Accident! My E36 Smushed By SUV Rover Discovery!! Pics! - United Bimmer Community

**delmarco** · 05-12-2005, 12:46 AM

Yep it was a woman on her cellphone!!!!

So as if my month with my car wasn't crazy already this happens...read below

So on my first full day off in about two months I'm taking pictures of my car for the forums at the park..then I drive a block or so down to pick my mother up frm Pathmark...well read the details below:

Major Details:I was traveling north bound on Louisiana Ave. amidst light traffic (in both directions) at around 30 mph and slowed down to turn left into Pathmark’s Louisiana Ave entrance/exit ramp. I signaled to turn left and noticed there was oncoming traffic as well as traffic exiting from the ramp onto Louisiana Ave. I stopped to wait for clearance before making my turn onto the ramp.
A second later, I heard a loud bang against the rear driver’s side of my car and saw a Burgundy Land Rover Discovery colliding with my car, veering off to the left and driving ahead, swerving in front of my car before stopping.
The driver of that car pulled up in front of and on the right side of my car. My car remained stopped and in place after the collision. After realizing what happened I pulled over to the side of the road behind of the Land Rover Discovery. I checked in with the other driver and realized she was alone in her vehicle. We both confirmed that no one was injured in the collision and I called 911.
I was informed that the police would be present shortly. About ten minutes later a patrol car from the 75th precinct with officers Tomlinson and LaFemina pulled up, took our statements and informed us on what to do next.

Anyway the cops said it was a 50/50 faultand up to us if we wanted a police report. They said it would probably increase our insurance if we reported it. The gave me and her ten days to report it if we wanted and then it would be up to the insurance comapny...but I really dont think I'm at fault at all for the simple fact that she must have been tailgating me and speeding and I saw that she was on her cellphone (with the earpiece) when she came out her SUV. The cops said that we could split the costs and don't tell the insurance people or report it and have the insurance people cover it but our rates may increase.

Anyway the damage is identical to when the Bus hit me last Decemeber and BMW quoted me $1200 to replace and re-paint parts with labor...so I'm looking at 1200 here that I do not have to pay BMW....

what should I do? We both have full coverage with the same carrier (GIECO)!

**One interesting detail is that the woman has been driving 15 years with NO accidents (according to her) on her record. I've been driving for 1 year and I have 1 accident (when the bus hit me) on my record. I got the impression that the case may go against me with GIECO on this factual comparision between the drivers.

My Damages: [L] fender and probably [L] door panel replacement with paint also [L] mirror painted .

Her damages: Minimal...maybe [R] side fender and full lower bumper replacement with [R] foglight replacement.

**donald1476** · 05-12-2005, 01:28 AM

WOW, that sucks man sorry to hear. maybe since her damage was minimal and i'm guessing she probably doesnt want to have a police report or to get insurance involved so her rate stays low, maybe you can ask her to pay a percentage of your repairs?

**Turbodefrost** · 05-12-2005, 01:36 AM

that sucks dude. i'm sorry. but how'd she hit your front fender if she was behind you?? maybe i read it wrong, but i thought you said she hit you from behind? anyways, i'm sorry to hear that, she should be the one paying.

**donald1476** · 05-12-2005, 01:41 AM

^^ looks like she tried to go around? but hit the passenger side of the suv into the drivers side of delmarco

**RealBmw 02** · 05-12-2005, 01:44 AM

That really sucks. I hate women drivers on cell phones. I don't see how you are at fault if she hit you, but I do understand that the police might interpret it that way considering the damage is on the side of both of the cars. Keep us posted with details

**LandoAWD** · 05-12-2005, 07:55 AM

Poor Rover.

Sorry about the accident, Del. The car can be replaced, just be glad you are OK.

**catalyst** · 05-12-2005, 08:45 AM

Thats gay, it sounds like it was mostly her fault. Just replace the fender then go for the door once youve got cash.

**komodo** · 05-12-2005, 09:04 AM

Sorry to hear about that man. =/

**BMWbeauty416** · 05-12-2005, 09:05 AM

That sucks I'm sorry bad luck! I am glad the damage isn't bad - I saw Land Rover and cringed - I know you all have heard the story a million times over - but when I got hit in my Rover the 2 other cars involved were totaled - Best of luck with the repairs and desiding what to do

~*Teg*~

**pimpin328is** · 05-12-2005, 09:14 AM

man you really have some bad luck

**delmarco** · 05-12-2005, 10:24 AM

Thanks....I'm dealing....I'm dealing...

**zeaq328i** · 05-12-2005, 10:40 AM

Lastt year ,A bus hit you and last month an X5 and now this.....Your car must be angry at you when you're trying to buy the 528i..J/k.....
Sorry to hear...

witeshark · 05-12-2005, 11:59 AM

Unbelievable run of luck! I don't see 50/50 fault though! You were not moving and waiting for a traffic clear and simply go run into!

**Red_Rocket** · 05-12-2005, 12:33 PM

It shouldnt be too hard to do the insurance thing, if you do, if you both have the same company it should be easy.

Some lady backed into my dads e36 fender and she had the same insurance as us and it was an easy fix.

**bitcore** · 05-12-2005, 12:33 PM

Oh Noes Is The Rim Ok? Tell Me The Style 42 Rim Is Okays!
That was her fault. You were sitting still at a stopsign or whatever right?
Damnit that blows!