mksu19

Hey Mike! Basing on what the other Mike just posted, the HTA doesn't seem to be in effect here (as long as you weren't doing any illegal activity(s) where excessive speed was a factor and that the accident and/or complainants arose from it) then I wouldn't even worry about it. She can say whatever she wants and it is her right to defend herself in whatever fashion she sees fit.

Ultimately, the crash investigator(s) will determine who is at fault based on the damages to both yours and the other driver's car, the location, the weather condition on the day of the accident, road condition(s) and the scenario based on yours and the defendant's statements. Whatever it is, don't sweat it too much. Worse case scenario is, you pay partial deductible ($300?) to get your car fixed!

mikeshin92

Mike: there were no skid marks, what the other party is stating is if they impacted the side, my car should have stopped instead of stopping further down the strip. I call it BS because if my speed was a big factor my car would've spun out. I'd say the max. speed I was going would've been around 40km. It looks pretty good from my side, just gotta wait and see what the ins. co. says.

mikeshin92

Mona: the worst case scenario that I'm trying to avoid is the $1000 collision deductible and the increase in my premium. As a young driver, it will have a big effect on my rates if it does fall in to the 50:50 at fault category. Basically I'm trying to prove that I was at 0% fault. But right now it looks pretty decent on my side and I had four passengers in the car and two of them have written a statement for me.

mksu19

Don't worry about it! The insurance company deals with insurance claims everyday and they'd be able to smell all the BS' in everyone's statement. So I suggest stating only the facts that you are sure of. If you are not sure of your speed, then say you weren't sure. Don't give them an approximate, just say you weren't sure PERIOD! They have investigators for that and it's their job to approximate, not yours.

If in doubt, contact an accident lawyer. They usually work these out to where you will get compensated to the maximum amount the law will allow. Plus, you won't have to rely on the CSI's of the web! We can tell you everything you want to hear but that doesn't mean we are right. Truth is, we can't give you all the answers as we do not have the factual documents to completely, accurately and thoroughly advice you of the incident.

Please seek legal advice immediately! Don't jeopardize your claim by relying on statements and evidence(s) presented to you by complete strangers over the internet!

EDIT: I'm not sure about Audis but in our M3, ICBC hooked it up to a gadget that was able to give them accurate data from the accident (i.e. speed, brake pattern, etc.). According to the adjuster, "it's like an airplane's black box that was installed by the manufacturer in their cars dictated by the DOT (?)". Just remember that the adjuster is not your friend and that their job is to get you compensated as little as possible! So reserve your right to refuse to sign a statement about your general medical condition(s) prior to obtaining some proper medical assessment before telling them that "you're OK" You have been warned!

mikeshin92

very good point out Mona, I guess if the situation does start to go in the wrong direction, I will seek for legal advice. Thanks for all your help!

mikeh

Mona is right.... say only what you know for sure. Keep us posted.

PhinX404

ouch! ya that sucks when its a friend but when its your folks car they call the shots.

Just_G

i hate these situations as usually the person who is not guilty gets screwed in the long run by paying a higher premium. Thats a pretty nasty hit by the way...

mikeshin92

yep.... But I was told if I'm not at fault I won't end up paying the deductible or a higher premium... hopefully they weren't lying.. I got quoted for 3500 and 5800 from two different places, the second one is recommending I replace both of the panels.

mikeshin92

I thought I'd just ask a question on this thread... basically my car will be going in for a repair next month... and I was just wondering: I'm 18yrs of age and a secondary driver of the policy. Most rental car companies won't rent a car to anyone under 19yrs of age... but if my mom DID rent a car will I be allowed to drive it? (From an insurance company perspective it doesn't seem like a problem but I wonder what kind of issues I'll have with the rental company)