boostedf23

Hey, i've been on this forum for quite awhile and i am lookin to get an s2000 pretty soon, but today might make me think twice about it. OK. to the story... me, my sis, my gf,n, her bro, just bought BRAND SPANKin new boards bindings and boots due to the 50% off at big 5 yesterday with our chinese new year money. We left for mountain high today at 630am and it was raining like a mother outside (which is good cuz there should be alot of snow). We were driving on the 15(only going 45 b/c of the rain) on the far right lane jus past the 210(my gf was driving), then ALL of a sudden i see this blue s2000 on the 4th lane (thats on the side of us) thats spinning across the freeway. It spins three times missing two cars in the second and third lane. the s2000 and our 05civic collided head on with our front bumper and his front bumper on the driver's side.(HE WAS facing the WRONG side of the road.) We both collided and he spins another 180 and we both stop on the rightside of the freeway. i called the chp and AAA to get our car towed bak. The accident was pretty bad, our front lights ,bumper and hood was all dented inward. Also the radiator was dented inward and leakin radiator fluid.

OK so my question is what should i do? imma help my gurl call her insurance tomomorow since today is a holiday. I also exchanged info with the guy and took pix of both cars. the police didn't file a report cuz no one got hurt and said that it was our FAULT!!! WTH? the car came spinning towards us we did all we could. I dont understand. Please does anyone have any experiance with this? because this is my first accident i was in. Thanks for reading sorry if it is too long. well HAPpy new year to everyone! lol hope everyone has better luck.

Enthralled

Speak to an attorney about it.



peace

smurf2k

1. organize and express yourself in a more coherent manner
2. it sucks that the other party was the source of the accident, but your party is at fault for the secondary collision. though you did not cause it, you should have been able to avoid it.

understandly, it's frustrating. (i'd be pissed, too).

however, were in a position to make a ruling on the subject, i would side with the officer.

unless the circumstances were extraordinary, most of the time, in similar cases, you will be faulted

boostedf23

Its not our fault, there's nothing we could have done to avoid it. It was raining pretty hard, so i told my gurl to drive slower on the right lane. We were at least 10 to 12 cars behind the car in front of us. The s2k was 2 lanes away on our right side and it came spinning towards us perpendicular to traffic. come on... how is one really suppose to avoid that? Matter of fact, if we didn't collide then the s2k would've probaby ran of the little cliff.

stooken

1) did you get information from the other cars that s2000 missed? that would definitely help out your story
2) did you take pictures of the accident?

i honestly dont see how its your fault if you were on the far right lane and he was on the 4th lane. either way, you're going to have to call your insurance company to report this and get it fixed. if the cop didnt file a report then its your word against the other party. both insurance companies will just go back and forth. just do a good job explaining the situation over the phone so they dont think you're some young idiot kid trying to blame someone else.

try to find a lawyer you can talk to VERY soon. dont wait too long after the accident to call the insurance company. you might even be lucky that the s2000 owner is honest and claims he spun out.

s2kBryan916

First ..... If what the OP was saying exactly how the accident happend .... avoiding a car spinning (head on) at you isnt something you can expect every driver to be able to do.

Second .... if the officer really felt as if it was your fault, he either added all the pieces and stories and found that you were the cause of the accident or he simply didnt like you and blamed you (not likely).

Talk to your insurance and they should do all the work from here.

boostedf23

1: no those car barely missed and drove off. they didnt' stop.
2: yes i took pix of both the s2k and my gurl car

He seem like a cool guy. once we got out he said he was goin 50 or so and spun out. He knew it was his fault. I didn't have service there so he let me borrow his phone to call AAA, so he seem like a pretty nice guy. He jus bought an 03 blue s2k too. I think that we actually save him because if we were able to dodge him then he would've spun off the freeway.

are the insurance people going to ask for witnesses? because in my gurls car, there was me, my sis, my gf, and her bro. and he was the only one in the s2k.
Thanks for all the replies

Stephenopoly

What a dick! Its definitely not your fault here.... i hope it all works out.

typeszh

It does seem like it should be the s2k's fault. But they (Cops) will always say its your fault if you hit someone with your front aka following too closely. It will probably end up being a percentage split on who's fault it is. Sucks for your GF.

boostedf23

It wasn't really that we "hit" him because he was coming at a speed towards US.. so it was a collision of both cars. BUT the thing is that HE was FACING ONCOMING traffic. i mean.. if a car is moving towards u, facing u, how is it that the cops expect us to dodge that???

should'nt it be his FAULT because:
1. HE spun TOWARDS US.. perpendicular to traffic. ( he was about 2 or 3 cars in front of me BUT HE WAS ON THE 4th lane and i was on the 1ST lane.)
2: during the collision he was Facing Oncoming traffic (ME) with a velocity towards me. (so how is it my fault if he is comin at me?)

Questions:
1.The cop told us that it was our fault because we were too close to the car and we should've been able to stop. Can someone explain to me what we did wrong?

we did what we were suppose to do if there is extreme conditions on the freeway. 1. we drove at a slower speed (on the slow lane), 2. we let at least 10-12 car space in front of us. (knowing that if we needed to break we would have room). 3. i was keeping a very close look out of cars around us. the s2k was as least 1 or2 cars in front of us but TWO lanes away.