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E46 M3 (2001-2006) Engine: S54 - Max Hp: 333 hp at 7,900 rpm / 262 lb/ft at 4,900 rpm
Total Produced: 45,000+ - Years Produced: 2001 to 2006.


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Old Tue, Aug-03-2010, 04:51:46 AM   #1
xdaznboi
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Default Rear end.. my fault? California

Hey guys, I got in a little accident today....

I was driving home from work at around 2:30 PM today on the left lane of California St in San Francisco.. There was a FedEx truck double parked on the right lane about 5 ft in front of me and a big white delivery van cuts me off with about 2-3 inches of clearance between us and then SLAMS on the brake. I ended up rear ending him. He drove off, so i pursued after him.. then he tried to bribe me, and when i refused and asked for his license and insurance, he drove off again. We ended back up on California St. and the FedEx truck was still there and I was able to trap him in. After about 5 minutes of screaming, I was able to get his license, but before I could copy down everything, he snatched it out my hand and continued to drive away. At this point, i had his home address and license plate, so I just gave up the pursuit. I was able to get 2 witnesses to vouch for me.

was told to report it at the police station, but they told me that since he provided SOME information, it is no longer considered a Hit and Run

Is this my fault? I have heard a lot about how the person rear ending someone is always at fault....

on a lighter note, which setup should i get?
V-CSL bumper with Vorsteiner vented hood, OR stock bumper with vented hood and Strass replica lip.


http://tinypic.com/view.php?pic=2j33cpk&s=3

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Old Tue, Aug-03-2010, 05:04:50 AM   #2
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can't offer any legal advice.

V-CSL bumper gets my vote...but i'm biased
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Old Tue, Aug-03-2010, 05:07:56 AM   #3
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how about the hood, stock or vented? cannot decide.
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Old Tue, Aug-03-2010, 05:11:13 AM   #4
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Usually - a person rear-ending another car is considered at fault. The logic being that they failed to maintain a safe distance (responsibility of the following car).

Without a police report blaming the other driver - its your word against theirs.

Your insurance company will decide.
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Old Tue, Aug-03-2010, 05:20:52 AM   #5
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Usually in SF, the police will not come unless someone is injured...

the issue is that he cut me off eliminating the safe distance I had, and created only about a 2 inch breathing room and then he abruptly stomped on his brakes, coming to a complete stop even though there was ample room in front of him to keep moving...
I was going UNDER speed limit at that time (20 in a 25)... This was all in the matter of a few seconds, I did not have enough time to slow down and create a safe distance.
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Old Tue, Aug-03-2010, 05:23:54 AM   #6
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If it was a delivery van he probably works for a business. The business might be more amicable to covering the cost, if it was indeed his fault (if you have witnesses to that end, you're prolly in pretty good shape). Reporting it to the cops may or may not yield any results.

Leaving the scene of an auto accident is a no no, but also consider that it might just be easier/less hassle to replace the hood/bumper yourself. Getting the cops involved means possibly things getting reported to insurance companies/dmv and insurance rates going up and or having an accident associated with the car.

Most rear ends are black and white. The car that rear ends someone is almost always at fault. However, in some cases (like the one you described for example) the person who initiates the driving maneuver (like cutting someone off) which causes the accident is considered at fault.

Hope this helps.
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Old Tue, Aug-03-2010, 05:30:51 AM   #7
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Thanks! I considered paying out of my pocket for the damages, but I do not have that type of money around. I brought it to a body shop and got a estimate with all OEM parts + labor totaled at around 4k+

I plan on keeping this car until it stops running, so I guess reporting to DMV isn't that big of an issue

In regards to insurance, will my rates go up if it was ruled that I was not at fault?
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Old Tue, Aug-03-2010, 05:36:07 AM   #8
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The only way that you can avoid the fault by the insurance company is to use the witnesses on this particular accident. Did the witnesses see the collision and can state that they saw the other driver cut you off, causing this collision? If so, they will need to tell your insurance company, then you're clear. You may have a deductible to pay.

If you want your insurance company to help chip in on the vorsteiner equipment tell them other over the phone or when they are adjusting the damage at the shop and you can pay the difference in the price in parts. You may want to work with the shop closely on this one.

Good luck.
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Old Tue, Aug-03-2010, 05:38:12 AM   #9
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If insurance is paying for it, then I would guess your rates would go up. I've heard of plenty of people getting rate increases even when the accident is not their fault. I suppose it depends on your insurance company. Ask them, they'll probably tell you by how much.

Yeah, body work isn't cheap. Have you tried contacting the guy or possibly finding out if he works for a delivery company of some sort? If you have witnesses, I'd try and go that route before you mess with insurance premiums, etc... I don't know how small claims court works, but that might be an option as well.
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Old Tue, Aug-03-2010, 05:39:42 AM   #10
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Yup, Witness #1 was the Fedex driver, and #2 was right behind me. I called the second one right after and he told me he was driving recklessly and almost ran him off the road earlier too.

the guy is 100% uncooperative... he refused to even give me his license initially. I had to chase him down to get this. I only have a home address.

deductible is $1000 =/

Still cannot decide on that hood though

I think the guy was probably uninsured, as he kept trying to flee the scene/ bribe me when i told him i was calling the police. He refused to give me any form of insurance proof and just screamed farmers at me and drove off.

Last edited by xdaznboi; Tue, Aug-03-2010 at 05:44:18 AM.
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Discussing Rear end.. my fault? California in the E46 M3 (2001-2006) Forum - Engine: S54 - Max Hp: 333 hp at 7,900 rpm / 262 lb/ft at 4,900 rpm
Total Produced: 45,000+ - Years Produced: 2001 to 2006. at BMW M3 Forum.com (E30 M3 | E36 M3 | E46 M3 | E92 M3 | F80/X)