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stock breakin time PLEASE HELP


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Good luck Br3nnan!

 

That is tough to hear about. I certaintly hope your insurance puts up a good fight for you. Like said above, you did NOTHING wrong. Might even be cautious with saying things like "i locked up the brakes". Maybe "my brakes locked up" would sound better?

 

Sucks dude. Keep us posted!

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Sorry about your car, I recommend getting a copy of the traffic collision report ASAP. The handling agency will charge you a small processing fee most likely.

 

Well..... I know how California works, not sure where you're at but, some things might be similar. On the CHP 555, the driver the investigating officer believes to be at fault is always listed as P1(Party one) or D1 (driver one). If your listed as P2 or D2 you can possibly interpret that as not your fault. IF you get a copy of the report, look for the words "Primary Collision Factor" or PCF. This is usually determined by the Investigating officer. If it says something like "excessive speed" or the state vehicle code for speeding it could be reasoned that they think you were at fault (unless speed would apply to the manuever the lady was using prior to the collision).

 

If it says something similar to "inattention" that could be either of the drivers, most likely the person who pulled out. I would look out for "Failure to yield" or any Vehicle Code section related to that. That would indicate her failure to yield to oncoming traffic, thus her being the primary collision factor. You can find all of your state codes online.

 

The insurance company will get a copy of the collision report but it usually takes forever. In California an officer completing a collision report has 30 days to turn it in to the CHP. The most important thing about having a bunch of witnesses is that they give their witness statments AT the time of the collision while the initial officer is there. It builds credibility for his report. Ultimately the usual outcome of these incidents is determined by the opinion of main investigating officer.

 

Now as far as braking, the formula's they use to determine speed is real basic and you could easily argue in court that their calculations were incorrect because they didn't take into account your vehicle type, weight, etc etc. They can usually only determine exact speed when there are straitions on the black marks and that is left from accelerating, not braking.

 

Anywho, there are a bunch of areas to speculate on this incident, best thing to do is get a copy of the report ASAP.

 

Good luck.

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