someone was injuried. Apparently it's the responsibility of the involved parties to mediate those affairs. This is what I found out from my own experience a couple years ago. I actually got scolded for calling the police when I was involved in an accident where nobody was hurt.

    Re: Accident in my Turbo

    So its looking like my fault?

    Re: Accident in my Turbo

    Quote:
    PandaMan said:
    So its looking like my fault?



    On the face of it, yes.

    Re: Accident in my Turbo

    Iono doesnt seem very fair since the car had ample time to brake and pretty much purposely hit my car.

    So if I were to see a car infront of me and he was crossing the road I could pretty much accelerate and clip him in the very end of his car and it wouldnt be my fault?

    I mean if he T boned me fine...but him hitting my rear bumper just says he saw me coming and didnt brake or bother to avoid me and just clipped me in the very back.

    Re: Accident in my Turbo

    ^ Sounds like there is an aspect of "contributory negligence" here. The question for insurance is probably whether it is more your fault or his.

    Re: Accident in my Turbo

    pics

    Re: Accident in my Turbo

    dmg

    Re: Accident in my Turbo

    Almost inevitably if someone shunts you in the rear it's their fault so you should be OK.

    Really sorry to hear that your pride and joy has been damaged - I know how I felt when I had a coming-together with my last Boxster in Germany - but it looks cosmetic and I'm sure it will be repaired as new.

    Re: Accident in my Turbo

    Quote:
    PandaMan said:
    Iono doesnt seem very fair since the car had ample time to brake and pretty much purposely hit my car.

    So if I were to see a car infront of me and he was crossing the road I could pretty much accelerate and clip him in the very end of his car and it wouldnt be my fault?

    I mean if he T boned me fine...but him hitting my rear bumper just says he saw me coming and didnt brake or bother to avoid me and just clipped me in the very back.



    Why would he purposely hit your car? It's more likely you saw him, but didn't gauge his speed well enough (because he was going at a very high rate of speed). Were there skid marks? That would at least indicate he tried everything he could, short of swerving. Which, if there was that option, I don't know why he didn't do that, unless he was preoccupied with something else.

    Re: Accident in my Turbo

    If you have a stop sign and the other driver didn't, it's your fault. Unless he was traveling at an exceptionally high rate of speed, it is your responsibility to make SURE that there is NO oncoming traffic! Of course if this was in USA, you could "lawyer up" and prove the exact opposite of the actual facts.
    Too bad you had this happen, pay it off quickly and move on! We all make mistakes, but don't throw good money after bad!

    I FEEL YOUR PAIN!

    Re: Accident in my Turbo

    In southern CA the police will usually not show either unless there is an injury or the cops are really board on that day and have nothing to do. I am so sorry about the accident but I am glad everyone is well. Since the other party did not have a stop sign and there are no witnesses this will make your case very difficult. I was in the same situtaion once and I argued with my insurance company (AAA)so they would not increase my rate. Guess what??After two long phone calls I managed to convince them and my rate never went up. So fight with every cell in your body as you might win. Good luck my friend.

    Re: Accident in my Turbo

    Quote:


    Why would he purposely hit your car? It's more likely you saw him, but didn't gauge his speed well enough (because he was going at a very high rate of speed). Were there skid marks? That would at least indicate he tried everything he could, short of swerving. Which, if there was that option, I don't know why he didn't do that, unless he was preoccupied with something else.



    With most cars these days having ABS it must make it more difficult for accident investigators to determine speed etc., since they don't leave skid marks. I was hit from behind a decade ago by some kid who said I was weaving in and out through traffic and he swerved to avoid me. (I wasn't, I was in the same lane for at least 30 minutes) The cop said 'I measured the skid marks, they're 220 feet long... don't worry, he's getting charged with careless!'

    Re: Accident in my Turbo

    Quote:
    JoeRockhead said:
    Quote:


    Why would he purposely hit your car? It's more likely you saw him, but didn't gauge his speed well enough (because he was going at a very high rate of speed). Were there skid marks? That would at least indicate he tried everything he could, short of swerving. Which, if there was that option, I don't know why he didn't do that, unless he was preoccupied with something else.



    With most cars these days having ABS it must make it more difficult for accident investigators to determine speed etc., since they don't leave skid marks.



    Good point.

    Re: Accident in my Turbo

    Sheeeeeit. You had the stop sign not he. You are at fault.

    I'm very sorry that this happened to you a fellow Porschephile.


    Re: Accident in my Turbo

    I think the insurers will state that Pandaman crossed HIS path , specially when things get a bit ,, but ,, thats just my opinion..

    Hope you get lucky...

    Re: Accident in my Turbo

    I would strongly disagree. Pandaman didn't laurch from the driver's right side, but from the left. Thus, the driver did (or SHOULD) see him coming, but perhaps missed him due to inattention or just sheer high speed. He would have had ample time to start braking as soon as Panda started crossing from the left and the road also seems very wide.

    Re: Accident in my Turbo

    Quote:
    Crash said:
    I would strongly disagree. Pandaman didn't laurch from the driver's right side, but from the left. Thus, the driver did (or SHOULD) see him coming, but perhaps missed him due to inattention or just sheer high speed. He would have had ample time to start braking as soon as Panda started crossing from the left and the road also seems very wide.



