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#1 2017-03-20 16:51:23

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Another dead Saabaru

I'm currently sitting in the hospital triage room due to lower back pain, suffered when the Saab died. I was in a straight/left turn lane passing traffic on my right. Guy pulls out of a development in a big assed truck and hits my front right.

She gone. Will post pics when I'm not on my phone. Got it all on dashcam.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#2 2017-03-20 16:57:44

theleveler
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Supporter
From: Long Beach, CA
Registered: 2009-06-08
User Number: 3752
Posts: 1160

Re: Another dead Saabaru

sad
I hope you don't have any serious damage to yourself!

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#3 2017-03-20 16:58:44

hyperboarder
WhosaChris?
Supporter
From: Taterville
Registered: 2007-06-19
User Number: 2114
Posts: 8157
Website

Re: Another dead Saabaru

Yeesh.  Sorry to hear man, hope you're alright!

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#4 2017-03-20 16:58:59

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

It feels like a muscle spasm from the jolt.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#5 2017-03-20 17:02:12

jixaw
Member
From: Cambridge, MA
Registered: 2016-02-22
User Number: 35856
Posts: 191

Re: Another dead Saabaru

bummer man....hope you recover ok


2005 Saab 9-2x Linear (**sold**) - Auto - Deep Blue Mica - Cold Weather Package - - Mods: Aero Rear Sway Bar, Perrin FSB, Whiteline QR RSB, KYB-G Excel Shocks, STI Pink Springs, Tsudo UEL, Custom catback with Magnaflow, Centric rotors & posi-quiet ceramic pads, 17" ASAs w/Dunlop Direzzas (summer), 16" OEM alloys w/studded Nokian hakka 7's (winter), 35% tint sides/rear

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#6 2017-03-20 17:24:07

hammyt
0_0
Supporter
From: Chicago, IL
Registered: 2005-07-18
User Number: 562
Posts: 14251

Re: Another dead Saabaru

Ugh fuck back pain, hope you heal up.

In for that dashcam footage tho.


2005 Saab 9-2x Aero 5MT | 275whp/250wtq | [email protected] | SOLD
2014 Focus ST 6MT | Tuxedo Black | SOLD
2012 Mazda 3 Hatch 2.0 AT | Shiny Blue

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#7 2017-03-20 19:32:30

ikbrown
long live R0LO!
From: Fair Oaks, CA
Registered: 2011-10-06
User Number: 6094
Posts: 5258

Re: Another dead Saabaru

Yikes, no good! I hope you recover OK from the back pain. Good thing you had the dashcam, I'm glad I recently installed one after hearing this!

Did he hit any other cars since as you say you were passing cars on the left and he hit you from the right?


2015 Subaru Impreza Hatchback | #dadcar
2005 Saab 92x Aero 5MT | The basic mods, Stage 2.04
1968 Dodge Charger 383 | WIP, restored almost everything but body work

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#8 2017-03-20 21:24:58

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

Fuck me. I checked my SD card and it appears my dash am stopped recording some time ago. I never thought to check it because I always hear it turn on and off. But there are no new files on it. Anyway I will post an overlay of the map when I get a chance.


Edit.

Somehow the dash cam changed the date back to 2015, so I do have the video, will be uploading shortly

Last edited by Nightcrawler (2017-03-20 21:42:01)


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#9 2017-03-20 22:25:42

Nightcrawler
Token 92x Owner
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From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

Here's the video. Be honest don't be afraid to say it's my fault if you think it is. I did cross the double yellow but was back in my lane before the accident.

Last edited by Nightcrawler (2017-03-21 12:09:26)


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#10 2017-03-21 07:31:29

itsnotmeitsyou
Potato, Patreason...
Supporter
From: San Antonio, Texas
Registered: 2011-07-31
User Number: 5779
Posts: 2653

Re: Another dead Saabaru

"This video is private."


2005 Saab 9-2x Aero:  More than you've had done to your car.
2015 Forester XT 'TS' clone
1972 Mach 1 Mustang

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#11 2017-03-21 07:56:46

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

Made it private, then switched to unlisted. I will post the link for the unlisted version when I get to work.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#12 2017-03-21 09:16:18

snowphun
Member
From: Central CT
Registered: 2005-11-09
User Number: 890
Posts: 631

Re: Another dead Saabaru

You had right of way, but you were going too fast for the situation. I don't think the video helps your case.

Hope you feel better, curious how insurance will call it. NY is a no fault state so it may all get lost in the details.

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#13 2017-03-21 09:28:34

Rodman
Member
From: Long Island
Registered: 2006-03-01
User Number: 1046
Posts: 2619

Re: Another dead Saabaru

That's your fault, sorry to say  sadbanana


2005 satin gray metalic aero, sold. 06 wrx, adios!
2005 black aero, rescue project, jdm EJ205 avcs.
2005 desert silver aero, traded.
2002 bugeye, sedan, JDM STi ver 7 swapped.

