Goodbye :(

[duder13]

The unfortunate thing to me is, since I need a somewhat usable backseat, there really isn't a car I'd choose over the E82 from the last decade or two, so, as others have said, I'd try to just get another one.

[elitesales305]

sorry to hear.. I found a gem for my second .. it can be done.. buy the civic and wait for it to pop up...

[Tommm]

From what I've read, everything you are doing is bassackwards. if you filed a claim with your insurance, they probably have a rental clause. Don't say it is totaled until they tell you.

Take it to a decent shop and see what they say. Bottom line is you are screwed once you put the claim in. Might as well get all you can before they ream your rates. If you like the car fix it right. If htey dont total it and give you a check, decide if you want to fix it or sell it as is, or part it out, or or or.

[Gangplank]

It wasn't his fault so his rates shouldn't go up.

I do agree it may not be totaled. A good shop can fix it so it drives like new, even if it has minor frame damage. Hope it doesn't have major damage and your insurance just fixes it.

[asiflicious]

Originally Posted by gjm120

Sorry this happened and hate to see you go.

Look at marrying down to a 128i. They can be had cheap especially if you're willing to (gasp) settle for an AT. You know the cars and can have fun getting it to handle great. Sure it won't be very fast, but...

I've had an auto 128i before. It was a lot of fun but I can't bring myself to go back down again haha

[asiflicious]

Originally Posted by duder13

The unfortunate thing to me is, since I need a somewhat usable backseat, there really isn't a car I'd choose over the E82 from the last decade or two, so, as others have said, I'd try to just get another one.

There really isn't anything else as good as an E82/E92 for the price, that's for sure

[duder13]

Originally Posted by asiflicious

There really isn't anything else as good as an E82/E92 for the price, that's for sure

Hey, I'm not even saying for the price. I can't think of another car with a backseat that I'd trade for. All of the options out there are either too big, have electric steering, don't have a manual option, etc.

[Tommm]

Originally Posted by Gangplank

It wasn't his fault so his rates shouldn't go up.

I do agree it may not be totaled. A good shop can fix it so it drives like new, even if it has minor frame damage. Hope it doesn't have major damage and your insurance just fixes it.

It was his fault.

You write as if you were a witness. What you have is a one car collision, and no witnesses. If the car was parked, and it could be proven it was parked it wouldn't be his fault.

Insurance companies don't care about the OP's sob story about being hit and run. They have a damaged car and nobody to blame but the OP. Therefore, it is his fault.

I am not questioning the OP's story. I don't doubt it is the truth. This is the objective conclusion based on the facts. The facts are simple - one car + no witness + claim against own insurance = reaming. Sorry.

[Gangplank]

Originally Posted by asiflicious

It happened fast and it was dark out so I didn't manage to get a good look at the car. When he hit me, he basically PIT maneuvered me so I spun out and was facing the opposite direction when I got the car back in control. By then he was gone. From what I remember, I believe it was an SUV or crossover, but I can't be too sure

Originally Posted by Tommm

It was his fault.

You write as if you were a witness. What you have is a one car collision, and no witnesses. If the car was parked, and it could be proven it was parked it wouldn't be his fault.

Insurance companies don't care about the OP's sob story about being hit and run. They have a damaged car and nobody to blame but the OP. Therefore, it is his fault.

I am not questioning the OP's story. I don't doubt it is the truth. This is the objective conclusion based on the facts. The facts are simple - one car + no witness + claim against own insurance = reaming. Sorry.

How do you get there from what he wrote? I was basing my response on what he wrote above. I guess it all depends on what the police report says & his state's laws. I know if it were me I'd be sure my insurance company didn't assign me fault if I wasn't at fault.

And why so angry? Or your post seems angry.

[Tommm]

Originally Posted by Gangplank

How do you get there from what he wrote? I was basing my response on what he wrote above. I guess it all depends on what the police report says & his state's laws. I know if it were me I'd be sure my insurance company didn't assign me fault if I wasn't at fault.

And why so angry? Or your post seems angry.

No anger, tried to keep it short. It is harder to write something in less words. It isnt a question of state law. If there are no witnesses, and one puts a claim in for a one car collision with another car, or an immovable object, the insurance company will automatically blame their insured. They dont care what the insured says. Its business.

An analogy could be a one car collision where the guy who hits a guardrail because he skid on ice, or caught a pothole or or.

Insurance will blame their insured. Why? He was going too fast even if he was going 1 mph. He had the last clear chance to avoid the ice/accident.

In reality, every accident other than an "act of god" is avoidable.

[dtla1]

Originally Posted by Tommm

No anger, tried to keep it short. It is harder to write something in less words. It isnt a question of state law. If there are no witnesses, and one puts a claim in for a one car collision with another car, or an immovable object, the insurance company will automatically blame their insured. They dont care what the insured says. Its business.

An analogy could be a one car collision where the guy who hits a guardrail because he skid on ice, or caught a pothole or or.

Insurance will blame their insured. Why? He was going too fast even if he was going 1 mph. He had the last clear chance to avoid the ice/accident.