    Crash (no pun intended), I agree with you. I believe that the other driver should have been able to react under most circumstances. Unless PandaMan floored it to cross the street, or the other driver was going way too fast, or just plain unattentive. Unfortunately, the other insurance company will probably make the argument that PandaMan should have just waited for the other car to clear the intersection before proceeding.

    Re: Accident in my Turbo

    So that means I could just accelerate and T bone cars and be like not my fault?

    Re: Accident in my Turbo

    Quote:
    PandaMan said:
    So that means I could just accelerate and T bone cars and be like not my fault?



    If that's what you want to do, try it. But why? What does that buy you. If we think logically, it doesn't buy anybody anything to purposely t-bone another car. And I'm afraid that's what the insurance companies would do, think logically. Plus, they don't want to spend a lot of time investigating cases. That means more money to them.

    Look, if you think it was the other person's fault, make your claim, and hope the insurance company sees it the same way. My experience (no I haven't been in an accident in years, and none ever, which was my fault, but my wife has been in plenty of accidents ). Anyways, my experience has been that if you make a solid case, the insurance companies would split the liability. Good luck.

    Re: Accident in my Turbo

    PandaMan, it seems like you're focussing too much on the potential ability of the other driver (who doesn't face a stop sign) to abuse his right of way by hitting your car with impunity rather than on the fact that, at face value, you didn't honour the stop sign for long enough to avoid the accident ever happening.

    I certainly agree that the other driver might be expected to have made more effort to avoid hitting you. However, given that he did unfortunately hit you, you have to look at who is actually to blame rather than what might have been.

    At the end of the day, it's up to you to decide how far you want to argue it. With the right lawyer, who knows, you might even be able to settle the claim without too much adverse consequences.

    Good luck and stay safe man

    Re: Accident in my Turbo

    Too many factors to say definitively. What were the road condtions. Was there a blind curve/crest. What was the lighting condtions? Did the other driver have his lights on if it was dark/dusk?

    In all likelihood since you had already cleared 90% of the intersection, and if he didn't slam on his brakes or attempt to swerve, he'll be found 70% at fault.

    If he did, he'll probably be found 50% at fault and you the other 50%.

    If he was driving with no lights on and it was dark, or at a rapid speed and there was a blind curve/crest were you couldn't see him and you crossed before he came flying - he'd be found 100% at fault.

    Re: Accident in my Turbo

    Unless there are other circumstances - The driver w/ the stop sign is responsible for making sure the intersection is clear to pass BEFORE entering, that's THE reason for the stop sign in the first place.

    Sorry this happened but glad no one was hurt.

    Re: Accident in my Turbo

    PandaMan, you never said if there was any damage to the other vehicle involved in the accident or if anyone was injured in the other car. If you can write a check to have your car fixed, you don't have a problem!! If the other vehicle was damaged then your insurance may be involved at somepoint if the other driver's insurance company subrogates back to your insurance carrier, based on if that person makes a claim under his own policy. If the other party has injuries then you would want to report it to your insurance company in the event of a possible liability claim under your policy from the injured party. Of course, insurance/liability may be different in Canada than it is here in the states (where it varies from state to state).It was my understanding years ago, automobile insurance was written through the Canadian government and lawsuits didn't happen on BI claims.???? Hope everything works out fine for you and your car.

    Re: Accident in my Turbo

    Geez Guys, Stradale is correct. There's an intersection and there's the right of way.

    If you are the only one facing a Stop sign in an intersection it means you do not have the right of way in that intersection.

    Principle: if you have a stop sign make DAMN sure there's nobody in or near the intersection that can/might hit you when you enter it.

    Yes, if the other guy is _not_ speeding he has every "right" to slam into you. He will say you pulled out in front of him while he had the right of way and he could not stop in time: period.

    If You Are Really Smart:

    If you have the stop sign and the guy with the right of way slows or stops and waves you on to go into the intersection: YOU WILL STAY PUT!

    Why? because he can purposely slam into you and collect insurance. In court he can say he was merely shoo-ing a fly and never gave you permission to get in his way so he did not have time to stop. NEVER fall for that trap: stay put.

    Think about it. You're a "rich" target for a scam because you're driving a Porsche. They have a junker car and would looooove to collect disability insurance from you for "whiplash."


    Re: Accident in my Turbo

    Pandaman - if you're going to fight this check to see if the "other guy" was on his cell phone - maybe that's why he didn't see you in time to avoid hitting you. Your attorney could get his cell phone records.

    Re: Accident in my Turbo

    Very interesting thread after all. I have no opinion, just a question for the lawyers/insurance experts on this forum.

    It seems to be Pandaman's fault because of the stop sign, But... to play devil's advocate:

    Isn't the basic rule of driving that at all times, REGARDLESS of whether you have right of way or no stop sign, you are supposed to drive at a speed safe enough to stop for pedestrian, car pulling out, etc.? What if it was a pedestrian crossing, not seeing the car, instead of Pandaman? I thought this is the basis for the "rule" that if you rear end someone, regardless of whether he's stomped on the brake, and regardless of whether he's justified in stomping on the brake, you ARE at fault?
    Wouldn't it be at least partially the other guy's fault, since after all he WAS the one hitting something?

    Re: Accident in my Turbo

    Another way to look at it:

    Runways have stop signs.

    If a taxi-ing plane goes thru stop sign and the landing plane hits it who is at fault?

    Same rule with streets (unless extraordinary circumstances like oncoming guy is drunk or was obviously speeding excessively.

    Ok, I'll shut up now. Very very sorry PandaMan.

     
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