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#14 2017-03-21 09:42:37

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

Rodman wrote:

That's your fault, sorry to say  sadbanana

How so?

I know I crossed the double yellow, but I was back in my lane before the accident. It looks like I was speeding but the cars on the right were stopped, I wasn't over 30.


snowphun wrote:

You had right of way, but you were going too fast for the situation. I don't think the video helps your case.

Hope you feel better, curious how insurance will call it. NY is a no fault state so it may all get lost in the details.

I am pretty sure they will call it no fault.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#15 2017-03-21 10:00:26

Jameson
Member
From: MI
Registered: 2006-12-27
User Number: 1725
Posts: 3038

Re: Another dead Saabaru

I would say its both parties fault.

No way for you to know you were clear even with right of way.  So knowing what was happening around you I would have been extra cautious.  He had the same issue, he could not see well enough and should have been nosing VERY slowly.


1998 BMW M Roadster, Dinan/RMS stage [email protected]
2006 Saab 9-5 Aero'D Combi 5mt [email protected]
2009 Saab 9-3 Combi (too nice to call a beater-beater)
2018 Cadillac ATS 2.0T AWD (wife's)

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#16 2017-03-21 10:18:14

drewsro
Master
From: NW Indiana
Registered: 2014-01-10
User Number: 13600
Posts: 1812

Re: Another dead Saabaru

Tough situation.  Crossing the double yellow was a separate incident and didn't have anything to do with the crash.  You did have right of way though.  Honestly, the video would probably hurt your case more than help.


Need a CARFAX report? Message me.

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#17 2017-03-21 10:27:50

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

The video could always start at a different time.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#18 2017-03-21 10:31:30

Jameson
Member
From: MI
Registered: 2006-12-27
User Number: 1725
Posts: 3038

Re: Another dead Saabaru

Nightcrawler wrote:

The video could always start at a different time.

I am not even taking the double yellow into consideration as it had no effect on the accident itself. 

There are times I wait a heartbeat to start at a greenlight and sure enough someone opposing ran a red and I would have been clobbered.

I felt uncomfortable being in your car going the speed you did through that intersection.  That still doesn't take away your RIGHT of way.  But still, that was the quintessential accident waiting to happen.


1998 BMW M Roadster, Dinan/RMS stage [email protected]
2006 Saab 9-5 Aero'D Combi 5mt [email protected]
2009 Saab 9-3 Combi (too nice to call a beater-beater)
2018 Cadillac ATS 2.0T AWD (wife's)

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#19 2017-03-21 10:34:53

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

I normally take the right turn lane, but when traffic backs up, I take the left and take a longer route that is faster. I can't remember how fast I was going but I almost came to a complete stop before the collision.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#20 2017-03-21 10:41:17

Jameson
Member
From: MI
Registered: 2006-12-27
User Number: 1725
Posts: 3038

Re: Another dead Saabaru

Nightcrawler wrote:

I normally take the right turn lane, but when traffic backs up, I take the left and take a longer route that is faster. I can't remember how fast I was going but I almost came to a complete stop before the collision.

Yeah, the speed along side the cars also didn't spook me.  It's right when you approached the intersection that I would have basically rolled with my head leaned forward looking right and left.    I'm not even Monday-Night Quarterbacking you, just stating exactly how I would drive and have driven in eerily similar situations.

Don't get me wrong, it sucks.  You've had a shitty couple of days.  But the video does cast light on how things went down the way they did.


1998 BMW M Roadster, Dinan/RMS stage [email protected]
2006 Saab 9-5 Aero'D Combi 5mt [email protected]
2009 Saab 9-3 Combi (too nice to call a beater-beater)
2018 Cadillac ATS 2.0T AWD (wife's)

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#21 2017-03-21 10:46:37

hammyt
0_0
Supporter
From: Chicago, IL
Registered: 2005-07-18
User Number: 562
Posts: 14251

Re: Another dead Saabaru

I mean he has right of way there, that pickup has to yield to vehicles in that left turn lane.  He wasn't speeding, so I don't really see how he is at fault.

Now had that first guy let him into the turn lane and he not accelerated a bit more out of frustration could this accident have been avoided?  Probably, but I think when push comes to shove the pickup will be held accountable for the accident.


2005 Saab 9-2x Aero 5MT | 275whp/250wtq | [email protected] | SOLD
2014 Focus ST 6MT | Tuxedo Black | SOLD
2012 Mazda 3 Hatch 2.0 AT | Shiny Blue

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#22 2017-03-21 10:53:04

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

I just sent the video to a friend in the Troy PD. He said that it is clearly his fault and his insurance should pay for everything. But it is NY so we shall see.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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#23 2017-03-21 12:01:56

cjaama
Member
From: albany, ny
Registered: 2007-03-09
User Number: 1885
Posts: 1102

Re: Another dead Saabaru

Long-winded response from someone who determined liability of auto crashes for an insurance company for years (and has driven through that intersection hundreds of times):

