[jnotrom711]

Originally Posted by adeuel

Can't understand why you'd pull alongside a truck and trailer on the inside lane.
Just asking for trouble, even if he did cross the solid line.
The hassle of all of this thread alone is enough for me.

Because that’s the rules of the road. That’s why.

Good news for you is if the thread bothers you, it’s super easy to move along, and skip past it. I can’t understand if it’s such a hassle you’d continue with it?

[adeuel]

Originally Posted by jnotrom711

Because that’s the rules of the road. That’s why.

Good news for you is if the thread bothers you, it’s super easy to move along, and skip past it. I can’t understand if it’s such a hassle you’d continue with it?

The rules of the road are that you are required to pull ahead, alongside another car?? LOL. Good one. Even if there are cars behind you, you actually *can* stop in the middle of the road, although that's not what I would have done either. Lift off the throttle, let the car coast, and maintain your position *behind* the trailer, where you started.

As far as the hassle, I was referring to *your* hassle of having to type all that diatribe and then try to figure out how to post pictures upright. LOL!

Best of luck in all endeavors!

[adeuel]

Originally Posted by jnotrom711

I was lucky enough to be behind him (going maybe 20 MPH) both of us in the left lane (me directly behind him) approaching the 2 lane wide round about, when he decided to drift into the right lane, just before the round about, fine, no problem, I stayed course in the left lane we were in, entered the round about with him on my right side now, both going around the round about, when he decided to drift back in to the left lane

See above. Prior warning of erratic driving, and you still chose to drive up alongside him.

It's still probably his fault for crossing the solid line, but could have been avoided.

[jnotrom711]

Originally Posted by adeuel

The rules of the road are that you are required to pull ahead, alongside another car?? LOL. Good one. Even if there are cars behind you, you actually *can* stop in the middle of the road, although that's not what I would have done either. Lift off the throttle, let the car coast, and maintain your position *behind* the trailer, where you started.

As far as the hassle, I was referring to *your* hassle of having to type all that diatribe and then try to figure out how to post pictures upright. LOL!

Best of luck in all endeavors!

You must be confused on what happened. Yes rules of the road. I wasn’t trying to pass him on the inside. HE VACATED THE LEFT LANE. I didn’t try to sneak around him.

I was behind him in left lane. He vacated the left lane. I stayed. He was still to right / in front of me.

At no point was I ahead of him. At no point was I even next to his truck. His trailer was front/right side of me.

I did exactly what you said. Slowed down. Making the round about on the inside left Lane. Staying my course as he veered away from me. At last second he decided to swerve back into left lane cutting the corner. As I said and the aerial shows he very easily could have been going to the right turning. How would I know ?

Why is that difficult to understand?

There was no passing. No attempt at a pass. My speed at most was 25-30mph. I couldn’t go that much slower than him. As he was probably going 20-25mph.

The only ground I gained was because I was on the inside line which is shorter than the right side. So even going same speed I would gain ground regardless.

His truck was never next to me or behind me, period. The trailer was along side me.

This was not a round about that had a stop. Traffic continues forward. On a highway with people behind me. Stopping would have been even less defensive move as that could have caused me to get rear ended, which I would have been at fault for stopping for no reason when I had right of way.

As far as the long diatribe, you don’t have to read it. Although reading would give you all the facts you need to realize what you’re arguing is not anywhere near what happened.

Posting the pictures? Pretty sure I said upfront I tried to post right side up several times. It’s a flaw in the website or how it reacts with my browser.

I flipped them. Multiple times. Reposted. They flipped back around. Don’t know what to tell you. I’ve posted many photos on here with no issues. Why this time some of them were upside down and some not I don’t know or care.

Move along.

[jnotrom711]

Originally Posted by adeuel

See above. Prior warning of erratic driving, and you still chose to drive up alongside him.

It's still probably his fault for crossing the solid line, but could have been avoided.

He went into right lane. I saw it once. Not necessarily erratic. Very possibly he was turning right. I wouldn’t know.

