leaving the solara family. ;[

[i0crystal0i]

UGH. I hope no one else is experiencing my luck/bad luck. I HATE THIS TYPHOON/STORM business thats hitting California.

So the story goes like this: I'm a student here in NorCal. Its the first day of the storm and everyone is driving slow. I drove to school today on the right lanes and almost didn't brake in time due to everyone's quick panic to the puddles and such. After school was dismissed on the account of blackouts, I decided to drive on the left lane so I could drive as slow as I wanted without pissing anyone off (since it looked deserted). As I'm driving sorta down a hill of the freeway I hit a puddle and hydroplane and lose control. I'm close to hitting head on into the center divide, so I try to straighten out which causes me to spin and end up hitting the middle with my bumper. (Almost a perfect "T" with my front facing outwards) After dealing with my panic attack, I recollect myself and straighten my car out into the emergency lane and wait for my friends to get there. After time passes, my friends and the CHP comes, we wait for my tow guy to come because my tire had popped out of the car. We have some trouble with the tow guy and I've gotta call another. In the process of moving my stuff from my car to my friend's car, a Rav4 hits my car and makes it fly a few yards from the emergency to the center of the freeway. As I'm sitting in my friend's car, I look out to the passenger window to see my car smashed in. Thank goodness I was not a minute too late and was in my friend's car before the car had hit me, because I don't think I would have made it: I wouldn't be wearing a seatbelt and my car has no airbags. I've escaped with a scratch on my thumb because my nails dug in during the impact. I am however experience lots of muscle aches because of the whiplash. I went to the ER & was given some pain killers and have had an acupuncturist come to the house, so hopefully I'll be better.

There is good news in all this: When I had spun out, I had sorta dented the frame of my car in some places-- in which probably would have been totaled-- or not worth to fix, because my car was already a salvaged car when I bought it. Secondly, I have only one way car insurance, which means I would have had to pay for the car by myself. Also, in both cases where, my car did not hit any other car so no one else was hurt. (besides the lady who hit me, but I don't think it was severe.)

Questions I have is: Would this count as the other person's fault? I mean I was in PARK, in the EMERGENCY LANE, with my EMERGENCY LIGHTS ON. So technically, this lady hit a parked car. The CHP officer told me he would only file one police report, which is the second accident. (He was a pretty awesome guy because he waited with us while we were waiting for our tow and witnessed the whole accident.) It just makes sense doesn't it? Kbb tells me that in excellent retail condition my car can go for $7,730. I highly doubt it. I haven't done anything to deal with this accident because I'm in a good amount of stress. I didn't get the other person's information because she was kind of injured and the police officer made my friends take me home immediately. So I'm waiting for the police report but that won't be ready for another 5 days. I don't know what the police report says so I'm scared to report this to my insurance company because I don't know how to play this out as... I want to get a rental car to get me to work & school. Will the other person's insurance cover this? and my towing? Ugh, and my car is still in the tow yard too when I had specifically asked to be towed to my house.


WHAT SHOULD I DO?


ps. PLEASE drive carefully out there. apparently no matter how many precautions you take out there on the road, crap like this can still happen. just be EXTRA cautious.



these 3YEARS have been fantastic.
perhaps i'll join the family again
r.i.p baby </3

[DriDed]

I don't think you will get a ticket for the accident since it is not your fault imo.

Even if you weren't parked and you were rear ended, the person who crashed you would be at fault.

Cars are replacable, glad you are still here to talk about it.

Take care.

[Biggi_e]

damn that rav4 tore your solara up pretty bad..! glad your ok! hope you get this all situated out

[onefiend]

crazy accident, glad nobody was hurt.

I would think the driver of the Rav4 would be at fault for rear-ending you, their insurance should cover rental charges, I don't think tow-truck charges would be covered though.