DESTROY THAT VIDEO, IT WILL ONLY HURT YOUR CAUSE

Without video, an insurance adjuster will use the evidence that they have, this includes:
Scene photos. They will consult Google Satellite photos and Streetview.  Unfortunately, most recent Streetview photos (Sep 2016) show Oakwood Ave recently paved with no lane markings at the intersection of Biscayne Blvd.  They can either consult the older Streetview photos from July 2011 or they usually have vendors who will go out and photograph the intersection.  The scene photos will support the fact that there is an established third lane at the intersection with Biscayne, where you would have been traveling without the necessity of crossing the center line (again, destroy the video so they cannot see that you had crossed the center line).
Property damage.  They will look at the points of impact to both vehicles to determine whether either party had a clear chance of avoiding the collision.  Being front to front it is in your favor.  They will also look at the amount of damage to both vehicles.  Having fairly heavy damage to your vehicle will support you were traveling too fast for the conditions (heavy traffic, 30mph zone), however you can support heavy damage to your vehicle by saying you were hit head on by a full sized truck.
Accident report.  The police will write a half-assed police report, possibly fucking up the facts, since it’s Troy PD.  There are codes on the side of the sheet.  In the top right are the contributing factor codes for both parties (what, if anything, each driver did to contribute to the accident occurring).  The other driver will most likely have a corresponding code for Failure to Yield the Right of Way (7) and possibly Driver Inattention (4).  Hopefully you won’t get one for Failure to Keep Right, Driver Inattention or Unsafe Speed, but that video would support all three.  If you’re lucky your corresponding boxes will be blank.  Here is a link to the decoder https://dmv.ny.gov/forms/mv104cov.pdf   The thing you may hear and it’s true is that the officer doesn’t determine fault, the insurance company does and that the police report is just a portion of the investigation.
Recorded statements.  You will have to provide a recorded statement to your insurance company and theirs (if you choose to).  Same with the other driver and any witnesses, if any.  In this statement you will say that you were traveling in the leftmost lane with heavy traffic in the lane to your right, obstructing your view of the other vehicle entering your path.  You saw the other vehicle and made the evasive action of slamming on the brakes and swerving left in an attempt to avoid.  You will note that there were large vehicles in the lane to your right, while you were in a small, low vehicle.  These large vehicles in the lane to your right obstructed your view of the other vehicle entering your path until it was too late to avoid the collision.

The video supports improper speed for the situation, traveling too fast in heavy traffic.  It also shows you failing to keep right, however you could reasonably argue that this occurred prior and you were established in a marked lane at the time of impact.  I would only use the video if the other driver comes up with an insane story that faults you.
Without the video, the other driver is at fault.  NY is a no fault state, but that’s kind of a misnomer.  No fault simply means that regardless of who is at fault for an accident, each party’s insurance company covers their own MEDICAL costs.  With regard to property damage and pain and suffering, fault is assessed by the insurance companies and if they cannot agree it goes to an arbitrator to decide.  NY is also a pure comparative negligence state.  This means that one party can be the majority at fault, but the other party can be found to be at fault for a percentage of the crash.  Each insurance company will pay for whatever percentage their insured is found to be at fault.  In this case they would say the other party is majority liable as you were traveling with the right of way, but they’re going to put 35% of the liability on you for driving too fast for the environment and crossing the center line.  Without the video that shouldn’t matter, as neither could be proven.  However, they can also say that the other vehicle crossed 2 ½ lanes of traffic prior to the collision occurring, which means they were there to be seen and you should had a clear chance to avoid the collision.  This is why it is important to note in your recorded statement that there were large vehicles in the lane to your right, preventing you from seeing the other party.   Also, just rewatched the video and you can see the other vehicle about a second prior to hearing your brakes squeal, more points against you.

PM me and let me know if you have any questions at all.

Last edited by cjaama (2017-03-21 12:12:38)


'05 Desert Sand Aero> '96 Volvo 850> '13 Passat/'97 Wrangler> '16 Chevy Volt/'04 Wrangler LJ> 2019 Wrangler Unlimited Rubicon

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#24 2017-03-21 12:23:12

hammyt
0_0
Supporter
From: Chicago, IL
Registered: 2005-07-18
User Number: 562
Posts: 14251

Re: Another dead Saabaru

arrow-up well there's your answer.


2005 Saab 9-2x Aero 5MT | 275whp/250wtq | [email protected] | SOLD
2014 Focus ST 6MT | Tuxedo Black | SOLD
2012 Mazda 3 Hatch 2.0 AT | Shiny Blue

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#25 2017-03-21 13:03:41

Nightcrawler
Token 92x Owner
Supporter
From: Speilgletown
Registered: 2010-02-13
User Number: 4306
Posts: 3057

Re: Another dead Saabaru

The good news is I have rental coverage and they are setting up a car for me now.


'05 92x Stage 2 181k miles lost to an old man and a Ram
VW Sandrail registered as a '71 Karmin Ghia Convertible
'17 FoST
"Chump don't want no help, chump don't get no help"

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