I had no choice but to continue and end up along side his trailer. I didn’t attempt to get next to him or pass in a round about. We both entered the round about at relatively the same time him in the right me in the left although he was slightly ahead of me. His trailer to my right. So him and his truck was ahead the entire time.

Why is this difficult to understand?

Once again of course it was avoidable. Most notably, had he been following the law and paying more attention. There is not one single car accident in the history of car accidents that were not avoidable if you go back far enough to change a decision. That’s a stupid thing to say “could have been avoided”, no shit. Nearly every bad thing that happens to anyone at some degree could have been avoided.

And yes both insurance companies have notified me and he was absolutely at fault.

1 accident (not at fault in almost 30 years of driving?) I think I’m ok at decision making. But appreciate the advice that wasn’t asked for or accurate based on the fact that you weren’t in the situation.

[adeuel]

Originally Posted by jnotrom711

[The only ground I gained was because I was on the inside line which is shorter than the right side. So even going same speed I would gain ground regardless.]

Defensive driving would dictate staying behind the trailer as well.


He went into right lane. I saw it once. Not necessarily erratic. Very possibly he was turning right. I wouldn’t know.

I had no choice but to continue and end up along side his trailer. There was a choice. Slow to maintain position behind trailer. I didn’t attempt to get next to him or pass in a round about. But you also didn't maintain your position behind the trailer.We both entered the round about at relatively the same time him in the right me in the left although he was slightly ahead of me. His trailer to my right. So him and his truck was ahead the entire time. Trucks aren't the only thing that hit other cars - trailers do as well.

Why is this difficult to understand?

What was the purpose of your original post? To vent?

[jnotrom711]

Originally Posted by adeuel

What was the purpose of your original post? To vent?

Your responses seem to be making a little more sense now after reading this last response... So let me spoon feed it to you (since it appears you have missed it in the title, and body of post ....

As stated in the title of the post :

"Anyone have luck with diminished value claim?"

As well as further stated towards the end of the post :

"My questions to anyone in the know:

-i'm hoping the car is totaled, because after this I really dont want it back.... If it is totaled, I fully anticipate the insurance company will do all they can to devalue what they pay me. Any strategy/advice that could be given to ensure maximum value for total loss pay out?

-if anyone on here thinks it could be enough to total it, and they don't total it, is there any strategy/advice to ensure they DO total it when it should be?

-if the car is NOT totaled (which I actually don't think it will be), any strategy/advice to pursue a diminished value claim? As we all know, an M5 with an accident, even if repaired correctly by certified M technicians etc. will be hurt dramatically in value. If I had to guess on a car worth (before the accident) north of $75k-$85k, an accident on it will affect the value at least $8k-$15k in my opinion. "

[adeuel]

Originally Posted by jnotrom711

Your responses seem to be making a little more sense now after reading this last response... So let me spoon feed it to you (since it appears you have missed it in the title, and body of post ....

As stated in the title of the post :

"Anyone have luck with diminished value claim?"

As well as further stated towards the end of the post :

"My questions to anyone in the know:

-i'm hoping the car is totaled, because after this I really dont want it back.... If it is totaled, I fully anticipate the insurance company will do all they can to devalue what they pay me. Any strategy/advice that could be given to ensure maximum value for total loss pay out?

-if anyone on here thinks it could be enough to total it, and they don't total it, is there any strategy/advice to ensure they DO total it when it should be?

-if the car is NOT totaled (which I actually don't think it will be), any strategy/advice to pursue a diminished value claim? As we all know, an M5 with an accident, even if repaired correctly by certified M technicians etc. will be hurt dramatically in value. If I had to guess on a car worth (before the accident) north of $75k-$85k, an accident on it will affect the value at least $8k-$15k in my opinion. "

Lol

[jnotrom711]

Originally Posted by adeuel

Lol

Lol, is accurate. Thats very common when someone (such as yourself) attempts to make a sarcastic comments such as yours, when its clear you didn't actually read the post to begin with... Common for people like that to attempt to puff their chest and put someone in their place until your exact questions had the answers in front of them the entire time. They're just too lazy, or incapable of reading.

