Sad Day ....wrecked my new mustang :(

[DrDing.Muscle]

I am doing good no air bags deployed which I thought was odd...Khannected were you linking another thread? I owe 36k on it so without Gap not sure if totalling it I would get all my money back. First car with no Gap and first real wreck sigh....

Sorry man to see this, sucks for sure. This is how it always works though. Always get gap but I typically go through my local credit union because their GAP is only $199 instead of the $400-700 the dealer charges. Hopefully you can get another Stang.

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[randotheking]

It's totaled. Body work is 20k alone, frame is probably bent

Totaled my 2013 3.7L in similar fashion. Couldn't believe how much these body parts cost. Headlights alone are $1,000 each.

Make sure they let you take your mods off before handing it over. They'll let you as long as you have the OEM parts.

 

[jacobgarr]

Ok so here is how it happened. After talking with several others and my police buddy it is going to be hard to prove its not my fault at all. We were all stopped at train tracks. The train had been stopped for 5 plus minutes. She was 20 ish cars in front of me I see her start to do a u turn. I think to myself yea its probably about that time. I dont want to be late for work. As I start I see her litterally flooring it towards my car I lay on my horn she is going like 40 to 50 in a 35 and as I lay on my horn and throw it in reverse she plowed through my front end... So it will be said I should have never made a U turn and her speed/lack of awareness is unimportant as I was making a U turn. Although you don't plow through someone like that while going 35 and sure wouldnt through the front of my whole car with the front side of herswhen she could have easily moved the steerong wheel had she been paying attention but not sure I cqn prove any of that. Also my car and hers were moved inmediatly as we were in the wrong way of traffic so the accident didnt take place where pictures were.

 

[EcoSwag1990]

Based on the 35mph speed limit you might at least be able to prove she shared in the negligence.

You should check out this page regarding comparative/contributory negligence. Even if they do find you at fault, you might not be on the line for all of the damage. It mentions Texas a few times

https://www.mwl-law.com/understandi...y-negligence-and-joint-and-several-liability/

 

[goldengooner]

Ok so here is how it happened. After talking with several others and my police buddy it is going to be hard to prove its not my fault at all. We were all stopped at train tracks. The train had been stopped for 5 plus minutes. She was 20 ish cars in front of me I see her start to do a u turn. I think to myself yea its probably about that time. I dont want to be late for work. As I start I see her litterally flooring it towards my car I lay on my horn she is going like 40 to 50 in a 35 and as I lay on my horn and throw it in reverse she plowed through my front end... So it will be said I should have never made a U turn and her speed/lack of awareness is unimportant as I was making a U turn. Although you don't plow through someone like that while going 35 and sure wouldnt through the front of my whole car with the front side of herswhen she could have easily moved the steerong wheel had she been paying attention but not sure I cqn prove any of that. Also my car and hers were moved inmediatly as we were in the wrong way of traffic so the accident didnt take place where pictures were.

Really sorry to see that
In my S197 I had a bad smack, car was speeding come from nowhere, as I was on the roundabout. Hit my passenger side, pushed the bonnet over to the drivers side and buckled that wing. He hit me doing 50mph plus. The Air Bags did not go off.
Touch wood my passenger was fine, and we all were
The car was insured for 22k the damage was 7k. The car was not written off as the frame was not badly bent. I lost the car for 3 months, had a new bonnet, 2 panels, and the sub-frame was bent back into shape. Decided to change the hood and a few bits, got the car back and kept her for 3 years. you get a Top Quality body-shop and the car will be as good as it was, in-fact it was better and had better extras

if it was at the train tracks, are their not cameras? in the UK there would be.
I know you feel terrible at the moment, but my gf said to me a day after when i was acting as if the world had ended "you are safe, its a lump of metal" harsh but true
good luck

 

[Chameleon]

That'll buff right out.


JK. I am sorry for your loss. Make sure the phone company check her cell records even if she deleted the texts. They can tell.

 

[Dominant1]

Looks like you were both at fault. a u turn after only 5 minute denotes impatience on both of you! Sounds like she was already speeding when you pulled out and you figured she would slow down to accomidate your move but she didnt because she was looking at her phone rather then the road. You both got tickets am i correct?

