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  #1  
Old 09-10-2009, 10:45 PM
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Tragedy Has struck

First off, Me, my wife and 10 year son walked away from this literlly unscathed. I've felt worse after a day at work.

Anyway, on 8/26/09 on the way home from a 3 day vacation at Crater Lake, Oregon, 10 miles from home, this woman somehow lost control of her car on the dry pavement, spun out from the right hand side of 4 lanes and came to a stop directly in front of me in the far left lane. No time to even say "Hang On"

There were cars to the right of me and few car lenghts ahead so I couldn't see her until it was too late. She was facing the right direction but sliding across the freeway as if she was power sliding in to parking spot. WTF?

First, (once she came too) she gave the state patrol her insurance information which turned out to be for a motorcycle. I thought I was going to have to deal with an uninsured motorist. Thank God she does have car insurance.

Then, she made a claim against me for rear ending her on the freeway When my adjuster got her statement, she was all over the road (similar to the way she drives). She said that she was in one of the right hand lanes, tried to move left, someone honked, she moved back in to her lane and that's when I rear ended her. She didn't know what lane she was in when I hit her and didn't think she was in the left lane. They did give her a breathalyzer test before she got in to the ambulance but I haven't heard anything back yet. I don't even have a police report yet. I hope that BEOTCH was drunk because otherwise, my only other option for defense is what's called the "emergency doctrine." It basically states that if something happens that's not your fault and there's no time to react, you may not be held liable for damages that occur.

Unfortunately, that's not going to pay for my car.








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  #2  
Old 09-10-2009, 10:52 PM
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Glad all of you are okay as well as the other driver. I understand your rage. And this is just another reason why we like to drive this big, old cars ---- because they are very safe.

Take care.
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  #3  
Old 09-10-2009, 10:53 PM
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Sorry about the car but that's what you have insurance for. did you get any whitnesses? If so don;t worry. They can corroborate your story. If not be prepared to duke it out in court and dont let the insurance Co settle without a trial. you can also sue here in civil court for negligence. Good luck. Sorry your nice wagon got trashed.
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  #4  
Old 09-10-2009, 10:55 PM
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ouch... another lost wagon.

If its any consolation, my wagon once looked just like that. I would not recommend fixing it, in retrospect.
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  #5  
Old 09-10-2009, 10:55 PM
t walgamuth's Avatar
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Too bad!

YOur wagon was looking fine too.

I bet you'll be all right financially. Document your car's value well and don't take the first offer from the adjuster unless it is a decent one.

Glad you are ok.
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  #6  
Old 09-10-2009, 10:58 PM
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Sorry to hear about your accident. The vehicle did it's job and your alive to write about it. There's was a wagon on Denver Craigslist in need of an engine a few weeks ago. Don't know if it's still available.
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  #7  
Old 09-10-2009, 10:58 PM
Craig
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I'm very sorry to hear about the car, but I wouldn't call it a tragedy if everyone is OK. Dealing with the accident, police, and insurance will be a PITA but it's nothing compared to having someone injured. I would start collecting evidence to document the value of the car so you can deal with her insurance company.
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  #8  
Old 09-10-2009, 11:05 PM
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I don't even know if the engine is OK. I finally got the hood open and the driver side engine mount is broken in half, the throttle lingage is jammed in to the firewall and all the components in the front are one with the radiator.

I guess the engine mount giving way would lead to the transmission being ripped off it's mount and support.

There were witnesses that stopped but, unfortunately they were behind me so I don't know how much help they will be in describing what happened other than me hitting her. I sure hope they can.

Thanks for the moral support...I'll get over it eventually.
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  #9  
Old 09-10-2009, 11:06 PM
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ouch thats why I always a leave at least car length or 2 in front of me since they are moronic drivers who have no concept on how long it takes to stop at a certain speed.

As for the engine my brother hit a deer a month later the engine spun a rod bearing due the deer hitting the front of the car and pushing in the radiator and other parts
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  #10  
Old 09-10-2009, 11:19 PM
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Thanks Oracle but I had open road in front of me. I wasn't following anyone. She slid across the freeway in front of the people in the lanes to the right of me. They could see her...I couldn't.
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  #11  
Old 09-10-2009, 11:21 PM
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Dan, Stella don't look so good, but she sacrificed herself protecting you and the family, and thankfully you're all OK. Its sad to see the loss of such a nice looking wagon, but cars are replaceable.

Even if the other driver wasn't drunk, the inconsistencies in her account of what happened (she says moved back into the right lane, and then you hit her, but she was in the far left lane when you hit her) vs your account, which will undoubtedly line up perfectly with the police report, should be more than enough to show you were in the right and she was in the wrong.

As others have said, be sure to gather your documentation to show what your car is worth and don't take the first offer from the adjuster.

P.S. If you want to sell those wheels I'm interested. Kind of like Stella being an organ donor and part of her living on in my coupe
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  #12  
Old 09-10-2009, 11:33 PM
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Thanks for the kind words Bob.
I think I'll keep those wheels for Stella's replacement. I have a nice set of Bundts that..... nevermind.

There should be some nice blue interior parts for sale before long...Unless I find another China blue wagon. I've been looking for a replacement since 8/27

You all will be the first to see the pics.
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  #13  
Old 09-10-2009, 11:41 PM
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sorry to hear about the accident

but since you walked away unscathed, i'm going to have to call dibs on the clk wheels





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  #14  
Old 09-10-2009, 11:51 PM
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fix it! That car is repairable!!!
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  #15  
Old 09-10-2009, 11:53 PM
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pierre, we're looking at the same pics right, IMO that car isn't repairable.

The most important thing is that you and your family are safe. Sorry to hear about your wagon.

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1976 240D 190,000 miles
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