It is unfortunate but this case is a he said, she said situation. No lawyer will take this up unless you are ready to pay out some cash upfront and the chance of prevailing is very small. Who is the judge to believe? Guy said he put on his turn signal, he did not say he cut her off and he can always change that later.
Best bet is to wait for the police report and review it as this would weigh heavily on a courts decision.

 

I got cutoff like this 3x in a week when I lived in LA (usually BMW drivers who are trying to prove something)...said 'enough is enough' and bought replacement 120+ lb front/rear steel bumpers (this is on my 4Runner). This was also a factor in buying the LX (available aftermarket bumpers/parts), so now I don't bother to swerve to avoid...too dangerous! Since they don't make aftermarket replacement bumpers for the GX, I'd recommend having one custom fabbed. Here's what it looks like...

https://www.clublexus.com/forums/sho...d.php?t=233506

Here's what happened when a guy ran a stop sign and got t-boned by a LC80 (LX450) w/ one of these bars. This is what I mean by you just hit 'em rather than swerve...

http://www.man-a-fre.com/parts_acces...rbbullbars.htm

 

Thanks for all of the responses. We are still awaiting a copy of the police report, but it might be worth an attempt in small claims court case to recoup some cash for "diminished value" and our collision deductable. Keep everyone posted...

--Drew

 

Can you get the insurance company to declare it a total loss and buy a new one?

 

I don't want to, because we have a super nice factory warranty thru 120k miles. Besides, the only major problem is the left rear quarter needs a pull. The roof, all side doors, and interior panels are all fine... In person the car isn't as bad, though it sure looked better before hand

 

Well there's an update...

The car is that bad in person once the fenders and bumper were removed. The inner body and front frame supports were bent. She's officially totaled.

In case anyone tries to fix this car and re sell it, the vin is: JTJBT20X330002254

Looking for another one to replace it.

Drew

p.s. The warranty is available for termination and we will recieve a refund.

 

dholling13~ Sorry about the total loss. I hope you are able to get a new GX without shelling out any more cash. If you do decide to go after the other party for "diminished value", and your deductible, you may also want to consider future insurance premiums for the next 3-5 years. Even a not-at-fault accident is chargable in insurance, so if they do deem the other guy at fault and pay out on it, you are still looking at a possible insurance premium increase due to the "activity". Good luck.

 

dholling13 -Sorry about the GX getting totalled, but much better to do it now than spend the next year going back and forth getting it fixed and refixed.

With gas prices shooting up again, you should be able to pick up a new GX for a decent price. I look forward to discussions on your new GX!

As far as the insurance, that seems to vary a lot by state and by company, so you will probably get all kinds of answers. You might want to try one of our regional forums and see if anyone can give you information for your particular state.

 

We found a Blue Merridian 04, it was our first color choice. We should pick it up this week .

As far as premiums; we had first accident waiver with Erie. So this doesn't count

Post a few pics when we pick it up

--Drew

p.s. And Lexus of Rockville should have my clunk parts in sometime soon!