 

[wireeater]

Looks like the 2018 refresh up front.

 

[jacobgarr]

No tickets issued....

 

[Cobra Jet]

Well - here's a thought.

You have stated above that you were at or near a train crossing. Some, not all, will have video cameras, especially these days for such things as accident reconstruction (in very bad situations).

Also to note, if there are any intersections nearby with traffic lights, sometimes there are cameras on those lights or poles. Not to mention if there are businesses nearby, sometimes those too may have cameras.

If the accident happened as posted, I would certainly go back to the scene and review the area for cameras, if they exist contact the rightful owner and request the footage from the day/time.

The thing is - with any recorded video, time is ticking, because every system is different and some may hold more data than others with regards to data storage.

Witnesses? I mean if there were other cars, did anyone give a witness statement?

Best of luck.

Regardless of what your buddies or others say, fight for what you believe is right with regards to "at fault". Also and unfortunately to note, a vehicle gets totaled out when the damages exceed 70% or 75% of the vehicles ACV (referred to as Actual Cash Value - NOT Bluebook!). The insurance and banking industry base ACV upon the vehicle's net worth (year/make/model/option packages, any other prior accidents, miles and overall condition) PLUS what the bank or insurance company can recoup from the loss after it goes to an auction or salvage facility.

Lots of reading for ACV:
http://m.carsdirect.com/car-insurance/tips-for-negotiating-the-actual-cash-value-ff-your-car

Airbags:
I believe airbags are only fully functional or "active" when the vehicle is moving at a certain speed - others feel free to correct if there's other info as to why an airbag won't activate in a vehicle that has had a low speed (or non-moving) impact.

 

[jbailer]

That sucks, sorry for your loss. It sounds to me like it will be a shared negligence, you both are responsible for your own cars. That also means no diminished value...

 

[Bullitt]

Sorry to hear this man. Had mine banged up pretty bad last summer. One thing I'm surprised no one has brought up yet are witnesses. You said there were 20-ish cars in front of you. And I'm sure plenty behind you as well. That's an abundance of witnesses to back up the claim that the lady wasn't paying attention, who heard your horn and saw her plow into you. So even if there aren't cameras you should be good as long as the police took statements at the scene from others. In the future, run a dash cam. Only way to protect yourself these days since most aren't honest anymore sadly.

By the looks of it, I'd say that's totaled. The frame looks hit hard in the front and if your door wouldn't open that means there's lots of hidden damage as well. Some mentioning 40% for totaling might be using a different insurance company. My car had 16k in damage and they never even considered it. The companies I worked with (Travelers and Esurance) both said 70% is the totaled threshold for them.

If they don't total, 2 things: First, if you end up proving it was her fault, make sure you get diminished value on your car. You can lawyer up if you want, but often with a little haggling you should be able to get it easily when you remind them it is your right to have not only the car's condition restored but also the car's value (by way of the payment). All I had to do was pay a one time fee to collisionclaims.com and send the letters they instructed and the insurance company paid out. Secondly, if they do decide to fix it, ask around for the best body shop in your area. After my car was fixed, the panel gap was better than from the factory, the paint match was perfect and the car drives exactly the same as before the accident. I had frame damage too. So there's hope either way. Good luck.

 

[Cardude99]

I'm an adjuster, looks totaled to me

U turns are a bitch, sorry dude but ur right u will likely be at fault.

 

[aham23]

most insurance companies want to see at least 70% of the market value in damages before calling it a total.

she had control of the lane. the OP attempted a U-Turn in front of her. not good loss facts for the OP. you can't prove she was speeding. the OPs word alone wont cut it. what is fact is the OP doing a U-Turn into / in-front of on coming traffic. the OP even states he saw he yet he proceeds into the lane. best case for the OP would be 50/50 assessment.

i suggest you stop posting about the accident on a public forum and work through your own insurance. let them fight it out with the other party.

i am not an expert, just drinking lots of coffee this morning. good luck.

 

[GTRacerX.]

I feel your pain !

I wrecked one of these at 16 drag racing and regret it to this day !
1969 Ford Mustang Mach 1 390ci

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