New NSX Just Got Totaled

ill post the vin when i get back to the dealership monday.

Edit: I was actually planning to buy my new nsx off ebay. is that a bad move? i would fly down and have it checked out of course but what are your opinions on it? the nsx that got wrecked was a locally owned one so i havent dealt with ebay and cars before.
 
A moment of silence for the accident..................Thank you.


Wolf-Sorry 'bout the accident. can't say enough how you must pursue the claim with vigor. As far as buying on e bay, well just remember; "buyer beware."

click on this link;

http://clarkhoward.com/library/tips/cars_online.html

Best Regards,

Skyguy
 
Edit: I was actually planning to buy my new nsx off ebay. is that a bad move?

Not at all, just be careful and use common sense and follow the tips on the link SkyGuy posted. I have bought several off Ebay with no probs but you have to be diligent to find that good one among the scams, wrecks and junkers.
 
Wolf. said:
ill post the vin when i get back to the dealership monday.

Edit: I was actually planning to buy my new nsx off ebay. is that a bad move?


I would stay away, The best place to fine a nice and well maintained NSX is right here on prime, and if you can fine one that has been cared for by a NSXCA member its even better. ;)
 
Here's the problem with eBay, as I see it. There are some scammers there, but the bigger problem is that a lot of sellers overstate the condition of their cars, and there's no way to tell the extent to which this happens unless someone else inspects it in person. Furthermore, neither you, as a prospective buyer, nor the seller, is going to want to go to the trouble and expense of arranging an inspection before you have won the auction, and you're already committed to buying it if you do win the auction.

nsxchi-town said:
The best place to fine a nice and well maintained NSX is right here on prime, and if you can fine one that has been cared for by a NSXCA member its even better. ;)
True.
 
Sorry about the loss of the vehicle but at least you are okay.

Just playing devil's advocate a little but in a "he said, she said" accident, absent accident reconstruction being performed it is not as cut and dry as many would believe.

First of all, this was a 4 way Stop intersection which means you had to stop also. Every driver is charged with the general duty of "seeing what there is to be seen" on the roadway. Assuming equal sight distances down each of the 4 intersecting streets, the question becomes what did you have a duty to see in terms of her vehicle approaching.

At a 4 way stop, you normally yield the right of way to the vehicle on your right unless you are the first one at the intersection. Based upon your description it would appear she approached you from a street entering on your right. Assuming your description to be accurate, I would presume you reached this 4 way stop first.

Next, the investigating officer's opinion is inadmissible absent training in accident reconstruction combined with such a crash analysis being performed at the scene by that officer. Otherwise, his opinion is no more probative of the ultimate issue than anyone else's, including mine, here on Prime.

The exent of damage to a vehicle in a crash combined with the post-impact movement of those vehicles are a combination of the speed of both vehicles, angle of impact, height differentials and vehicle weights, among other factors. The amount of damage to your vehicle may just as likely result from your speed being excessive as it is a factor of her speed. It would take less energy from her vehicle to move your NSX over to the curb if you were speeding because even a lighter hit would merely redirect your forward energy to the side, depending upon the angle, and your path of travel would now be in that new direction until the car stopped on its own or impacted with a solid object.

Similarly, the ultimate resting place of both vehicles resulting in hers being "on top of" yours may merely be a consequence of the fact that an SUV is higher than an NSX. It would have been unlikely to have seen the reverse occur regardless of relative speeds. The distance she travelled post-impact may shed some light on her speed.

With that being said, I am not passing judgment on who is right or wrong but merely indicating that without eyewitness testimony (which, by the way, is viewed as the least reliable) or accident reconstruction, it is still your word against hers. At a minimum, cell phone records are admissible to establish that a driver was on the phone at the time of impact but do not confirm definitively that the driver ran a stop sign.

Photographs of the scene would be beneficial to determine whether there were any skid marks, yaw marks or gouge marks from either vehicle. Presumably you have insurance and will get a quick resolution from your carrier after which it will be their burden to establish her culpability during resolution of their subrogation claims.

Good luck with your search for a new one.
 
RSO 34 you have a good point. She was coming from the right, but there is one diffrence. She was coming up from a hill and her car was hidden. So even though im a defensive driver i couldnt see her car until she peaked over the hill, right past the stop sign, and into the side of my car. I have replayed the accedent many times in my head and there was no way for me to have avoided it. Come to the stop sign, look both ways, continue forward, half way in the intersection, she flys over the hill past the stop sign and into the side of my car. Thats pretty much exactly what happened. I still cant believe I didnt even have the car for a full day and it was taken from me. Maybe thats life's way of saying that material objects, no matter how much you fall in love with them and want them, arent all that is important.
 
It costs about $150 for a complete inspection, not much of an investment if you are considering purchase of this type vehicle. I would certainly agree that you are going to get a cleaner car in most cases off this board, for sure, however things have to be priced right. Car nuts like us tend to get emotional about pricing our babies! But as Warren Buffet says " I'd rather pay a fair price for a great (thing) than a great price for a fair (thing)". Indeed.

