Totaled Car

[sammy33]

So, hit a patch of ice going to school today and spun out all the way across the road into a guard rail. Car is definitely going to be totaled from what I remember of how it looked.

Finished paying the car off about 6 months ago, so I'm curious on how the process works out. Not sure if I should be expecting anything from the insurance company at all or if they are going to be somewhat helpful. Also wondering how much this accident will impact insurance on the car I get.

Also was wondering if I should even bother going to court to fight the points. I don't care about the fine as it really isn't as much as I thought it would be. I don't want to lose the 3 points though. If I should go, what can I say? The speed limit was 50 and I was going 40. It was snowing, but I thought the roads seemed ok until I hit the ice. I've had practice on how to regain control of the car in those situations, but I just couldn't in that instance due to other patches along the way.

So happy that seat belts are as strong as they are. Same for guard rails. And air bags hurt. Felt like a got punched in the face by ridiculously, buff lab partner. Horrible stretch of time over the last few months...

[dakshdar]

I find it strange that you even get a ticket and/or points from something like this.

Usually they have to prove you were being either reckless or careless and there has to be some kind of fault (which stems from the previous part).

If you were driving under the speed limit and hit a patch of ice that you couldn't have known was there (especially if it happens to be black ice) and there were no other cars involved, then unless it is something specific to your state, I'm shocked there is a fine and points.

You'd get nothing for this in CA, for what it's worth.

And the insurance company, from what I know when my bike was wrecked will either decide to fix it or give you the book value that they have for your model year vehicle. I have no idea if you have the ability to haggle with them over the value. In my case they decided to spend almost $9,000 in parts and labor to have my bike fixed when Kelly Blue Book value was only about $10,500. I hear that is normally not the case (they won't normally spend that high a percentage of the vehicle value on fixing it), but it is their discretion from what I know and you can't argue one way or the other.

[trendon]

Also was wondering if I should even bother going to court to fight the points. I don't care about the fine as it really isn't as much as I thought it would be. I don't want to lose the 3 points though. If I should go, what can I say? The speed limit was 50 and I was going 40. It was snowing, but I thought the roads seemed ok until I hit the ice. I've had practice on how to regain control of the car in those situations, but I just couldn't in that instance due to other patches along the way.

First of all, always remember the handy rules on what to do if you are in an accident. Talk as little as possible and take photographs of everything. In my life, I've done a lot of crashing, a lot of trips to courtrooms, a lot of reading and a lot of listening to other people's experiences as they sit dejected over a glass of hooch and the story is always the same when they get screwed by the judicial system: they said too much and did too little.

Right now, you are going to court with (presumably) reckless driving, right? What proof do you have to say you were not driving recklessly? The same amount of proof that the ticketing officer has in proving you were driving recklessly. None. Guess who wins? This is all hindsight now - and difficult hindsight considering all of the other emotions that you were going through - but pictures of the environment, where you "started" and where you "ended" are always helpful. Also, don't ever underestimate the willingness of strangers who come to the scene (I assume someone came to check on you) to come to court or write a letter to the court saying that they can confirm the roads were a mess. It is an uphill battle, but you are just revenue to the municipality and the cops are their ATM machine. I feel very sad for people when they have to go through this and I wish you the best in this department because three points is, sadly, the gift that keeps on giving because the insurance companies are going to make you pay, literally and figuratively.

So, you might have to get an attorney. With no evidence, you are almost assuredly guarenteed to lose in court unless you feel confident you can get this plead down to some bullshit-ass high-income violation for the city; find out how much seat belt violations or obstructed view violations and compare it to the expected fine of your summons. Police understand the situation for you and the city's pockets. Otherwise, you stand virtually no chance in court.

You will also want to find out what your state's insurance rules are regarding indemnity. In New York, we have no-fault which means that if I crash into a group of cars while doing an illegal left turn through a red light or if a piece of satellite falls from the sky and lands on my car while it is parked, the result is the same. They call any claim "activity" so that they can raise the rates at their leisure. Only a few states have this, though. Most states actually like to make the cops and courts actually work a little bit.

So, you will need to estimate the increase in insurance with the three points and without. A good way to do this is to star a new claim on your insurance's webpage using your basic information plus the violation and without the violation. It will give you a rough estimate in the difference in coverage. If that amount if greater or equal to the price of an attorney, fight it. Otherwise, cross your fingers.

Good luck. And remember that a picture speaks a thousand words but so does the cop's accident report, so stay quiet and start snapping!

[Nole4real]

what they said ^^^

[Cnasty]

Thats ridiculous that you are getting fined and a ticket for that.

I can see if another car was involved but a single car accident due to an ice patch and you get a ticket?? Unreal

Good to hear you are ok though.

[sammy33]

Thanks for the advice guys. Makes me wish I would have been a bit more alert about the whole situation, but my main concern was getting to class still and reassuring myself I was ok.

Probably made it harder on myself in court, but I am just annoyed how going slower than the flow of the rest of traffic gets me a ticket. The good thing is I had some money saved to get a bike. Helps ease the pockets...and just reinforced that I need to hurry up the process for me going to San Diego!

[Husker698]

Some departments have policy that says the at fault driver shall get a ticket. Thats probably why you were cited. Not saying its right, in fact in a single vehicle crash its kind of stupid.

The way I see it, you were punished enough just to have to deal with an insurance company.

Not sure how it works in Colorado, but in FL if you contest a ticket and youre found guilty, they can increase your fine to like $500. Just make sure you have something better to tell the judge/hearing officer than you just dont think you should have gotten a ticket.

Take Trendon's advice.

[trendon]

With no attorney, here is what I would do.

1. Double check the accident report to make sure there isn't any bullshit in there.
2. Print out the National Weather Service's weather report for that day (weather.gov) and don't go to your local asshole news site where Joe Weatherman puts his personal touch on things (re: gets it wrong).
3. Take pictures of where you started and where you ended. At this point, make shit up about what would have happened if you were being reckless. Just use logic. It isn't perjury and the judge is not a physicist or a traffic engineer.
4. Have a business on that street write a letter saying that such-and-such area is prone to icy patches. Once again, never underestimate the willingness of people to help another Joe Schmoe.
5. Ask for a dismissal. Always ask. Just like when you are dealing with police, you should repeatedly ask if you are free to go. With cops, there are laws against unlawful detention and harassment. But, if you don't ask, they don't have to let you go. Same with the court. State your desires. It is intimidating as all fuck, I know, but it is what is necessary.

If you really want to get nuts, are there any nearby redlight cameras? You'll need to deal with a lot of shit to get the footage but since that is funded with PUBLIC MONEY, you are just as much privy to them as Big Brother is. I assume it will be very annoying because I once needed a copy of my arrest record and you would have thought I was asking for launch codes. The police and police administration are not really up-to-date on any laws that don't involve them stopping a domestic dispute or ticketing people, especially in this fucking economy.

All in all, I would not just go "oh well" because three points is not a one-off thing. That shit will stick with you for years to the tune of thousands of dollars. If you don't prepare, you will have two choices.

1. Be guilty
2. Get it plead down to a violation.

I don't like those odds with so much on the line.

[shel311]

If I EVER get into any kind of shit, I'm flying Trendon in as my representation.

[Cnasty]

If I EVER get into any kind of shit, I'm flying Trendon in as my representation.

After meeting him in Vegas, you may want to reconsider.