Did you not want answers to your questions? If not , I apologize. Sarcasm is hard to gauge on the world wide inter webs.

So, Anything to say regarding the actual questions I had? or advice I actually was seeking?

If not? As I mentioned earlier, move along, since the post seems to be something you want to turn into a debate.

Or maybe, you asking "what is the point of this post?" was indeed how you meant it? To be sarcastic and/or rhetorical in nature. Which include attempts to point a finger at me causing the accident? But yet, offering ZERO useful information that the post was asking?

As I mentioned to someone else earlier, it would behoove you to read before commenting. Both his, and my insurance companies have already found him at fault. With out question. So your comments around that are completely useless and obviously ignorant. The investigators had no issue in placing blame where it belongs.

Now your reading and comprehension skills are another topic altogether... But I'll leave that for you to seek help on a different forum , since this was a post seeking insurance/legal/financial advice.

[adeuel]

Originally Posted by jnotrom711

Lol, is accurate. Thats very common when someone (such as yourself) attempts to make a sarcastic comments such as yours, when its clear you didn't actually read the post to begin with... Common for people like that to attempt to puff their chest and put someone in their place until your exact questions had the answers in front of them the entire time. They're just too lazy, or incapable of reading.

Did you not want answers to your questions? If not , I apologize. Sarcasm is hard to gauge on the world wide inter webs.

So, Anything to say regarding the actual questions I had? or advice I actually was seeking?

If not? As I mentioned earlier, move along, since the post seems to be something you want to turn into a debate.

Or maybe, you asking "what is the point of this post?" was indeed how you meant it? To be sarcastic and/or rhetorical in nature. Which include attempts to point a finger at me causing the accident? But yet, offering ZERO useful information that the post was asking?

As I mentioned to someone else earlier, it would behoove you to read before commenting. Both his, and my insurance companies have already found him at fault. With out question. So your comments around that are completely useless and obviously ignorant. The investigators had no issue in placing blame where it belongs.

Now your reading and comprehension skills are another topic altogether... But I'll leave that for you to seek help on a different forum , since this was a post seeking insurance/legal/financial advice.

Sorry you are suffering. I sure am. Doth protest too much.

To my original point.

Had you been driving defensively, you would have given the truck *and* horse trailer a wide berth and stayed behind both, even in your own left lane.

You’re in control of your own lane, and traffic behind you. Even if you drop anchor and stop in lane.

Had you done that out of habit, the horse trailer could have swayed from one curb to the other and never caused all the damage you are asking about receiving diminished value for.

Best of luck and good night.

[jnotrom711]

Originally Posted by adeuel

Sorry you are suffering. I sure am. Doth protest too much.

To my original point.

Had you been driving defensively, you would have given the truck *and* horse trailer a wide berth and stayed behind both, even in your own left lane.

You’re in control of your own lane, and traffic behind you. Even if you drop anchor and stop in lane.

Had you done that out of habit, the horse trailer could have swayed from one curb to the other and never caused all the damage you are asking about receiving diminished value for.

Best of luck and good night.

No suffering here... Im perfectly fine.

It's a nice attempt at a recovery for you, but you're blatantly incorrect about the situation at hand.

You still lack a clear understanding of the situation. Which is not your fault. You weren't there, I wouldn't expect you to understand, how could you possibly know not being there? You don't know the exact situation. You clearly are not a fan, or have the ability to read the facts of the post. And thats OK. This is why the title and body of the post was asking for advice regarding insurance strategy. Not, "how could I have avoided being slammed into by an incompetent driver?"

So, agree to disagree. I was there, you were not. Both lanes are plenty wide enough to have 1 common sized vehicle in it next to each other, so long as BOTH follow the rules and laws of driving on public roads, and stay in their lane. How you think this is much different than driving next to ANY car in a round about or not, is beyond me. Do you only drive on 1 lane roads? You've never had a vehicle to the right or left of you? Ever? Thats Doubtful. You act like he was simply too long to to be able to fit in the curve like a 60 ft long semi truck, thats not the case at all. This road was plenty wide enough, and his truck trailer combo was not nearly long enough to warrant a wide or cutting a corner. At all.

