2016 LS 460 Accident
02-17-21 | 06:21 PM
#31
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From: Ilinois
I hope you went to the hospital. You will likely feel the crash by day three. You'd be amazed at how much you can actually be injured (and sometimes permanently) by a crash like that. Better to have a hospital visit on record now than have to come back to it later. The likelihood of injury in a crash like this is actually very high.
The first "repair" estimate came at $16,000 before taking the car to the Lexus Certified Repair facility which will probably increase it. I went yesterday and looked at the car and it seems to me that it has structural damage, but man these cars are extremely well structurally designed they're apparently absorb a lot of the shock during an impact in order to protect the passengers, I'm really impressed, my wife and I are engineers, she is still involved in ROPS simulation test and evaluation of agriculture equipment, apparently Lexus knows very well what they're doing.
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TRS (02-17-21)
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rmawyer (02-18-21)
02-18-21 | 06:58 AM
#33
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You're absolutely right I will talk to the insurance today and see if they want to total the car before taking it to the Lexus Certified Collision Centre at 150 away for their estimate. I have shared these photos with my Lexus dealer here and they all said that the car should be totalled.
02-27-21 | 01:23 PM
#35
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Yes, the folks at the Lexus Certified Collision Centre started to work on the car, their estimate is about $1200 more which is really surprising but anyway they're working on the car, apparently it is "only" cosmetic nothing structural, the car will be done in about two weeks. Now I have to fight the citation, a totally inexperienced and apparently not very fair cop, gave me a citation, first mentioning he wouldn't write any, then after refusing to give him the camera stick, he did write me one, anyway my lawyer reviewed the recording and apparently that will not go anywhere, I was slowing down at a yield sign, looked on both sides a couple of times got into the intersection and drive on the right hand side and then she came out of nowhere did not hit the brakes and hit me in the back of the car, the cop report is totally different than what I have on the recording, anyway her insurance made me liable....yeah that is an update, any advise ?
02-27-21 | 04:03 PM
#36
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From: Tennessee
Now I have to fight the citation, a totally inexperienced and apparently not very fair cop, gave me a citation, first mentioning he wouldn't write any, then after refusing to give him the camera stick, he did write me one, anyway my lawyer reviewed the recording and apparently that will not go anywhere, I was slowing down at a yield sign, looked on both sides a couple of times got into the intersection and drive on the right hand side and then she came out of nowhere did not hit the brakes and hit me in the back of the car, the cop report is totally different than what I have on the recording, anyway her insurance made me liable....yeah that is an update, any advise ?
02-27-21 | 04:15 PM
#37
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From: Ilinois
I spoke with my son who is a personal injury attorney. This is what he said: If he has a video that shows the other car is liable and the photos of the damage to the cars is consistent with it, sounds like he would need to file a lawsuit. Just because her insurance determined he is liable isn’t binding on him. That’s what court is for. If his yield sign is the only traffic control device at the intersection (ie. the other car didn’t have a stop sign or yield sign) it’s probably what we call a 50/50. 50% his fault, 50% hers. He takes care of his damages and she takes care of hers. Without an independent witness to corroborate his side, might be worth filing a lawsuit to see if they will change their mind, but could be tough to win at trial.
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NotFasty (02-28-21)
02-28-21 | 04:28 AM
#40
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I have to meet my lawyer next week to let him know that they think I’m responsible and see If I can sue them.
02-28-21 | 04:34 AM
#41
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From: Ilinois
I can send it to you, what they show in the report is that she hit me while I was in intersection turning left, in reality I was already driving on ride side of the road after passing the intersection, that’s why my lawyer thinks that she is responsible.
02-28-21 | 08:05 AM
#42
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This is where it gets sticky. Here's the relevant law for Illinois. What matters here is exactly where the point of impact actually is relative to the intersection. If the POI is within 100' of the intersection you've got a problem. This distance could be greater depending on the posted speed limit.
Code:
(625 ILCS 5/11-904) (from Ch. 95 1/2, par. 11-904) Sec. 11-904. Vehicle entering stop or yield intersection. (a) Preferential right-of-way at an intersection may be indicated by stop or yield signs as authorized in Section 11-302 of this Chapter. (b) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but said driver having so yielded may proceed at such time as a safe interval occurs. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. (d) If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield right-of-way. (Source: P.A. 76-1739.)
Last edited by DedBirdDog; 02-28-21 at 09:17 AM.
02-28-21 | 08:23 AM
#43
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From: Ilinois
This is where it gets sticky. Here's the relevant law for Illinois. What matters here is exactly where the point of impact actually is relative to the intersection. If the POI is within 100' of the intersection you've got a problem. This distance could be greater depending on the posted speed limit.
Code:
(625 ILCS 5/11-904)
Code:
(from Ch. 95 1/2, par. 11-904)
Code:
Sec. 11-904.
Code:
Vehicle entering stop or yield intersection.
Code:
(a) Preferential right-of-way at an intersection may be indicated by stop or yield signs as authorized in Section 11-302 of this Chapter.
Code:
(b) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but said driver having so yielded may proceed at such time as a safe interval occurs.
Code:
(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
Code:
(d) If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield right-of-way.
Code:
(Source: P.A. 76-1739.)
02-28-21 | 08:38 AM
#44
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From: Ilinois
She was doing way more because I've looked left, right and again left right and I couldn't even see her coming, the road she was coming is a straight one with very good visibility from the intersection besides the fact that I was behind another car that entered the intersection before I did, and I've looked on both sides before approaching that intersection. everything is on camera front and back.....we'll see.