FYI, most non-Acura or highline/sports dealers that take an NSX in trade are simply going to run it through auction anyways, doesnt mean its a bad car. Again, use your noggin!
 
That was a very good post and Im glad I read it. Things could have been much worse (I was planning on giving my sister a ride that morning) and she could have been killed right next to me. Lives cannot be replaced, but cars can. Your right, its just a car.
 
I just noticed that you posted a photo. That should be sufficient for your insurance company to recover on their subrogation claim, if you decide to go through them.

Based upon the location and extent of the damage it appears clear that you were in the intersection first and the lack of continuing damage through the rear quarter panel would suggest that you were not carrying enough speed at the time to imply that you ran the stop sign.

I would recommend that you try to get her carrier to pay 100% of your claim directly rather than take your carrier's check minus your deductible. Often times in the subrogation action your carrier will accept, for the sake of argument, 75% of the claim to get a quick resolution and they, in turn, would refund you only 75% of your deductible. Rather than wait for that to occur, it makes more sense economically to try to get the entire loss covered by her carrier so that you do not risk a lesser amount or have to wait an inordinate amount of time to recover your deductible.
 
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Man..... I feel for you. I remember a car I bought in Highschool that I only

had for 17 hours before it got totalled. Kind of the same circumstances. The guy blew a stop sign and removed the whole right side of the car. Unibody car, so it was pretty much history. That was 24 years ago, and it still pisses me off every once in a while. It was a rare car, only one of 488 produced if I recall correctly.

But.... the thing that's hardest to replace (YOU) didn't get wiped out. That's priceless. Hopefully soccer mom will get hers, and you'll end up with another NSX to worship.

Sorry again, just keep looking forward to the next one!
 
Wolf -
I have to tip my hat to RSO 34 - well thought out, logical analysis. I agree with his logic and conclusions, given what we know.

What you may want to consider is
1. inquiring with the police if the party that struck you has any prior collisions or citations on her record.
2. If she had a cell phone number which she provided, you may want a copy of that bill.

You can use the court's subpoena power to issue a Subpoena Duces Tecum to compel production of her DMV and cell phone records. It may assist your case to prove she was on the telephone at the time of impact. This is the kind of tactic that you want to do if you saw her on the telephone at the time of the accident. If you did not, and she was not, then it would cut against your case that she was inattentive as she was driving. And as she would be notified of the SDT, she would know what you were tring to prove in all liklihood. Similarily, if you have a cell phone, bring your cell phone record to show that you were not on your cell phone while driving. (I hope)

Also, you may try to speak with anyone in the surrounding building, business, homes, etc., to see if you may have some witnesses that were not contacted by the police or did not come forward. If you locate one, obtain a written declaration from them in their own hand, signed under penalty of perjury attesting to what they saw.

Oh well, couple of thoughts, maybe they will give you some help, maybe not.
 
You should contact the officer's supervisor, or if you can afford a $150-$250, have a lawyer do so. I have on more than one occassion had success in getting an accident report changed and citation issued. Your photo pretty much proves your case unless you also ran your stop sign (unlikely coincidence). The impact, and the distance your car was pushed is proof she ran her stop sign.

disclaimer: I am a lawyer.
 
Cairo94507 said:
Wolf -

1. inquiring with the police if the party that struck you has any prior collisions or citations on her record.

Generally, a history of prior accidents and/or citations is inadmissible at a trial. Similarly, a history of no accidents nor citations is also inadmissible.

The logic behind the foregoing is that you can be the worst driver in the world but still not be the cause of a current accident. The fact finder, whether judge or jury, potentially would be influenced by collateral accidents/citations which most likely would not be dispositive of a driver's negligence on a subsequent date. Conversely, you could have a perfect driving record but still do something negligent like looking down to change the radio station and rear ending a car in front of you. The fact that you were accident free prior that occasion should not be used to suggest that you were not negligent in this instance.

The same would be true of citations. I may speed on my way to work every day but if I get hit tomorrow while stopped at a red light then why should I be prejudiced by the fact finder hearing that I have many speeding violations.
 
I just hope since you only had the car for 1 day, you had added it to your insurance. :(
 
I have alot to think about now. I appreciate everyone suggestions and advise and Ill let everyone know how everything turns out. Thank you again.
 
man.. really sad to hear.. but really glad to hear you are ok.. btw.. did u ever find out if that stupid lady was on a cell phone? I have had SO MANY freaking close calls with dumbasses on cell phones lately.. especially the ones not using headsets.. good luck man
 
That is one ugly T-boning of a formerly beautiful NSX!!! Glad that you're okay, it's unbelievable how many people tell me of the "near misses" that they get in out cars, mostly lane changes. How this woman came flying through the intersection and didn't see a bright red NSX is criminal. Glad that you're ok, now start looking for a replacement!!!
 
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