In your own comment, i'm in control of my own lane, and traffic behind me.... So, since this guy was not behind me, NOR in my lane, what control, did I have over him? What control would I have over the accident, other than, not be on that exact road at that time? Which isn't realistic AT ALL. I simply cant assume EVERY driver is going to swerve in my lane in a 100 yard length of distance. Whats one to do? Not use freeways? Not use 2/4 lane roads? Not use the round about? Wait until theres no cars in sight anywhere ? Don't be a fool. You don't do that, nor does anyone else. and to add we were going 20-30mph at most.

I'll also add, if I decide to "stop in lane and drop anchor" and cause a pile up behind me with NO clear hazard in front of me, I just decide to inadvertently stop, because I have an imaginary fear of being in a round about with other cars, who's at fault? ME. Just because i'm trying to be EXTRA defensive, doesn't make it lawful, and doesnt make me not at fault. Thats not defensive driving, at all, not even close. Thats imbecile driving. Use the defense if you cause a pile up behind you "dropping anchor" and watch the police or judge laugh at you. "I decided to slam on my brakes and stop in the middle of a road because another car was next to me and I was scared he could come into my lane, so I just stopped." "ya sir, and you caused a massive pile up behind you, we understand your fear, but maybe you should just not be driving at all, if you're that fearful of others on the road. You're still at fault, and you caused the pile up. Have a nice day" Would it be ok with you since maybe it wasn't your car involved in the pile up, just the 5-10 behind you? LOL.

The insurance companies found the other driver 100% at fault. So your 4th or 5th party opinion has no relevance to the post topic whatsoever. The point of the post was not to ask what I could have done differently to not be involved in an accident. I'm VERY well aware, had I stayed home, had I not been driving next to him, had I been riding a bicycle, had I had my psychic tarot card reader with me, had I had a Delorean that would go back in time, the outcome of the day could have gone very different. But it didnt. So whats the point ?

1 accident in 30 years isn't too bad, especially when I was found not at fault.

This is the dumbest response i've read yet... "Had you done that out of habit, the horse trailer could have swayed from one curb to the other and never caused all the damage you are asking about receiving diminished value for"..... No shit! Like discussed above, not really realistic though. But appreciate the ridiculous advice for NEXT time.

How about 1 ounce of admitting this was not my fault, and recognizing the other driver was a complete fool, which is why his insurance and himself will be the one paying it. Realizing NOT everything can be avoided at all times.

"Nicole Brown and Ron Goldman got killed. Just imagine if they weren't so stupid, and would have defensively noticed the psychopath she was married to, she wouldn't have gotten herself killed. What an idiot she and Ron were. OJ? He's not a bad guy though, he had to do what he had to do. If they werent there, he just would have been stabbing AIR"

Thats the same logic you use... Thats a LOL.

[secretariat]

Originally Posted by jnotrom711

Not actually that mad. Just trying to minimize financial losses

I’ve been on the road many years as well. In nearly 30 years this is my first accident I’ve been involved in.

Please don’t assume I’m a 20 year old kid driving daddy’s car.

This roundabout has plenty of room and he made actions of turning right.

It’s very easy sitting behind a computer to give after the fact advice. But the fact of the matter is the I didn’t have a choice but to continue to drive forward with people behind me. I can’t just stop in the middle of the road while I figure out if this guy planned to stay in his lane or not. That’s why there’s more than one lane.

I didn't assume any such thing and the "daddy's" car thing I don't know where that is coming from? Sitting behind the computer giving "after the fact advice" is exactly why you put this out there isn't it? You come off as being very pissed off. Good luck with the repair job.

[jnotrom711]

Originally Posted by secretariat

I didn't assume any such thing and the "daddy's" car thing I don't know where that is coming from? Sitting behind the computer giving "after the fact advice" is exactly why you put this out there isn't it? You come off as being very pissed off. Good luck with the repair job.

