Car changed lane and hit my car

[Zigner]

Try changing from left lane to right lane in a 55 mph zone and have a car in the right lane barreling down on you at 90 mph. Most people simply don't expect that. If there's an accident as described here, who is at fault. If you say the merging car doing 55 mph, I'll see you in court.

How do you intend to prove the other vehicle was speeding? Oh, because you say so. You do understand that you can't meet your burden of proof at that point, right? Besides, where did you come up with your figures of 55 vs 90? I gave a reasonable speed differential as an example, whereas you chose hyperbole to prove your point. I thought your hyperbole stayed in the alimony-related threads...

PS: If the speed limit is 60 and car A is is doing 25 while car B is doing 60, the damage will be the same as the example you just gave See how that works?

 

[Bali Hai]

How do you intend to prove the other vehicle was speeding?

It will be nearly impossible without a police report. But you say the police don't care.

Oh, because you say so. You do understand that you can't meet your burden of proof at that point, right? Besides, where did you come up with your figures of 55 vs 90?

Where did you come up with your figures?

I gave a reasonable speed differential as an example, whereas you chose hyperbole to prove your point. I thought your hyperbole stayed in the alimony-related threads...

You gave your example and I gave mine. I've decide to expand my advice to this forum, got a problem with that?

PS: If the speed limit is 60 and car A is is doing 25 while car B is doing 60, the damage will be the same as the example you just gave See how that works?

My hyperbole is just as good as your hyperbole.

 

[Zigner]

How will the police determine that someone was speeding? The report won't show that.

The figures are irrelevant insofar as my point is concerned. My point is that, no matter what speeds the vehicles are traveling, it's the relative speed that matters. By that I mean that it's the difference in speed between the two cars. The relative speed (difference in speed) only shows they were traveling at different speeds. It does not show what those speeds were.

 

[Zigner]

My hyperbole is just as good as your hyperbole.

Do you know what hyperbole means? I gave no hyperbole, you did.

Here's the definition (just to save you some Google time):

From dictionary.com:

hy·per·bo·le [hahy-pur-buh-lee]
noun Rhetoric .
1. obvious and intentional exaggeration.
2. an extravagant statement or figure of speech not intended to be taken literally, as “to wait an eternity.”

 

[Bali Hai]

Do you know what hyperbole means? I gave no hyperbole, you did.

Here's the definition (just to save you some Google time):

From dictionary.com:

hy·per·bo·le [hahy-pur-buh-lee]
noun Rhetoric .
1. obvious and intentional exaggeration.
2. an extravagant statement or figure of speech not intended to be taken literally, as “to wait an eternity.”

Thanks but I looked up the meaning long ago since you tend to over use that word.

 

[Zigner]

Thanks but I looked up the meaning long ago since you tend to over use that word.

Find a better source.

 

[Bali Hai]

Find a better source.

Okay.

 

[questionforu2]

The other party's insurance has accepted liability and will pay for all repairs to my car.

My car had a clean carfax prior to this accident, the resale value of my car will no doubt be affected. I want to bring a claim of diminished value. Any tips on how I should proceed?

 

[Zigner]

The other party's insurance has accepted liability and will pay for all repairs to my car.

Excellent news

My car had a clean carfax prior to this accident, the resale value of my car will no doubt be affected. I want to bring a claim of diminished value. Any tips on how I should proceed?

You may need to get a valuation of your car - not just on the internet, but a professional evaluation.

 

[questionforu2]

I plan on taking the repaired car to carmax and get an offer, after getting the offer, I will tell them that the car had recently been involved in an accident, so I should be getting 2 different offers.

The difference in the offer price will be my diminished value damages.

I won't let the insurance company know of my diminished value claim until after they paid me for the damages to my car.

Does this seem ok?

 

[Zigner]

I plan on taking the repaired car to carmax and get an offer, after getting the offer, I will tell them that the car had recently been involved in an accident, so I should be getting 2 different offers.

The difference in the offer price will be my diminished value damages.

I won't let the insurance company know of my diminished value claim until after they paid me for the damages to my car.

Does this seem ok?

Why play games? The insurance company may predicate their payment on you release their client from any further liability. Also, if Carmax can't see the accident history, then that means that others can't, thus negating your claim for diminished value.

What kind of car & year is this?

 

[Zigner]

And, another thing I'd like to point out: Carmax is just about the lowest lowball offer that you will get. I've taken vehicles there that have been valued by Carmax at $500 that were later sold for $2,000.

 

[questionforu2]

Carmax does give lowball offers.

This might work in my favor if I tell carmax the car was involved in an accident and they give me an even worse lowball offer based on their new knowledge of the damages/repairs made to the car.

Carmax gives free estimates, if I think the diminished value damages is too low, I could hire an independent company for an assessment instead.

It is only a matter of time before the carfax is updated and everybody who sees the carfax will know of the accident. Even if it never shows up on carfax, the fact that this car had a prior accident diminishes the resale value of the car, how is it possible that the claim for diminished value is negated?

This is a 2008 car, KBB market value about $25000, clean carfax prior to this accident.

 

[Zigner]

What kind of car?

 

[questionforu2]

It's a convertible, does this change any diminished value assessments?