In reality, every accident other than an "act of god" is avoidable.

I got lucky in my hit and run in that I was able to limp quick enough (front tire quickly leaking air, and body damage) to call 911 and give the operator the license plate number as the other person tried to drive away, all the while I was endlessly honking my horn and flashing my lights.

They investigated, came back as registered far away. Cops went to the house, they said no one answered, and the car hadn't been insured for some time. Luckily I had uninsured motorist coverage so that refunded my deductible back to me, and I didn't have to pay out of pocket.

I've now been running a dash cam ever since for that extra just in case attitude.

Edit* I guess my reply doesn't really add much to this thread other than, dash cams are a good idea. I've heard insurance people say it's the best money you can spend since it'll go from a he said/she said scenario to actually having evidence.

[Esteban]

Originally Posted by dtla1

I got lucky in my hit and run in that I was able to limp quick enough (front tire quickly leaking air, and body damage) to call 911 and give the operator the license plate number as the other person tried to drive away, all the while I was endlessly honking my horn and flashing my lights.

They investigated, came back as registered far away. Cops went to the house, they said no one answered, and the car hadn't been insured for some time. Luckily I had uninsured motorist coverage so that refunded my deductible back to me, and I didn't have to pay out of pocket.

I've now been running a dash cam ever since for that extra just in case attitude.

Edit* I guess my reply doesn't really add much to this thread other than, dash cams are a good idea. I've heard insurance people say it's the best money you can spend since it'll go from a he said/she said scenario to actually having evidence.

Dash cam puts any doubt to rest. Seeing is believing.

With that being said, no, I don't have a dash cam. lol

But should...

PS - unless, of course said hit and run is out of the dash cam's viewing area.

[dtla1]

Originally Posted by Esteban

Dash cam puts any doubt to rest. Seeing is believing.

With that being said, no, I don't have a dash cam. lol

But should...

PS - unless, of course said hit and run is out of the dash cam's viewing area.

Yeah, even if you can't see the other driver in the dash cam footage, I wonder to what extent you would have to prove to someone that you could not have caused the accident/damage from your driving. For example, if the car is looking straight ahead and the dash cam records a nice 180* turn your car does, the video with the sound from it might be enough to prove that it wasn't your fault. I would hope that would be enough to prove you're not at fault, but we all know people make shit more difficult than it should be.

[Esteban]

Originally Posted by dtla1

Yeah, even if you can't see the other driver in the dash cam footage, I wonder to what extent you would have to prove to someone that you could not have caused the accident/damage from your driving. For example, if the car is looking straight ahead and the dash cam records a nice 180* turn your car does, the video with the sound from it might be enough to prove that it wasn't your fault. I would hope that would be enough to prove you're not at fault, but we all know people make shit more difficult than it should be.

Good point...

[asiflicious]

Originally Posted by Gangplank

How do you get there from what he wrote? I was basing my response on what he wrote above. I guess it all depends on what the police report says & his state's laws. I know if it were me I'd be sure my insurance company didn't assign me fault if I wasn't at fault.

And why so angry? Or your post seems angry.

Insurance decided I'm 100% NOT at fault. Police report also helped. Idk why the other guy has his panties in a bunch lol

[Esteban]

Originally Posted by asiflicious

Insurance decided I'm 100% NOT at fault. Police report also helped. Idk why the other guy has his panties in a bunch lol

Glad to hear they decided you're not at fault. Anything more on totaling it, or not? Or did I miss that?

[Gangplank]

Originally Posted by asiflicious

Insurance decided I'm 100% NOT at fault. Police report also helped. Idk why the other guy has his panties in a bunch lol

Good to hear & not surprised at all. Now what's the outcome?

[asiflicious]

Originally Posted by Esteban

Glad to hear they decided you're not at fault. Anything more on totaling it, or not? Or did I miss that?

Car got totaled, frame got bent. I took out my chargepipe and BOV before letting them take it back. Buy back would have been 4K and I didn't think it'd be worth it, especially due to the frame. They gave me a good amount for the car. I'm looking at a 550i and 328i now. The smart move would probably be the 328i lol

[Esteban]

Originally Posted by asiflicious

Car got totaled, frame got bent. I took out my chargepipe and BOV before letting them take it back. Buy back would have been 4K and I didn't think it'd be worth it, especially due to the frame. They gave me a good amount for the car. I'm looking at a 550i and 328i now. The smart move would probably be the 328i lol

Good luck and let us know what you get.

[Tommm]

Originally Posted by asiflicious

Insurance decided I'm 100% NOT at fault. Police report also helped. Idk why the other guy has his panties in a bunch lol

Police report is what did it. Glad it worked out.

[desertman123]

Sorry to hear man!

You know us, we're gonna want you to stay lol.

[Windy5000]

Ah me and all, except i have video footage and the insurance company have said they will press for 100% 3rd party liability. One way or another she'll drive again at around £8000.00 in repair costs. Anyways the past two weeks have been depressing, ive been driving a q3 quattro.

I'm kidding it's not all that bad! -.-