It came from this comment you made which would infer I'm not a very experienced driver and should head advice about defensive driving which i've put to bed with the others that mentioned it...

"OP if you live to be 80 years old you will realize that the first thing they do is blame you. Also I understand that you are pissed off but up above ^^^^^ is some good advice."

To answer your question, which is what is starting to get irritating now, considering this had nothing to do with my actual post... No, At no point in time was looking for after the fact advice... Especially regarding driving technique.

I was seeking information to form a strategy in the FUTURE. For a FUTURE diminished value claim. Also, advice for maximizing an insurance settlement, anticipating in the future, the insurance company would attempt to pay out as little as possible. Considering neither the settlement, payout, repairs, or anything else has happened yet, that would be something to occur in the future. Which I am trying to compile information to build a strategy for a FUTURE event.

The accident is in the past. The other driver found at fault. No questions there, no information from the forum requested or needed.

At no point did I seek advice for defensive driving, or how this accident could have been avoided.

I'm well aware who was at fault. Well aware of the facts of the accident, and very well aware of what could have been done for the accident to not occur. Since that has come and gone, the advice given that was unsolicited is useless, and a waste of everyones time.

IF you have something to contribute to the questions I asked, then id happily take that information under advisement. Otherwise, if commenting about what I did wrong or could have done different to avoid an accident irrelevant. Again, the other driver has been found 100% a fault. Something a few folks here want to ignore. With in the eyes of the police dept., as well as both insurance companies, they did not find anything I was negligent with regarding my driving. Rest assured had they found something I did wrong, I would be paying the price. So, regardless what anyone, (Including myself), thinks about what I could have done different at the time, the people who matter (police and insurance), disagree with you all. Trying to infer I did something to cause this accident, or could have reasonably done to stop it obviously is unfounded. This is seen by the fact that I was not found at fault.

Go on with the chlorophyl !

[adeuel]

My gosh, you are so angry. Simmer down.

No one, including me, is saying the trailer driver is not at fault.
Obviously, to the letter of the law, his trailer crossed the lane and is responsible.

I truly hope you find the answers you are looking for regarding your future claim, because without the ability to recognize that although you weren't legally at fault, but weren't driving defensively in the given situation, you are bound to have plenty more claims in the future, that also will not be your fault.

I remember an old ad from Audi that the best accident is the one you avoid. (regardless of fault)

[Aronis]

Jnotrom711,

I feel your pain. Clearly the other driver's fault. Sorry to see the hostility here among car lovers.

There is a post on "HorseTrailersForGrannies" telling the other side of the story and they are all "it was that mean Blue Car's Fault, are the horses ok?"

Mike

[JAYRICHFROMMIAMI]

We convinced the insurance company to total our car by presenting them with the diminished value report prior to authorizing repairs. Once they saw how much they could be liable for, and assessing the high prices being paid for salvage cars, they relented and totaled the car. Our appraiser was instrumental in both his advice and DV reporting.

[jnotrom711]

Originally Posted by Aronis

Jnotrom711,

I feel your pain. Clearly the other driver's fault. Sorry to see the hostility here among car lovers.

There is a post on "HorseTrailersForGrannies" telling the other side of the story and they are all "it was that mean Blue Car's Fault, are the horses ok?"

Mike

LMAO!!! love it.

I'm not nearly as mad as others may think. I just feel the need to make sure the correct and relevant information is being discussed. And I wont back down when it's blatantly incorrect and irrelevant to the topic at hand.

What could have been done differently by the other driver, myself, and ANYONE else ever involved in an accident isn't super relevant after the fact.

Again, go back far enough to remove enough layers, all accidents and bad things can be avoided. But unfortunately thats not reality, and i'm not a big fan of rehashing things that cant be changed, and aren't important. Especially when the post had 2-3 very specific things I was after.

[jnotrom711]

Originally Posted by JAYRICHFROMMIAMI

We convinced the insurance company to total our car by presenting them with the diminished value report prior to authorizing repairs. Once they saw how much they could be liable for, and assessing the high prices being paid for salvage cars, they relented and totaled the car. Our appraiser was instrumental in both his advice and DV reporting.