[Chinky420]

glad you're ok

it can't hurt to try to claim it on the other person's INS, worst case senario is that they reject your claim, and you will have to deal with it on your own (but isn't that already the alternative to filing against the other driver?)

since the first incident didn't happen (i.e. if they can't prove it happened, then it never happened), then for all the other INS company knows, your car stalled out, or you lost your nerve driving in the rain, and needed to have a friend come pick you up (or any number of other legit reasons). after all, yes your car was in the emergency lane, and yes your vehicle was parked with its hazard lights on.

even if they can prove the first incident did happen, it's still undeniable that your rear end got demolished by that rav4. and for all they know, you were gonna fix whatever little scratch (and wheel) damage that had happened on your own (out of your own pocket)....they don't know that you were already calculating whether or not it was already gonna be totalled from the spin out.

i'd wait until the police report is filed, so that you can reference it when talking to the other insurance company. if they shoot it down, then you're just back to square one (getting your own rental, or finding another car to drive). if they allow it, you could be eligable for a rental (on their dime), and/or a totalled-out check (or repairs).

the whiplash and soft tissue soreness will go away in a couple days....and i hope your thumb feels better

[makethemusic72]

Just got into an accident myself. That looks a little worse than mine haha. I'm so sorry to hear that. I hope everything works itself out (It always does).

~Tyler

[SleeperSolara]

Glad you're ok.

[jetbtkng]

#1 glad your ok, #2 you were in the emergency lane, so its the ravs fault, #3 if your car was a salvaged titled car you wont get blue book value................

[LEE337]

Wow!
Life is crazy huh. One minute your hydroplaning into the center divide and the next your watching your Lara getting smashed. Glad to hear you werent inside when the RAV4 hit.

Hope everything works out for ya.
Go gettcha another one and come on back.

[yaddadaimsayin]

do you go to deanza? I know half the day of classes was cancelled cuz of blackouts. glad you're safe. we hardly knew ye and you're leaving the fam already!

[i0crystal0i]

do you go to deanza? I know half the day of classes was cancelled cuz of blackouts. glad you're safe. we hardly knew ye and you're leaving the fam already!

yess i do go to deanza. i'm always the white solara that parks in the second floor closest to the stairs of the parking garage nxt to the L buildings.

well i've got the first page of the collision report so far so i called my insurance company. they didn't ask any questions as to why i was waiting in the emergency lane or anything about the first accident. i think i may just play this as my tire popped out and i needed a tow truck? i did some research and found this link: http://www.answerbag.com/q_view/881149 i wonder if this can apply to me?

btw-- thanks for all the help guys!

whiplash is not my friend.. i'm super sore now. ugh, i blame this on school. and bad weather. ;[[/quote]

[SdeA]

Glad your ok.

[Projex0]

wow that rav4 destroyed that back end glad you were ok, make sure to get yourself checked out just to be on the safe side.

side note i hear de anza's parking is super packed that true?

[yaddadaimsayin]

yo yesterday was pourin crazy like a muthafukka. and it came outta nowhere too. there were trees knocked down all over the place on my way home. i haven't seen rain like that in years.

[Black Bob]

Put your mind at ease, even the most angry cop wouldn't cite you for bumping the median and then getting your car creamed in an emergency lane with hazard lights on. And being that the cop stuck with you it means he's somewhat of a decent guy. I foresee him mentioning nothing about losing control and hitting the medium during a downpour on the police report. He'll probably start the report to say you were in the emergency lane and you got rearended.

As far as your insurance company goes, being that you bought the car under a salvage title any monies you will receive from them will probably be small. In regards to fixing, I highly doubt they will fix the amount of damage that RAV4 did, the picture you've shown is a classic case of "totaled" even in my eyes. If your insurance company sends out someone to inspect your car, questions may arise how the frontal damage happened if it's not in the police report and you didn't mention it.

If you have medical bills piling up you can claim the first accident to get any bills and ailments covered IF they are covered in your insurance plan.

My advice: Get the RAV4's insurance information first (hopefully she has some) and call and say their insured slammed into the back of your car in the emergency lane with hazards flashing AND a cop as a witness. For right now, only inform YOUR insurance company that you were in a not-at-fault accident with witnesses and that you've filed a claim with the RAV4's driver. That all your insurance company needs to know right now. The RAV4 driver's insurance is responsible for paying for a rental car. If the RAV4 driver didn't have insurance then this may get messy where both of you may be out of luck. Keep us posted.