Good to know, and great point to get the diminished value appraisal BEFORE any repairs or settlement accepted, probably much more likely to get the outcome im looking for with that strategy. Thank you

[jnotrom711]

Originally Posted by adeuel

My gosh, you are so angry. Simmer down.

No one, including me, is saying the trailer driver is not at fault.
Obviously, to the letter of the law, his trailer crossed the lane and is responsible.

I truly hope you find the answers you are looking for regarding your future claim, because without the ability to recognize that although you weren't legally at fault, but weren't driving defensively in the given situation, you are bound to have plenty more claims in the future, that also will not be your fault.

I remember an old ad from Audi that the best accident is the one you avoid. (regardless of fault)

Nope, i've been and will continue to already be simmered down. You read angry tone, when it's more than likely eye rolling, and sarcasm on some of it. But I'll admit it's irritating to have a thread taken over to discuss defensive driving techniques. When that isn't what i'm looking for here.

Once again... Thanks for the insights, no shit, the best accident is the one you avoid. Thats a ground breaking observation there. Thanks.

Ive been involved in 1 (this one) accident in 30 years driving? and i'm not at fault for that 1 accident?... Say what you will, but i'm likely in the minority of people who can say that.

His truck, and trailer crossed the solid white. He was cutting the corner. So not just a rogue trailer. Again, no difference if just driving a next to someone and they swerve into you on the freeway. What would you do there? Not drive on the freeway? (rhetorical here if that wasn't obvious, not actually looking for your reply)

Let's be very clear. Driving defensively does not mean having psychic abilities to know when a random person is going to swerve at me out of the 1000s of cars we share the road with. It's trying to anticipate a potential accident, and a strategy of how to mitigate that if it's unavoidable. Wether you think so or not, some accidents are not avoidable. You do the best you can with what you have in front of you at the time. You cant predict everyone. And you say I wasnt driving defensively.....

As I approach a round about, and I have a clear lane ahead of me, I have right of way, cars behind me and to the side of me on a highway.
I have a couple decisions.... stop "drop anchor", slow wayyyyy down to like 5-10 mph(was already only going 20-30MPH a most), or continue on. In that split second im able to decide which would pose the least risk(driving defensively), and is the most lawful thing to do (legal rules of the road). I decide it's not a great option to just stop. Im already going about as slow as I can with out irritating and potentially causing issues in the round about. and I had a clear lane ahead of me. In that scenario I chose the option best suited for me at the time, that had the least potential for an accident, and was the most legally prudent. which was to continue on. Much more likely to be rear ended, or cause an accident behind me, which would have been my fault and not legal. Most would not assume a guy who is traveling the same round about who youve been behind for quite a while, and showed no signs of problematic driving other than changing lanes with no signal to the right would all of a sudden swerve left into your lane. So you go with the safest most logical option with the information you have in front of you. Unfortunately, the other driver had other plans.

The best drivers in the world get into accidents, and they're constantly trying gauge risks and make quick decisions with what they have at the time. Are you Going to go tell Michael Schumacher , "hey bud, maybe next time you're in a race, drive more defensively you wouldn't have smashed in to the wall at 100MPH, maybe slow down a little, and don't take the car past its limits".... STFU, lol. Shit happens. To everyone. could it be avoided. Of course. It's not rocket surgery to know a car accident could be avoided with different decisions.

I'll say again, may you, and anyone else running your mouth about defensive driving NEVER be in any form of an accident. Ever. And I sure hope as you sit on your high horse, you've never been in an accident yourself...You'll know the thread to refer to if you do.

We're done here.

[josec70]

OP, sorry you need to deal with this and hoping the outcome is a good one.

[jnotrom711]

Originally Posted by josec70

OP, sorry you need to deal with this and hoping the outcome is a good one.

All good, not the end of the world, but it'll work out, cheers

[josec70]

Originally Posted by jnotrom711

All good, not the end of the world, but it'll work out, cheers

Agreed, 1st world problems for sure!